Friday, December 24, 2010

DUI Defense Attorney


The costs of a DUI defense attorney are subject to several considerations, including most notably the geographic area of the attorney’s practice, the relative “power” or “reputation” of the attorney, and the billing structure employed by an attorney in a given DUI defense case. Therefore, depending on your location, the specific attorney you select, and the type of billing agreement arranged with the attorney, the costs of a DUI defense case will vary greatly from case to case. The costs of DUI attorney are generally reflected in the following:
  • The hourly rates of a DUI attorney typically run from $100 to $300 per hour, with DUI cases involving first time offenders wishing to make a quick plea agreement often costing around $500 to more than $2,000, depending on the attorney.
  • Costs of cases going to trial can range dramatically, anywhere from $2,000 to $25,000 or more. Depending on the defendant’s intentions, arranging a tier based payment or paying a flat fee for the entire case may be more cost-effective, if the case will proceed to trial.
  • The costs of legal counsel, in a comprehensive defense, will also need to account for testimony from expert witnesses (used in contesting evidence, usually BAC samples) and possibly costs of a private investigator employed by an attorney or firm as well.
  • In general, even in light of the costs, DUI cases involving outside legal counsel stand a relatively good chance of dismissal or some form of favorable plea bargain agreement when compared to many other serious misdemeanor offenses.
With these figures in mind, a defendant still needs to understand the costs of conviction of a DUI to determine whether using legal counsel is worth the price tag. The following outlines the costs associated with a conviction for a first time DUI offense (penalties and associated costs will vary from state to state, with repeat offenders incurring significantly higher penalties in virtually all cases).
  • Aside from towing and impound fees for one’s personal vehicle, the courts may require an offender to provide a pre-determined amount of money in the form of bail, which can range from nothing (released on own recognizance) to more than $2,500 for a first time offender
  • Insurance costs upon arrest, as well as following conviction, will increase dramatically and will stay this way for years to come. Policies vary, but the typical costs incurred from insurance premiums increases alone typically top $5,000 over the course of three (3) years
  • A limited number of states also require payment of risk assessment surcharges annually, which often mirror the costs of the insurance increases and do occur annually in certain states
  • Upon conviction, costs and fines related to a given case will include a growing list of fees, fines, surcharges, penalties, and mandatory contributions, which can range anywhere from $250 to over $1,500 in certain states, for first offenders only
  • Sentencing conditions for first time offenders often involve intensive (and expensive) probation periods, incurring a rolling number of costs each month related to probation, including probation meetings, urinalysis, attendance at DUI school, attendance at alcohol counseling, and others. These costs widely vary from state to state, but can ultimately cost an offender anywhere from $1,000 to well over $7,500
  • License reinstatement (once available) will also be a costly process, subject to state-by-state laws. Typically, costs associated with this process after first offense DUI convictions range from $100 to over $300, depending on the state
  • There are also non-pecuniary costs associated with conviction as well; for example, many forms of employment require a valid driver’s license, while other forms of employment require good standing within the community (typically professionals, such lawyers, doctors, but also, public workers as well). Job loss is always a potential concern in even a first offense DUI case
  • Legal liability in any ensuing civil claims, if a DUI charge stems from involvement in an auto accident involving bodily injury or property damage

Getting Legal Help with DUI Defense Costs

Ultimately, most offenders, when armed with sufficient information about their pending criminal case, will seek out the counsel and representation of a DUI lawyer. While first offense DUI cases are typically low misdemeanors in any state, the reality is that the long-term costs and losses associated with conviction are far greater than the one-time costs associated with utilizing legal counsel.

California DUI Defense: Criminal Case Options

A California DUI defense attorney can help you with your criminal and DMV cases. You will first be arraigned after your DUI arrest and given the opportunity to speak with an attorney. It is in your best interest to do so at the outset of your case. Hiring an attorney who can walk you through the complicated legal system can be your saving grace at this difficult time in your life. The DMV hearing happens within two weeks of your case being established, so you will need to act fast to attempt to retain your driving privileges.

