Florida DUI Attorney - Questions To Ask - DUIFla.com

DUIFla.com - Florida DUI Attorney WF Casey Ebsary Jr Criminal Trial Lawyer outlines questions to ask when charged with a DUI. Video Courtesy of http



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Remaining Silent When Pulled Over - The Fifth Amendment

As someone who drinks and drives, you have to be aware that as the amount of car accidents and fatalities due to drinking and driving increases, so will your chances of being pulled over by the police. Police officers are cracking down on drinking and driving and will use any lawful justification to pull you over in order to probe further whether you are driving while impaired. For those of you who are over the age of 21 years, this includes operating while intoxicated or driving under the influence, which is a criminal violation for driving while having a blood alcohol level above the state-mandated level. In Michigan, for example, this is 0.08. For those of you under the age of 21 years, you face the zero tolerance laws of your state, meaning it is a criminal violation for you to drive with a much smaller amount of alcohol in your blood.

Now when most people are pulled over, their first tendency is to cooperate as much as possible with the police officer. This is good, very good! Every DUI lawyer will advise you to be polite and cooperate with the officer, such as by tendering your driver's license, registration and proof of insurance. However, the second tendency for those pulled over is to convince the officer that they should not be arrested, or convince the officer they are not impaired over the legal limit. Good DUI attorneys will tell you that this is absolutely the worst thing you can try to do because of the evidence you will end up giving the police officer. They love asking questions such as, "Where have you been tonight?", "How many drinks have you had?", "Where are you coming from?" A good DUI lawyer will always advise you NOT to answer these questions, but rather let the police officer know that you are happy to cooperate with him or her, but that you wish to maintain your right to remain silent and not self-incriminate yourself as governed by the Fifth Amendment.

Police officers ask those kinds of questions in effort build their case against you. They want you to incriminate yourself and justify why they should arrest you for drinking and driving. Police officers do not care where you came from or where you are going. They just want to see if your speech is slurred or whether you will admit to having had "3 or 4 beers" that night, because this is evidence that can be used against you at trial.

Under the Fifth Amendment to the United States Constitution, "No person ... shall be compelled in any criminal case to be a witness against himself." You have the constitutional right to tell the officer that you do not wish to answer any questions as an exercise of your Fifth Amendment right to not self-incriminate.

If you are arrested for operating while intoxicated or another DUI-related charge, the prosecution will still have to prove you were guilty of the crime. Remember, you are innocent until proven guilty. Therefore, the less evidence the prosecution has to prove you were guilty beyond a reasonable doubt, the better your defense will be.

Please note that none of the above constitutes legal advice. You should consult with a licensed attorney in your state for legal advice.

The GL Law Group, PLC provides free information on Michigan DUI law and guide to choosing a good Michigan DUI attorney. If you have recently been arrested for a DUI, it's important to contact a good DUI lawyer soon. A guilty DUI conviction can ruin your life. Contact us to set up a free DUI case review.

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Defending DUI Drug Cases: Part 6 from PA DUI attorney Justin J. McShane

Pennsylvania DUI attorney Justin J. McShane, Esq. presents his lecture "Defending DUI Drug Cases" in Hartford, CT in December 2009. In Part 6: "Solid Dose Drug Testing," expert DUI Attorney McShane focuses on solid does drug testing, and explains why gas chromatography is the most accurate drug identification system. The McShane Firm is the premiere DUI/DWI law firm in Harrisburg, PA. For more information, visit www.themcshanefirm.com Video production by JenKev Productions.



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The Effects of Driving While Under the Influence of Drugs

Using drugs such as prescriptions or marijuana can lead to DUID charges or arrest for driving under the influence of drugs. You cannot assume that it is acceptable to drive after taking a medicine prescribed by your doctor; you could still be charged and arrested for driving under the influence of drugs. Some prescription medicines may inhibit your ability to safely drive a vehicle even though they were prescribed by your doctor or are an over-the-counter medication for that matter.

Many times people get arrested for driving under the influence of drugs because they have used marijuana or taken a prescription drug, and the officer stopped them for suspicion of DUI. The amounts of drugs you are allowed to have in your system and still drive vary from state to state. Some states, like Michigan, have zero tolerance and will arrest you if they can measure any amount of drugs known to affect motor functions in your system.

If a driver is exhibiting signs of being under the influence such as driving erratically and an officer sees this, the officer will pull you over on suspicion of DUI. Many police departments have what are known as Drug Recognition Experts (DRE), these experts have special experience dealing with drugs, and will be called by dispatch if a driver is suspected of being under the influence of drugs.

The Drug Recognition Expert will perform some preliminary tests and if they believe a person is really under the influence of drugs then they will require them to take a blood or urine test to see what their drug levels are. Prescription drugs, marijuana, ecstasy, cocaine, and meth can all slow down your motor functions, and they will show up on a blood test.

Generally, if a driver is suspected to be under the influence of drugs they will be asked to submit to a PBT or preliminary breath test to see if they have been drinking alcohol before they will have to take a urine or blood test. Many people assume if they pass the PBT with a BAC of less than.05% they will not be arrested at all because they are not getting a DUI, but you still could get a DUID.

In a growing number of states when an individual is suspected of being under the influence of drugs, the accused is not given a choice of which type of test they wish to take. A person suspected of being under the influence of drugs will be required to submit to either a blood or urine test. If the request is made for you to submit to a urine test you are more likely to fail because drugs leave the human body at a much slower than alcohol does.

If you get pulled over on suspicion of DUI on a Friday and get asked to take a urine test you could fail even if you consumed marijuana on Monday because it stays in your system for up to 30 days.

Some states, such as Colorado, also have charges called DWAI for when your BAC is between.05% and the legal limit of.08%. It is important to be aware of the limits for your particular state, and the fact that the legal limits may be changed at any time.

Over-the-counter drugs, prescription drugs, alcohol, cocaine, or meth can inhibit your mental and physical abilities to drive. These people are a potential threat to themselves, their passengers, and any pedestrians or motorists in their surrounding area.

Although the specific laws and levels vary by state, all states do have some type of law against driving under the influence of drugs. An example of one of these laws is the California motor vehicle code section 23152(a) which says that it is illegal for anyone who has been using drugs, alcohol, or any combination of drugs and alcohol to operate a motor vehicle in the state of California.

If you are facing charges for DUID or DUI it is important that you consult with an attorney that specializes in the area of DUI defense to find out what the laws are in your state. It is vital that you hire a lawyer that specializes in this field because a lawyer who does not specialize in DUI cases will not be aware of your state's DUI laws.

Eloan

Connecticut DUI First Offense Penalties by Jay Ruane

Connecticut DUI First Offense Penalties by DUI Attorney Jay Ruane



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Los Angeles DUI Attorney--DUI and Drunk Driving Overview From Attorney Neil Shouse

Shouse Law Group www.southern-california-dui-defense.com Ifyou've been arrested for drunk driving or a DUI-related offense, please join us for a free case evaluation before making any decision to plead guilty. Call us to set up an appointment with an expert DUI lawyer or submit a DUI Intake Form online. If you or a loved one faces misdemeanor or felony charges, contact our Los Angeles criminal attorneys for help. We would be glad to meet with you for a free consultation at one of our local offices in Los Angeles, Van Nuys, Pasadena, Long Beach, Orange County, Rancho Cucamonga, San Bernardino or Riverside. Call us at (888) 327-4652



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