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Queens DUI Lawyers

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Queens DUI Lawyers

Should I Take A Breath Test If I’m Arrested On DUI?

Driving under the influence of alcohol is illegal in every state in the U.S. While many people drive after drinking and never get caught, the reality is that most eventually run into trouble with the law at some point in their lives. The following is an overview of how driving under the influence can affect your life and what happens if you refuse to take a breathalyzer test when stopped by police. If you have been charged with driving under the influence, it may be helpful to speak with a criminal defense attorney for advice. What Happens In A DUI Traffic Stop? Most drivers know not to drive when drunk. However, many drivers drive after having just a few drinks, not realizing that they may be over the legal limit of 0.08 percent blood alcohol content. If you are stopped on suspicion of drunk driving, the following things may occur: The Officer Will Ask For Your Drivers License, Registration And He Will Ask You If You Have Been Drinking He Will Ask You To Step Out Of Your Car He Will Ask You To Perform Sobriety Tests He May Read You Your Rights He Will Ask You To Perform A Breathalyzer Test If You Are Over The Legal Limit He Will Place You Under Arrest Your Care Will Be Impounded You Will Be Taken Into Custody What Is Implied Consent? If you have a drivers license, you are consenting to willingly participate in any field sobriety test during a traffic stop. This is known as implied consent and places harsh penalties on drivers who refuse to submit to testing. What Happens If You Refuse? You can refuse to submit to the breathalyzer test or any other type of sobriety testing. However, it will almost certainly mean the automatic suspension of your drivers license and most likely a trip to jail depending on the laws in your state. On the upside, refusing to submit to testing does not give prosecutors a blood alcohol content and that may leave your lawyer room to get the charges reduced or dropped because the case is more difficult to prove. No matter whether you decide to submit to sobriety testing or not, you should take care to avoid making any admissions of guilt that can be used later on in court. Even something that seems benign could come back to haunt you later. What Can A Lawyer Do For You? If you are facing drunken driving charges, it is usually best to hire a lawyer to represent you in court. A lawyer may be able to get charges reduced or dropped. If not, it may be possible to limit the damage to your driving record by obtaining legal counsel. If the following circumstances occurred in your case, your lawyer may be able to argue the validity of your case: The Test Administered Was A Urine Test You Have Witnesses To Testify You Did Not Have Much To Drink Prior To Being Stopped You Were Not In Control Of The Car When You Were Stopped A criminal defense lawyer may be able to help you negotiate a plea bargain in your DUI case. In some cases, prosecutors are willing to drop the charges to reckless driving if you blew a 0.09 percent and no one was injured in an accident due to your driving under the influence. Certain states have wet reckless laws that makes negotiating plea bargains in DUI cases easier. In most states, a wet reckless charges does not require the suspension of your driving privileges even if you hold a commercial drivers license also known as a CDL. Contact a criminal defense lawyer today if you are facing driving under the influence charges to discuss the options you have available to you under the law. While it is possible to enter your own plea, hiring a lawyer to protect your interests may be the best way to minimize the damage to your driving record. What if this is not my “first” DWI arrest? This articles by Nima Haddadi, a Los Angeles DUI lawyer. The penalties for driving while intoxicated (DWI) vary depending on the circumstances of your arrest and your state, but in every state, penalties are much more severe if you already have prior DWI arrests on your record. While every state classifies a driver’s first DWI as a misdemeanor, it could classify subsequent DWI offenses as felonies. There may be a jail sentence, and if your offense was particularly severe or you have multiple prior DWIs, that sentence could be several years in length. The length of time that the state suspends your driver’s license is significantly longer after your first offense. For example, a state that suspends a driver’s license for 90 days or 6 months on their first DWI offense may suspend it for 1 year on a second offense and 3 years on a third. Driver’s license revocation is also a possibility. Fines increase with each subsequent DWI. The state may put you on probation for several years and require that you attend DUI classes. It’s also likely that the state will require you to have an ignition interlock device installed on your car before you can drive again. An ignition interlock device is an in-car breathalyzer that requires you to provide a breath sample before you’re able to start your car. If your breath sample has a blood alcohol content (BAC) at or above the limit that’s programmed into the device, then your car will not start. The programmed limit is