DUI Help and Advice

Making the DUI process easier

Ignition interlock device

How To Getting Your License Back After DUI

After being charged or convicted of a DWI or DUI, many drivers lose their license privileges. Like the length of the suspension period, the procedure to follow to regain a license depends on the jurisdiction where the alleged offense occurred.

It’s important that drivers find out the laws in their state before attempting to regain a license; the type of suspension drivers receive may prevent them from getting their license back as normal. For instance, the automatic administrative suspensions given to drivers who violate the implied consent laws in their states by refusing to provide Breathalyzer samples are usually irrevocable, and drivers simply have to wait the full suspension period before trying to appeal

License reinstatement isn’t automatic; even after verifying that they’re eligible and serving their sentences, previously convicted drivers usually need to request a hearing. The purpose of this court procedure is primarily to confirm that the motorist in question fulfilled the other stipulations of their sentence, such as installing a vehicle ignition interlock device or finishing an alcohol abuse program. Such requirements vary by state and the severity of the offense.

Drivers who haven’t yet been convicted may earn license reinstatement by requesting a formal DMV hearing; this hearing could also potentially prevent the DMV from automatically revoking a license. Although this procedure is different from the criminal hearing, many motorists seek legal counsel so that they can decide how best to present their argument to the hearing officer.

Those who want to obtain restricted licenses should note that in some states, this matter must be addressed separately from the DMV hearing. For instance, Californian motorists have to apply to normal DMV offices to get licenses that let them go to and from their places of employment. Motorists who receive administrative suspensions in states like Georgia may not be eligible for restricted licenses at all. To learn more about pursuing a license reinstatement, obtaining a restricted license or fighting a suspension at a formal hearing, contact a lawyer.

Facts Regarding Texas DWI Cases

Loss of work, the jail period, fines, court costs; losing driving privileges are some of the costly matters that come with any DWI Convictions in Texas. However, getting some help from an experienced attorney in Texas can be an excellent idea towards minimizing the DWI penalties or acquiring a ruling in your favor. DWI lawyers understand the devastation drunk driving can cause to various victims as well as to their families.

The advantage of being represented by some competent professional counsel is that the DWI experts understand the ways to navigate through the entire legal systems seeking a better ruling in your favor. For a first time offender, this kind of a choice could be a huge step in their lifetime. Hence the DUI lawyer should work with the client from the moment of the arrest to the final trial to ensure that they get the anticipated possible outcome.

Facts regarding DWI cases

DWAI, DWI or DUI, no matter how you call it in your state, they all fall under the same category of drunk driving. It is clear that driving under any intoxicant or alcohol influence is an illegal act and it is dangerous too. Every state uses the drivers BAC to determine whether a driver is driving under any influence.

If a traffic officer pulls you over for any particular reasons, be it busted tail light, swerving, or even over speeding, he or she may have good reasons to suspect that you may be driving under the influence of alcohol or your are intoxicated. The police officer then issues a test to define whether you are under any influence. That could be done by the use of a breathalyzer or even urine and blood tests. You may refuse to take the tests, but that would bring more set of problems that the ones you could have after testing.

The DWI Penalties

Some specific driving charges mostly depend on the law of your state. However, you may find most of the following combinations in most states.

• Serious cash penalties. This could refer to a large amount of cash not mentioning the attorney fees, court costs and any other out-of-pocket cost that may be required in the course of your case.

• The revocation or suspension of driving license. That depends on the state laws as well as the offense number.

• A combination of jail time and community service or either of the two.

• Drug abuse treatment or evaluation process.

• Getting some restrictions on your driving privileges, that may include an installation of ignition interlock device in your car.

The above elements are considered the most common penalties which one may face whenever they are found guilty of driving under any influence. Fortunately, the DUI attorneys in Texas can assist you in minimizing such charges or prove that you are falsely accused of such a case.

Why Hire a DUI lawyer

One should be able to hire a good Dui attorney because they will help in many ways and ensure that all your rights are protected during any trial. The attorney also seeks to assist you in every legal matter and advise you on the most complicated DUI legal issues that you may find difficult to handle. The following are some of the benefits of hiring a good lawyer for your case in Texas.

The attorney is an expert in defending the client

Dui attorneys undergo some extensive training regarding the law, and they understand each component related to the law and the court procedures. The primary focus of a competent attorney is to build a firm and vigorous case in defense of the client. They table the right facts and evidence to ensure that there is a fair ruling the favor of every client they represent.

