DUI Records & You: What Happens After Your DUI Arrest
February 19, 2010 | Leave a Comment
Many times people aren’t aware that getting charged with a DUI will change your record. This can have many unfortunate consequences. In addition, the DUI will stay on your record for a number of years. It’s a good idea to speak with a DUI attorney about your situation and get some help resolving your DUI issue.
After an arrest for a DUI, a record is registered in two spots. One is the departement of motor vehicles database and the other is a criminal database.
When you are charged with additional offenses during your DUI arrest, these will also go on your DUI record. In a situation where an officer requests that you take a breathalyzer test and you decline, this is not only illegal, but will also be added to your record.
Once the DUI record is registered in the databases mentioned above, they can be accessed by various organizations. For instance employers, insurance companies, and schools all can access the record. This can have very undesirable consequences as you can imagine.
What can be done to change this?
One of the first things you can do is contact a DUI attorney to guide you through the process. There are ways you can reduce the impact of your charges. A qualified lawyer can assist you in reducing your charges. Sometimes, with the help of a good lawyer, you can even get the charges dropped.
If you delay too long in speaking with an attorney about your DUI issue, you can miss taking advantage of all your rights. For example, the California DMV offer you the opportunity for a hearing within 10 days after notice of suspension or revocation. If you don’t request a hearing in time, your opportunity will be gone.
Hiring a qualified San Jose defense attorney can help you expunge your DUI record. This means that the DUI record will be removed from your profile. This process can only take place by the way of a court order after an individual in given a petition in court. It is not a guarantee that your record will be expunged, however with the assistance of an attorney you will have a much better shot.
Getting charged with a DUI can be a stressful and difficult experience. When you are arrested or under investigation for a DUI, you need an experienced San Jose defense attorney on your side. Speak with criminal lawyers San Jose regarding your arrest.
Five Myths Concerning DWI in San Antonio
February 8, 2010 | Leave a Comment
There are many frequent misconceptions concerning DWI’s. Listed below are five of the most common:
1. Sucking on pennies or nickels will help you pass a breathalyzer test. This is an old wives tale that simply isn’t true. Sucking on coins has no effect on your breathalyzer test. Don’t be fooled by this one.
2. A breathalyzer tests the concentration of alcohol found in your blood. This is a bit misleading. What a breathalyzer is testing is an approximation of the alcohol found in your breath, not in your blood. Obviously the only way to analyze the amount of alcohol in your blood is through a blood test.
3. Getting my face wet with cold water or drinking a coffee will lessen the effects of the alcohol. Actually, caffeine and cold water will not have any effect outside of making you awake and wet. It takes time for the effects of alcohol to wear off, and time is the only thing that can sober you up.
4. Breath tests are 100% accurate. The truth is that there are outside variables that can effect the accuracy of the test. It is not 100% accurate. For instance, a person that is diabetic and Hypoglycemic or someone who eats fruit shortly before a breath test can effect the outcome and results of the test.
5. Any attorney can defend a DWI offense. Getting charged with a DWI is a very serious offense. It is important that you seek the guidance of an attorney that has had experience with handling DWI’s. The consequences for a DUI can include a suspended license, increased insurance rates, probation, community service, even jail time. It is important that you take the charge seriously and speak with a DWI attorney that can help you.
If you are up against criminal charges for a DWI, you are trying to figure out what to do. Instead of guessing about what course of action you should take, consult with DWI attorney San Antonio about what to do. Talking with a DWI lawyer San Antonio can help bring resolution to your issue.
Why You Need To Hire A DUI Attorney
November 21, 2009 | Leave a Comment
Being charged with a DUI is a serious matter. You need to read this article to find out what you need to do to protect your rights. If you are thinking about appearing pro se, you need to reconsider your decision. Instead, you need to seriously consider hiring a DUI attorney to represent you. He will have the specialized knowledge to negotiate a deal for you or properly represent you at trial.
Sure, a DUI attorney costs more, but you are also getting more expertise and competence in this area; and, he will expect to be paid for his efforts. So, take some time and read this short guide to selecting a DUI attorney. You might just save yourself a lot of time and money.
Even though the first offense is usually a misdemeanor, DUI (or DWI) has become a serious offense. The media pays attention to drunk driving cases and has cause the public to become less tolerant of this type of criminal activity. Juries are more likely to severely punish, even a first time offender. Now, I do not know whether or not you are guilty or innocent.
But, if you are guilty, then representing yourself might be the second biggest mistake you make. Going to court by yourself is the equivalent of legal “suicide” and will cost you lots of time money. Worse, you could lose your job and your freedom. Even if you do get probation, the fines and fees will cripple you financially. Do you understand now why I advise getting a DWI attorney?
Just because an attorney practices criminal law, does not mean he is qualified to handle DUI cases. DUI defense is a specialized practice; and, you cannot afford to trust your well being to just any attorney. So, when you find an attorney for a DUI defense, try to find one that is board certified if your state bas association has such a specialization.
If not, try to determine if your prospective lawyer is familiar with those issues that are peculiar to DUI defense. Some of these issues include the use of an intoxilyzer, diabetes and hypoglycemia, horizontal gaze and nystagmus, and other such tests. You will pay more for a DUI attorney with this sort of specialized knowledge, but are you really in a position to mount a defense “on the cheap?”
A DWI lawyer is going to charge more than a regular criminal attorney. DUI lawyers have specialized knowledge that commands a higher fee. You need to be sure to discuss the matter of attorney’s fees early in the conversation. You will likely pay your attorney in one of two ways. You will be charged a flat fee that will be due in full by the date of trial. Or, you will be charged an hourly rate for the lawyer’s time.
You will likely be required to post a down payment (called a “retainer”) in advance of the lawyer agreeing to take your case. You will need to pay the attorney in full by the date of trial. If your DWI lawyer charges a flat fee, you will be required to pay it regardless of the outcome at trial.
The typical DUI defendant is not aware of the complexities of DUI litigation. This is no time to decide to “do it yourself.” Instead, it is time to get serious about your freedom and find an attorney that specializes in DUI defense.
It will cost you a little more money. But, when you are faced with DWI charges, it is not the time to be cheap.
For more information on how to find a dui attorney, then click here.