usually a BAC of .02. These devices also have rolling retests, which are required retests while you’re driving to ensure that you don’t drink after starting your car or have someone else provide a breath sample for you. If you fail to provide a breath sample or your breath sample is at or above the programmed limit, the device will cause your horn to honk and your lights to flash until you pull over and shut your car off. If you are being charged with a DWI and you already have one or more on your record, it’s imperative that you hire a skilled defense attorney. Each state takes repeat DWI offenders very seriously and has severe punishments in place. Without a strong defense, you could end up with large fines or jail time. A defense attorney can examine the prosecution’s case to see if there are any weaknesses, such as a lack of probable cause to pull you over, or any issues with the testing method used to obtain your BAC. DWI cases are complex, and there may be issues with the evidence against you, but it requires an intricate knowledge of arrest and testing procedures to find those issues. That’s why you need a DWI defense attorney who has handled these types of cases before. While it’s rare for DWI charges to get dismissed, your attorney may be able to secure you a plea deal for a lesser charge if the prosecution isn’t completely confident in the evidence they have against you. Keep in mind that there are no guarantees when it comes to DWI cases. No attorney can promise that they’ll get your charges reduced, and if they do then they’re lying to you. However, a defense attorney gives you the best chance at minimizing the damage that a DWI causes to your life. They may be able to work out a deal where you complete a DUI education program instead of serving jail time, or install an ignition interlock device on your car instead of having your license suspended. A defense attorney can make the difference between spending a year in jail or being put on probation. You should hire an attorney any time that you’re charged with a DWI, but it’s even more critical when you already have one or more previous DWI charges on your record. Driving under the influence or DUI is a serious charge that can have dire consequences. Depending on circumstances such as your blood-alcohol concentration or whether anybody was injured or killed due to your actions, you could face serious jail time and hefty fines, not to mention the almost certain loss of your driving privileges for a period of time. As with most other criminal charges, it is in your best interest to speak to an attorney if you are charged with a DUI. You will need someone who knows about the DUI laws in your state and who can at the very least provide you with legal advice. Depending on your situation, you may also need to hire a DUI attorney to represent you in court. With that being said, here are some tips that will help you determine what you will need from your attorney. When You Do Not Need a DUI Attorney Even though you should never hesitate to ask an attorney for legal advice if you’re facing a DUI charge, you might not require their representation in court if it is your first offense and there were no injuries. If it is on record that your blood-alcohol concentration was fairly high (such as anything above a 0.08) and there is evidence that shows that you were impaired, there isn’t much you can do to avoid a DUI conviction. You are usually better off facing the standard penalties for a first-time offender rather than spend time and money defending yourself in court. When You Should Hire a DUI Attorney On the other hand, there are some situations where you should definitely hire a DUI attorney to represent you in court. If it turns out that the case against you isn’t as airtight as it first seemed, you might be able to arrange for a plea bargain and accept a plea for a lesser charge. You can also negotiate for a lesser sentence if you are willing to have a DUI on your record. In any case, you will need a DUI attorney to help negotiate the charge. Your attorney will have experience with such scenarios, so while there is no guarantee that you will succeed in reducing your sentence or be convicted of a lesser charge, you will stand a much better chance if you have someone on your side. Even though there are situations where it seems easier to not hire an attorney for an expensive court battle, you should never hesitate in speaking to a DUI attorney if you feel like you need one. An experienced attorney will be able to provide you with all the counsel you need to face the charges against you, and they might even be able to arrange for a lesser sentence. With as serious as a DUI charge can be, you will need all the help you can get. Driving while drinking or on drugs is a serious offense with serious consequences. Fines and jail time are common place in these scenarios and if you don’t have someone in your corner, the prosecution will be free to push for as high of a penalty as possible. A Bucks county DUI attorney, like any other attorney, has the job of protecting your rights and helping you take the minimal penalty. Their technical jargon and knowledge of the state laws, depending on the state Your in, can pull you through what would otherwise be a total disaster. Let’s have a look at some of their knowledge base.