They comprehensively understand the DWI law

Fighting in a war in which you know everything about the battlefield is the first step towards success. Deciding to defend yourself could lead you to very tricky scenarios which could result in losing your case. The attorney also knows the various judges, prosecutors and other DUIwise System experts who can assist you to win in any trial you may have.

The can design a stronger and unique strategy

Each DUI case comes with different requirement. Therefore it is important to work with an expert who can create the best approaches to handle any situation you may have. The lawyers can evaluate the accident event and any existing circumstance and seek to design the most appropriate strategy to fit your case.

The attorney can also mitigate risks through providing the best and immediate action possible

Waiting has substantial adverse effects on any DWI case. If you take an extended period in pursuing your case, the prosecutors get time to build strength on it and try to get all the relevant information to win the case. The legal representative assists you in taking prompt action and ensuring that the mitigation risks are minimized.

It is also important to learn more on how to hire the right attorney for your case. This is because Texas has many law firms which can offer you such services. However, you must consider some element to be able to hire the most appropriate attorney for your case.

Tips for hiring the right DUI attorney

• Look for experienced attorneys

Seeking attorneys who specialize in DUI law is very crucial. Besides, you do not want to hire an expert who has knowledge about civil cases and cannot handle DUI cases.

• Understand the records of the attorneys

The last thing you may wish to see is to have the record of your attorney called into question during your case. You can learn about the professional reputation on DUIwise.com.

• Consider location

The lawyers, judges, and prosecutors know each other by names and reputation especially if they work in the same workplace or county. They also understand how to handle the cases and negotiate towards a fair judgment. Hiring a lawyer in your location is this very significant.

The other common things you need to look at when hiring a DUI attorney for your case include the fee charges, reputation, as well as their qualification in handling such cases. That gives you confidence that your DWI case is in safe hands and will be handled in the best way possible.

DUIwise South Carolina.

As per the statistics from the Centers for Disease Control (CDC), over four thousand people die due to drunk driving accidents in South Carolina. The statistics are for years between 2003 and 2012. The most vulnerable group are people between the ages of twenty-one and thirty-four. The numbers paint a picture so glum sending shivers down the spine of other road users. About 1.4% of the people in South Carolina report of driving or having driven under the influence.

Such a glaring and startling revelation is a warning to each one to exercise extreme caution while on the roads. Always be on the lookout for any signal of intoxication among other drivers on the road. While you are driving, pay close attention to individuals driving at high speed, making erratic movements or swerving. On seeing such, it is of utmost importance that you call 911 for assistance and keep your distance. Such an action may save someone’s life.

In South Carolina, it is illegal to drive with 0.8% or above Blood Alcohol Concentration. There are lower limits for drivers under twenty-one and heavy commercial vehicle drivers. Sobriety checkpoints are the norm on the road in South Carolina these days. In cases where a driver causes an accident under the influence, the driver is liable under the theory of negligence per se. The driver is guilty of the injuries arising from the crash. The victim doesn’t necessarily have to prove negligence in courts as long as the driver failed the sobriety test.

What to do at a checkpoint

Getting arrested or stopped for drunk driving isn’t a pretty sight. You may be harassed or even manhandled by the police officer in some instances. When stopped by a police officer at a checkpoint, it is prudent that you pull over and stop at a safe side of the road. Always comply with police officers instructions about getting out of the car and giving him your driving license. You are under no obligation to answer any other questions that aren’t related to the issue at hand. Nevertheless, total compliance is of great value in this case. It isn’t mandatory for you to comply with the tests.

The officer will ask you to perform a roadside sobriety test and blew into a handheld breathalyzer machine known as the AlcoSensor. You need to do as requested, a charge sheet is filled and given to you. You can either be accused of drink driving or arrested for the same. In any eventuality, it is advisable you get in touch with an attorney or a public defender will be provided just in case. Getting in touch with a good defense attorney is essential in this case. The attorney will assist you to understand how the law applies to your case. He will advise on action to take, and in some cases, he may be able to negotiate a plea bargain for a lower charge of reckless driving.

Consequences of drunk driving

At DUIwise.com we provide you with facts about drunk driving including outcomes and other helpful information. South Carolina is one of the states with the toughest laws against DWI/DUI. The sentences to each offender vary from DWI Level one to five. The misdemeanor level one indicates a very dangerous offender while level five is a minor offender. Penalties for the offense can either be Administrative or Criminal penalties.

