DUI Tips & Advice
DUI Charges and Trials
What Are Enhancements? If you are charged with driving under the influence, or driving while intoxicated, you may hear your DWI attorney talk about enhancements to your charges. An enhancement is any aggravating circumstance that can be used to heap more penalties on you if your DUI defense fails and you are found guilty. |
What Can I Expect From a Jury DUI Trial? Depending on the laws of your state, a DUI trial can resemble a good many other kinds of jury trials. Once you have secured the services of a DUI attorney, or other legal expert in the state where you reside, you can get specific advice on what the procedures may be for your state. In general, your DUI lawyer will take part in jury selection, make opening statements, and ask may questions of the arresting officer. Evidence will be called, and your DUI defense may well depend on contesting that evidence and demonstrating that it was either inaccurate, poorly handled or administered in the case of breath tests or other sobriety checks. |
More Questions to Ask Your Attorney Going in to a DUI trial, you need all the expertise and legal experience you can get. Your lawyer should want to fight tooth and nail to have you cleared. Your DUI defense depends greatly on how tough-minded the lawyer is. That said, your DWI attorney should be realistic with you about your chances with a "not guilty" plea. Your drunk driving defense depends on having a reasonable expectation of success. |
DUI Convictions and the Washout Period Many states have something called a "washout period" for people convicted at a DUI trial. The period varies from state to state, but the washout period is basically the length of time when another drunk driving offense is considered a second or third offense. After this time is up, the original conviction "drops off" and any new DUI incidents are treated as a first offense. |
The Hidden Penalty One of the "hidden" penalties of a DUI trial, a felony charge, and the need for a good drunk driving defense is elevated insurance premiums or canceled policies as a result of a DUI trial, felony charge, or DUI conviction. |
An Alarming Trend? Some DUI lawyers report an alarming trend of overzealous charges filed against people accused of driving under the influence of alcohol. In some cases, this type of "over-filing" is used to bring felony charges where none are warranted, up to and including murder charges in cases that clearly warrant manslaughter charges instead. |
Why Does My Lawyer Want Me To Plead Guilty? Many DUI lawyers, upon reviewing the facts of a particular felony charge, will advise a client to forgo a "not guilty" plea. You may be angered when you first hear this advice, but try to keep an open mind. Your drunk driving defense may not stand up in court, or the DUI lawyer has seen the outcome of your particular DUI defense, and knows a better way to go. |
What to Tell Your Lawyer When you decide on a lawyer, there is one major factor that can help you avoid a felony conviction for DUI. A DUI lawyer can't assemble an adequate California DUI defense (or any state, for that matter) without absolute honesty from the client. Never hold back information, mislead, or distort the facts in your case. |
Finding a DUI Lawyer It seems like common sense, but when you need the services of a DUI lawyer, or any other state-certified legal expert, there are a few things to keep in mind when preparing for a DUI trial. |
What is a Felony DUI? Many states will elevate a drunk driving case to a felony charge if the driver has a prior offense on the books. A felony DUI conviction can be the result. A felony DUI charge can also come if there is sufficient property damage, injury, or death as a result of the incident. |
Drunk Driving in Maine - OUI In the state of Maine, a drunk driving case is referred to as OUI (Operating Under the Influence). Operating under the influence is a serious crime in the State of Maine. In Maine, an OUI arrest can result in two separate charges: |
DUI Tests Unfair to Women? Scientific studies on DUI and women have concluded that breathalyzer tests may be harder on women than men. Studies show women registering as being above the legal limit of .08 on a breath test even when the actual blood alcohol levels were well within the legal range. Even though no drunk driving occurs, the breath test says "guilty!" While it may seem an unfair part of life, women should be particularly careful with regards to driving under the influence in light of these scientific studies. Don't be unfairly charged. If you are pulled over as part of a DUI sweep, request a blood test rather than risk being inaccurately measured because of your gender. |
DUI Tests and Birth Control Women and DUI breath tests are being called an unfair combination, according to some DUI lawyers. Some legal experts point to studies that indicate oral contraceptives can give false positives for .08 or higher blood alcohol content. |
Driving While Intoxicated The definition of DWI or DUI is not limited to alcohol and illegal drugs. Any substance that can affect your judgment falls under the law. |
The Felony DUI A felony DUI charge comes in several ways. A fourth DUI charge is automatically a felony. If excessive speed and very high blood alcohol content were involved, you may find the drunk driving case being charged as a felony, and the same goes of there was personal injury or property damage as a result of the DUI. |