Do You Need One?:

Before we look into what a DUI attorney can do, we need to establish if you can receive help in your situation. An attorney won’t be able to help you, or won’t need to help you in these situations:
  • First Offense- penalty will of course still be applied, but it probably won’t be as bad as if you were a repeat offender
  • No One Was Hurt- this is the ideal scenario if you are convicted. Penalty will be minimal.
  • It’s Obvious that You’re Drunk- Alcohol on your breath, slurred speech, and a high BAC(limit 0.08)are tell tale signs to an officer.
These situations will probably result in a guilty plea or “no contest”. At that point the penalty is assigned and it’s curtains for you. Even still, it couldn’t hurt to consult an attorney in the situation where a factor in your case requires legal assistance.

What an Attorney can Do:

Now that we’ve ruled out the possibility of not needing an attorney, let’s go over the knowledge base of a DUI attorney. A Plea Bargain– If the case for the prosecution isn’t rock solid, further trials can be made to come to a final conclusion. This of course costs the state more money and that’s not always something they’re willing to give up. In this scenario, your DUI attorney can negotiate with the prosecution on a plea bargain. This is where your attorney’s charisma comes into play. If your attorney can convince the prosecution, you can plea guilty and receive a lower penalty. Go you! The potential charges you can plead down to are things like “reckless driving”, but in California there’s something called “Wet Reckless”. This means that the use of alcohol is recognized, but the sentence is far less intense than a DUI charge, keeping you out of jail and protecting your licsense from being suspended if your BAC isn’t above .08%. Keep in mind that “Wet Reckless” is still a DUI charge on your record, so don’t get convicted twice.