Lines of Defense in Your California DUI Case

There are many DUI cases that are the result of mistake or improper police procedures. An experienced attorney can go over the facts of your case to see if any impropriety in the process can help you defend yourself in court. Some of the defenses that have been successfully used to defend California DUI cases include:
  • Failure to establish that the driver was in control or actually driving. It is up to the prosecutor to establish facts to prove guilt. If there is no witness to establish that you were driving, then it is difficult to prove a DUI occurred.
  • Lack of reasonable suspicion. If the police did not have adequate reason to pull you over in the first place, an attorney may be able to suppress evidence that was gathered after the stop. Essentially, when this defense is successful, the case is usually dismissed for lack of evidence. 
  • Systematic stops were not properly administered. While police are allowed to establish DUI checkpoints for public safety reasons, they must do so in a systematic way. They also have publishing requirements. If they are not following the procedural laws in administering a checkpoint, this could be used as a defense to bar illegally obtained evidence in your DUI case.
An attorney will be in the best position to help you decide which defense would be best in your DUI case.

Hiring an Attorney

An experienced California DUI defense attorney can help you to get the best possible outcome in your case. While you may be apprehensive to retain an attorney, there is no reason not to hire an attorney when your future is at stake. You may be surprised by the outcome an attorney can get you as opposed to what you can do on your own in court.

Tuesday, November 30, 2010

School Law

The term "school law" refers to laws and regulations that govern federal and state education, including the administration and operation of educational institutions, school athletics, instruction methods, programs, and materials. Additionally, legal matters relating to school faculty and staff, students, school discipline, special education, and discrimination are all part of school law.

DUI / DWI - Drunk driving

DUI / DWI - Drunk driving is known as driving under the influence (DUI) is some states and driving while impaired or intoxicated (DWI) in other states. DUI/DWI refers to operating a vehicle or being in actual physical control of a vehicle while one's blood alcohol content (BAC) is above the legal limit set by state law. This is considered the level at which the driver’s mental faculties are impaired. State statutes vary as to what that level is, but it ranges from .08 to .10. This charge is a criminal offense in all the U.S. states and most countries. A combination of the use of alcohol and any chemical or controlled substance can also result in a DUI/DWI charge.

DUI / DWI laws

All 50 states and the District of Columbia have per se laws defining it as a crime to drive with a blood alcohol concentration (BAC) at or above a proscribed level, currently 0.08 percent (0.08 g alcohol per 100 ml blood).
License suspension or revocation traditionally follows conviction for alcohol-impaired driving.  Under a procedure called administrative license suspension, licenses are taken before conviction when a driver fails or refuses to take a chemical test.  Because administrative license suspension laws are independent of criminal procedures and are invoked right after arrest, they've been found to be more effective than traditional post-conviction sanctions.  Administrative license suspension laws are in place in 41 states and the District of Columbia.
More than half of all U.S. states require DUI offenders to install ignition interlocks on their vehicles in order to drive during a license suspension and/or require interlocks for specified time periods before fully relicensing offenders. These interlock devices analyze a driver’s breath and disable the ignition if the driver has been drinking. In 13 states (Alaska, Arizona, Arkansas, Colorado, Hawaii, Illinois, Louisiana, Nebraska, New Mexico, New York, Oregon, Utah, and Washington), such a restriction is applied to all offenders, including first time offenders. California applies a similar restriction to all offenders, but only in 4 counties. An additional 9 states apply the restriction to all offenders with high BACs (usually 0.15 percent or higher) and to repeat offenders, and 6 states apply the restriction only to repeat offenders.
Laws in the remaining states do not require interlocks at all, though courts or DMVs in 18 states and the District of Columbia have the discretion to apply interlock requirements. Only 3 states (Alabama, South Dakota, and Vermont) have no interlock laws.