The South Carolina Department of Transportation imposes administrative penalties. Imposing administrative penalties to first-time offenders is the law in South Carolina. In this case, revocation of the driver’s license happens, and this can be a civil suspension at the time or arrest or a criminal suspension after conviction.

A driver who refuses to undergo a breath test at a checkpoint or has a BAC of 0.8% or higher may get an immediate thirty days license revocation. After a judge hears and determines the case, irrespective of the outcome, the driver gets a one-year suspension. Though, in this case, the driver may be given limited driving privileges after a mandatory six month period. On conviction, the driver’s licenses are revoked for one year with limited opportunities available after ten days. He is allowed to drive at certain hours for work purposes. Reinstating of the licenses is only possible when the offender undergoes drug and alcohol test plus treatment.

The courts impose criminal penalties to an offender. The penalties vary from level one to level five. They range from jail time, fines, substance abuse treatment or probation. Jail time varies but is always between 24 hours to 60 days for level five up to two years for a level one offender. Fines, on the other hand, range from $200 to $4,000 also from level five to level one respectively. A judge can grant Probation instead of jail time for offenders of level three to five. The probation may include limited jail time, or community service and participation in an alcohol and drug evaluation program. A judge isn’t allowed to grant probation to level two and one offenders under South Carolina laws.

The DUIwise site shows that driving under the influence will not only land you in jail but also lead to deaths and permanent injuries. These aren’t selective; they affect both the offender and the other road users.

Drunk driving is a dangerous phenomenon and requires the concerted efforts of all parties involved. Some of these strategies can help reduce or prevent DUI accidents: drunk driving laws, sobriety checkpoints, ignition interlocks, multi-component interventions, mass media campaigns, administrative license revocation or suspension laws, alcohol screening and brief interventions and school-based instructional programs. Each of these approaches will require different resources for implementation and have varying levels of impact.

In a nutshell dedicated efforts are leading to a reduction in the rates of drunk driving and alcohol-involved fatal crashes in recent years. Nevertheless, this isn’t the end of the road; this menace needs to come to an end. Though victims get compensated, money isn’t to the life of a person killed by a reckless, negligent and reckless behavior of one another.

DUIwise Minnesota

It is paramount for all drivers to be vigilant in driving more so with regards to drugs and alcohol intake. Driving under Influence (DUI) or Driving with Intoxication (DWI) is inversely proportional to public safety. Once a driver tests positive or above the legal driving limits in the field sobriety test and the blood alcohol tests, you become a guest at the convicted perimeter walls. The aftermath could entrance counts of DUI or DWI, damage of public or own property, and regrettable circumstances surrounding DUI such as accidents, injuries, deaths and so on.

The charges may attract undesirable penalties such as hefty fines, a conviction in prison, involuntarily alcohol education, mandatory compliance with ignition interlock law, community service, probation and restricting or withholding of the driving license by the state. This is disruptive to once personal and career life although very necessary in the assurance of public safety. Since accidents are unforeseen it is important to seek legal counsel of a DWI lawyer or Criminal attorney should something of this nature happen.

The company is changing the Americans’ approach to charges of drunk driving or driving with intoxication. Their team of DWI lawyer helps one with the charges navigate them possibly evading them or lowering the court determination. They can table a legal defense on behalf of their client, advise them on their response and offer legal assistance. If the arrest was not right or some evidence lack material facts in solidifying the case, an attorney could argue in favor of their client.

The lawsuits could be loathsome and extremely stressful considering the weight the authorities put on DWI or DUI offenders. Nonetheless, the process is now easier to go through; linking you up with a lawyer who will work tirelessly hand in hand with you until you beat the charges. If you have ever had these charges levied against you or someone close to you, your crystal clear understand the relief DUIwise has brought.

First, forward cases of drunk driving or driving while intoxicated, are diverse and unique, with different charges altogether hence call for the distinct approach. They could range from little-drunk driving to also include unfortunate happenings following drunk driving. There have been many cases brought forth as DUIwise.com by law offender in North Carolina seeking counsel pending their charges.

The Indiana Police pulled over Indianapolis Colts proprietor, Jim Irsay for alleged driving under the influence. This was after observing his movements on traffic; random stopping, sluggish driving, and failure to follow turn signals. Irsay failed the field sobriety tests administered to him by the officer which made them determine he was driving under the influence of alcohol. He also faces four other charges of possession of illicit substances in his car. Legally each of these counts attracts a time in prison of between six months and three years.