DUI Involving Drugs

In addition to helping with the sentence, a DUI attorney can also negotiate away any random drug testing or conditions of probation. In retrospect, it seems a bit underhanded, but not if you’re the one getting help. So, in short, DUI attorneys are important to your case and can be the difference between a second chance and years in prison. When you think about it, they might just be worth the money and hey, you know your Miranda rights, so you’ll be provided one anyway. Driving while drinking or on drugs is a serious offense with serious consequences. Fines and jail time are common place in these scenarios and if you don’t have someone in your corner, the prosecution will be free to push for as high of a penalty as possible. A Bucks county DUI attorney, like any other attorney, has the job of protecting your rights and helping you take the minimal penalty. Their technical jargon and knowledge of the state laws, depending on the state Your in, can pull you through what would otherwise be a total disaster. Let’s have a look at some of their knowledge base. Do You Need One?: Before we look into what a DUI attorney can do, we need to establish if you can receive help in your situation. An attorney won’t be able to help you, or won’t need to help you in these situations:
  • First Offense- penalty will of course still be applied, but it probably won’t be as bad as if you were a repeat offender
  • No One Was Hurt- this is the ideal scenario if you are convicted. Penalty will be minimal.
  • It’s Obvious that You’re Drunk- Alcohol on your breath, slurred speech, and a high BAC(limit 0.08)are tell tale signs to an officer.
These situations will probably result in a guilty plea or “no contest”. At that point the penalty is assigned and it’s curtains for you. Even still, it couldn’t hurt to consult an attorney in the situation where a factor in your case requires legal assistance. What an Attorney can Do: Now that we’ve ruled out the possibility of not needing an attorney, let’s go over the knowledge base of a DUI attorney. A Plea Bargain- If the case for the prosecution isn’t rock solid, further trials can be made to come to a final conclusion. This of course costs the state more money and that’s not always something they’re willing to give up. In this scenario, your DUI attorney can negotiate with the prosecution on a plea bargain. This is where your attorney’s charisma comes into play. If your attorney can convince the prosecution, you can plea guilty and receive a lower penalty. Go you! The potential charges you can plead down to are things like “reckless driving”, but in California there’s something called “Wet Reckless”. This means that the use of alcohol is recognized, but the sentence is far less intense than a DUI charge, keeping you out of jail and protecting your licsense from being suspended if your BAC isn’t above .08%. Keep in mind that “Wet Reckless” is still a DUI charge on your record, so don’t get convicted twice. DUI Involving Drugs: In addition to helping with the sentence, a DUI attorney can also negotiate away any random drug testing or conditions of probation. In retrospect, it seems a bit underhanded, but not if you’re the one getting help. So, in short, DUI attorneys are important to your case and can be the difference between a second chance and years in prison. When you think about it, they might just be worth the money and hey, you know your Miranda rights, so you’ll be provided one anyway. Will I have to get a breath test device on my car If you’ve been convicted of driving under the influence (DUI), then one of the penalties may be a requirement to have an ignition interlock device, also known as a breath test device, installed on your car. Whether or not you must get one installed depends on the circumstances of your case and your state. Factors that could require you to have an ignition interlock device installed in your car include having a blood alcohol content (BAC) above a certain amount or having multiple DUIs on your record. In some states, you can have an ignition interlock device installed to avoid a suspension of your driver’s license. This enables you to continue to drive to work, school or anywhere else you need to go, so you don’t end up inconvenienced like you would with a suspended license. How does an ignition interlock device work? It’s essentially a breathalyzer installed into your car, and you must provide a breath sample before you can start your car. If the device determines that your BAC is at or above the programmed maximum, which is typically .02, then it interrupts the signal from the starter to your engine, which prevents your car from starting. Depending on the device, you may need to wait for a set amount of time before you can provide another breath sample. If you continue to fail its test, then the amount of time you must wait will be longer after each successive failure. For example, you may need to wait 5 minutes to provide another breath sample after one failure, 15 minutes after the next failure, 45 minutes and then finally 24 hours. Ignition interlock devices also typically have rolling retests which require you to provide a breath sample while you’re driving. This prevents you from drinking after you’ve gotten your car started, or from having another person provide a breath sample to start your car while you’re intoxicated. If you fail that breath test, the device will create an alarm, which could be flashing your car lights, honking the horn repeatedly, or both. It will do so until you pull over and shut the car off. The court, DMV or your probation officer can review the logs from your ignition interlock device, depending on which one mandated the installation of the device. Some devices send log information wirelessly, whereas others store logs which can be printed out or downloaded when the device is being calibrated. The cost of installing an ignition interlock device is usually anywhere from $100 to $200, and calibration costs about $60 to $80. Ignition interlock devices may need calibration every 30, 60 or 90 days. A failure on a rolling retest is a bigger issue than a failure on an initial test, because there are things that can artificially raise your BAC for that initial test. For example, if you recently used a mouthwash with alcohol, that could result in you failing your initial test. On the other hand, if you pass your initial test, there aren’t any valid reasons why you would fail a retest unless you started drinking after or it wasn’t you that took the initial test. If you do have issues on your ignition interlock device’s log, it could result in further penalties. If you are being charged with a DUI, it’s smart to consult with a defense attorney to go over your options and prepare your defense. Your attorney will be able to explain to you possible circumstances in which you’ll need to install one of these devices in your car. Depending on the strength of the prosecution’s case, your attorney may be able to get your charges reduced through a plea deal for a reckless driving charge, which typically doesn’t result in a suspended license. This will save you the expense and the inconvenience of having an ignition interlock device installed and then calibrated every month.

Queens DUI Lawyers

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