DUI-DWI Definitions

Absorption Rate: The rate at which consumed alcohol finds its way into the blood stream. While alcohol sits in the stomach, its absorption is delayed. Absorption rate will be affected by how much was eaten, individual biologic differences, and what type of beverage was consumed. When drinking continues over a course of hours, both absorption and “burnoff” (metabolizing of alcohol) will be happening simultaneously.

Administrative License Suspension: A law that allows the prompt suspension of the license of drivers charged with Driving While Intoxicated (DWI) when a driver has a BAC above the prescribed limit, or sometimes if a driver refuses to take a roadside blood or breath test. Thus the license may be suspended before adjudication of the DWI charge.

BAC: Short for “blood alcohol concentration.” BAC refers to the amount of alcohol in your bloodstream and is measured in percentages. BAC can be measured either by breath, blood or urine testing and is often used by law enforcement to determine whether or not a motorist is “legally drunk.” All 50 states have adopted BAC laws that make it illegal to drive with a BAC at or above a set amount. As of May of 2007, all 50 states have adopted 0.08% as the BAC limit.

California DUI / DWI / Drunk Driving Law

A California DUI / DWI charge can turn an accused drunk driver’s life upside-down. The accused driver is suddenly required to understand the California criminal court system and act quickly to protect his or her CA driver’s license. A skilled California criminal defense attorney who focuses on driving under the influence (DUI / DWI) cases can navigate the system for their CA DUI / DWI client to ensure that his or her rights are protected.
 California DUI / DWI arrests trigger two separate cases: In court, and at the Department of Motor Vehicles (DMV). Although both cases are extremely serious, the DMV case is far more time-sensitive. Motorists accused of drunk driving in California have only 10 days from the date of their DUI / DWI arrest to request a hearing with the DMV. Anyone arrested for DUI or DWI in California who doesn’t request a hearing within 10 days will have his or her driver's license suspended automatically on the 30th day following their drunk driving arrest.
The criminal case filed against California DUI / DWI defendants consists of two different statutes: California Vehicle Code Section 23152 (a), and Vehicle Code Section 23152 (b). The first count focuses on whether the driver was under the influence of alcohol or drugs to the extent that they are "unable to drive their car with the same caution characteristic of a sober person, of ordinary prudence, under the same or similar circumstances." This is the legal standard for being considered under the influence of alcohol or "DUI" in California courts.
The second count, known as the “per se” charge, concentrates on whether the driver’s blood alcohol content (BAC) was .08 percent or greater. Whether the motorist seemed to be driving perfectly before the traffic stop or performed field sobriety tests with textbook precision doesn’t matter with this count. It is a charge that is based purely on body chemistry.
Any punishment or penalties assigned by the court in a California DUI / drunk driving case is separate from the repercussions possible at the DMV. The California DMV will suspend the driver's license for a minimum of four (4) months for a first-offense (1st) DUI / DWI arrest if the driver loses the hearing. The DMV will suspend the driver’s license for one year for a second offense (2nd) and two years for a third offense (3rd). These are the repercussions faced by California drivers who submit to a chemical test of their blood or breath. In the case of a refusal, the DMV punishment is increased: a first-offense (1st) will trigger a one-year suspension with no opportunity for a restricted license. A second offense (2nd) with refusal will result in a two-year suspension, and a third offense (3rd) will cause a three-year suspension.

Drunk Driving/DUI Laws

Free Online Drunk Driving Case Evaluation
Questions and AnswersFree Questions and Answers Forum

Uniformed officers are shining lights in your face, asking you to complete confusing tests and handcuffing you. You’re being arrested for a DUI. You have no idea where to turn for help, but when the police read you your Miranda Rights, you suddenly remember that you have a right to an attorney. But how do you find one in your state? Simple: drunkdrivinglaws.org.