The National Football League responded to the case and prompted some disciplinary charges on Irsay’s conduct. Nevertheless, Irsay’s defense attorney took the police on a rocky road trying to justify claims of his clients’ drunken driving, the validity of the field sobriety test and what criteria is used to differentiate an illicit narcotic substance from one that is not. Successfully, the attorney was able to free Jim Irsay from the Hamilton County Jail sentence but not without a bond penalty of $22,500.

Another bizarre scenario on the DUIwise blog post is of Kalamazoo, 21 years based in Michigan on the West Michigan Avenue. The man drove into Western Michigan University allegedly under the influence. Reportedly, the man flew from the scene of the crime in an unsteady motion and numbed to notice the presence of injuries on his body. Hours later the police caught up with him. In addition to drunken driving charges, he also was driving with a suspended license, left the scene and damage to public safety. In the latter case, drugs were found while apparently in this instance there is damage to property. Additionally, power lines were thwarted for more than an hour at the West Michigan Avenue. This shows the uniqueness of each case although the basis is either DWI or DUI.

Kalamazoo’s attorney could reduce the penalties to his client by proving loopholes in the toxicology test or the whole process if any. Some inherent medical conditions and prescribed medications could result in a bad performance. Although law enforcement is at stake in this case primarily, justifiable concerns can be raised to try beating the charges.

An Intoxicated, high school teacher was arrested by the Florida police on her way to report on duty. The car she was driving in was being carelessly driven; meandering on the Imperial Highway. The women objected to the allegations of being intoxicated although all pointers were irrevocable. She had glassy eyes, staggering and responses during interrogation were questionable. This prompted the police to conduct Breathalyzer test with results being 253% and 273% after repetition. This by far and large is beyond the accepted legal limit. This is punishable even in the absence of accidents or injuries.

A counter-argument to her case, a council, would seek charges on the matter reduced by questioning the validity, standardization, and reliability of the sobriety tests. This is subject to possible alteration of one’s body due to a medical condition, which makes results not entirely dependable.

These are not the only case reported and of drivers seeking legal assistance. Unfortunate events have been happening, and they take different forms and nature. Although, drinking under the influence and driving while intoxicated charges can convict one. Additional charges only add up the penalty burden as will be determined by the court. Vehicular homicide, used of expired or restricted license, careless operation of a vehicle, destruction the property, possession of illegal drugs and death, negatively spices the case.

Pleas from the defense may prove futile while some may be accepted and minimize the impact of the charges. An attorney depends largely on the police initial reports versus the defendant’s narration of events to build up the defense. There is just too much stake in DWI or DUI, but at the site all the agony can be dropped.

Can You Get a Passport With a DUI?

People who are convicted of drunk driving offenses typically face a variety of restrictions. Even for a first offense, offenders’ driving privileges are generally affected for at least 90 days. Considering that a driver’s license can be suspended, revoked or restricted, it’s natural to assume that a DUI or DWI conviction can affect a person’s ability to obtain a passport. However, that is not the case.

As a general rule, a person’s ability to obtain a passport is not affected by a DUI or DWI conviction. In other words, passport privileges are not automatically revoked upon being convicted of such an offense, even if it’s a felony. Still, it is technically possible to lose the right to obtain a passport following a DUI or DWI conviction. Such a restriction may be imposed by court order or due to the terms of parole or probation. Also, if the court deems a person to be a flight risk while he or she is under federal arrest or facing a felony-related subpoena, his or her passport privileges may also be revoked.

While people who are convicted of DWIs and DUIs are usually still able to obtain U.S. passports, they may face restrictions when traveling to other countries. Canada is the most notable example. Technically, Canada reserves the right to deny entry to foreign visitors who have criminal records of any kind. That applies to misdemeanors and felonies alike. Therefore, even with a valid passport, someone who has been convicted of a misdemeanor or felony drunk driving offense can still be denied entry into Canada. Those who absolutely must travel to Canada can sidestep the issue by obtaining either a Temporary Residential Permit or by applying for criminal rehabilitation.

Although a DUI or DWI conviction shouldn’t affect a person’s ability to obtain a passport, it is still wise to consult with an experienced lawyer before applying. A lawyer could also help ensure that entry into other countries, including Canada, will be possible. If you’ve been convicted of DUI or DWI and need a passport or want to travel to a foreign country, contact an experienced lawyer.