At drunkdrivinglaws.org, we’re simplifying the process of finding a qualified DUI attorney right in your state to represent you. No more thumbing through the yellow pages – everything you need to know is right here. But why should you hire a DUI lawyer? Isn’t that expensive? The real answer is that you can’t afford not to!

Reasons to Hire a DUI LawyerEvery state now has strict DUI penalties in place to prevent people from drinking and driving. How does jail time, probation, community service or vehicle impoundment sound? What about losing your job or facing fines and court fees in excess of $5,000? Even for a first DUI conviction, you could lose your driver’s license, have insurance coverage problems, have an ignition interlock device installed in your car or be assigned to take alcohol education classes at your expense. Did you know a DUI conviction can also mean restricted interstate and international travel? What if you could avoid all or most of these penalties? This is why you need to find an experienced DUI lawyer!

DUI laws are complicated, state-specific and ever-changing. Only a skilled DUI lawyer in your state will know the best ways to defend the charges against you. Luckily, every state has experienced lawyers who specialize in this complicated field of law. Find one right here at drunkdrivinglaws.org!

What You Need to Know about Driving Under the InfluenceIn every state, it is illegal to drive a motor vehicle with a blood alcohol content (BAC) of .08% or more. Your BAC can be determined through chemical testing from your blood, breath or urine. Every state also has an Implied Consent Law, which means that if you have a driver’s license, you’ve impliedly consented to submitting to a chemical test if properly asked by police. If you refuse a chemical test, you could face harsher consequences. Your DUI lawyer will explain and also investigate if your chemical tests were conducted properly. If not, your test results may not hold up in court.

Ready to hire a lawyer?
Submit your case online to schedule a no cost, no obligation case evaluation with an experienced DUI/DWI lawyer in your area.

State
"Per Se" BAC Level
"Zero Tolerance" BAC Level
"Enhanced Penalty" BAC Level
"Implied Consent" Law
AL
.08
.02
-
Yes
AK
.08
.00
-
Yes
AZ
.08
.00
.15
Yes
AR
.08
.02
.18
Yes
CA
.08
.01
.20
Yes
CO
.08
.02
.20
Yes
CT
.08
.02
.16
Yes
DE
.08
.02
.20
Yes
DC
.08
.00
-
Yes
FL
.08
.02
.20
Yes
GA
.08
.02
.15
Yes
HI
.08
.02
-
Yes
ID
.08
.02
.20
Yes
IL
.08
.00
.20
Yes
IN
.08
.02
.15
Yes
IA
.08
.02
.15
Yes
KS
.08
.02
.15
Yes
KY
.08
.02
.18
Yes
LA
.08
.02
.15
Yes
ME
.08
.00
.15
Yes
MD
.08
.00
-
Yes
MA
.08
.02
-
Yes
MI
.08
.02
-
Yes
MN
.08
.00
.20
Yes
MS
.08
.02
-
Yes
MO
.08
.02
-
Yes
MT
.08
.02
-
Yes
NE
.08
.02
-
Yes
NV
.08
.02
.18
Yes
NH
.08
.02
.16
Yes
NJ
.08
.01
-
Yes
NM
.08
.02
.16
Yes
NY
.08
.02
-
Yes
NC
.08
.00
.16
Yes
ND
.08
.02
-
Yes
OH
.08
.02
.17
Yes
OK
.08
.00
.15
Yes
OR
.08
.00
-
Yes
PA
.08
.02
.16
Yes
RI
.08
.02
.15
Yes
SC
.08
.02
-
Yes
SD
.08
.02
.17
Yes
TN
.08
.02
.20
Yes
TX
.08
.00
-
Yes
UT
.08
.00
.16
Yes
VT
.08
.02
-
Yes
VA
.08
.02
.20
Yes
WA
.08
.02
.15
Yes
WV
.08
.02
-
Yes
WI
.08
.02
.20
Yes
WY
.08
.02
-
Yes


 
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