DUI Attorney and Dealing With the DMV in DUI Cases

A DUI attorney can guide you through the complex process of dealing with the Department of Motor Vehicles in cases involving DUI, DWI and Extreme DUI charges. This article will discuss the process of dealing with the DMV in regards to DUI cases and how a DUI attorney can help you understand this difficult process and assist in guiding you through this process.

Blood and Urine Cases:
If your case involved the taking of blood or urine during your DUI arrest, you will need to wait and see if your results come back above or below a.08%. It usually takes anywhere between one (1) and six (6) months to get your results back. If your blood results are above a.08% the officer will forward a request for suspension to the DMV office.

The DMV office will then notify you with a "Corrective Action Notice" (i.e., notice of suspension). The moment you receive this from the DMV, contact a DUI attorney immediately so they can request a hearing on your behalf. This request needs to be done within fifteen (15) days of the date of that suspension notice. What can be confusing is that the Corrective Action Notice will state that the suspension will not go into effect until twenty (20) days after mailing of the notice. Do not let them fool you with this extra five (5) days; you must request a hearing within the fifteen (15) day period.

If you are stopped by an officer after a DUI attorney has requested a hearing, you will not have a yellow copy of a temporary driver's license in your possession. His computer should reveal that they have requested a hearing on your behalf. If he still writes you a ticket for driving on a suspended license, do not panic. Simply bring it to they DUI attorney and they will take care of it. If he arrests you for driving on a suspended license, you can sue the DMV for not imputing the hearing request into the computer (assuming you were not already suspended prior to your DUI, DWI, or Extreme DUI arrest).

Prior to the actual DMV hearing, if you have retained a DUI attorney, they will have you in for a "Pre-DMV consultation". At this consultation, a DUI attorney will go over the police report with you in detail and discuss whether it will be necessary for you to appear at the hearing or not. The DUI attorney will also discuss various options regarding whether to "Void" the suspension, or whether to actually "Stipulate" to the suspension in order to receive a "Work Permit". This will also have ramifications nullifying any potential future suspension with regards to the first offense situations which could result from the criminal case. All of this will have to be discussed one-on-one with a DUI attorney.

Insurance - Additional Punishment for DUI, DWI, Extreme DUI
Until DUI, DWI, or Extreme DUI guilt is established, an insurance company should not - although some do - cancel your insurance coverage. If convicted of a DUI, DWI, or Extreme DUI, you will either be unable to get insurance coverage or you will pay roughly $3000 or more a year, for the next three (3) years, above your current rate.

Some Final Realities on DUI, DWI, Extreme DUI
DUI also includes driving under the influence of drugs. DUI, DWI, & Extreme DUI charges are filed thousands of times every year against people from all walks of life. These charges are serious, but defensible, with assistance from a DUI attorney experienced in DUI, DWI, & Extreme DUI law.

David Michael Cantor is an AV rated (the highest possible rating) and a Certified Criminal Law Specialist per the Arizona Board of Legal Specialization. For more information about DUI attorneys, visit our site.

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Want to Get a DUI? Drink and Drive Around the Holidays

I am a DUI attorney, and the same things happen at the same time every year. At certain times of the I can expect an increase in calls to my office for help with a DUI citation. And I can expect it without fail. When are these times? If you said the holidays, you are correct.

Why are more people getting DUIs around the holidays? There are a couple of reasons. First, more people are driving drunk. Second, the cops are on high alert to stop and arrest people fro DUI at this time of year. Why does this happen? Let's think about it a little bit.

First, with regard to more people driving drunk around the holidays, let's just think about this time of year - Thanksgiving and Christmas. What do these two holidays, like most holidays, entail? You are correct, visiting with friends and family, sharing dinner (and drinks) and celebrating another great year about to end. There are Christmas parties galore, both with friends and with coworkers, and the drinks are usually flowing pretty heavily.

And how do you get to and from these parties? If you said a cab or designated driver you are a lot more responsible than most of the people I know. I think it might be because these parties tend to get over at a respectable hour that people think they will be okay to drive home. And they are fine until they are pulled over by that cop looking for people just like them.

Which leads me to my second reason there are more DUI arrests around the holidays - the cops are out in force looking for people. A good example of this here is any day that entails partying with friends. In Seattle there are two very big days for this - the Fourth of July, and SeaFair, a boating race where a lot of people are out on the lakes surrounding Seattle having a great time.

The cops know people are out drinking with friends at lakes, at campsites, at their homes, and don't often think about getting home when the party is over. Because, and on some level this is true, the cops want the roads to be safe for everyone, they usually increase their levels of patrol during these times to make sure people aren't driving around drunk. This is great if you are stone cold sober driving around, but any scent of alcohol on your breath, whether you are driving under the influence or not, is probably going to get you arrested (though these are the cases I as a Seattle DUI defense lawyer love to fight).

So, this year around the holidays play it safe. Take a cab wherever you are going or have someone that can drive you around. After all, you don't want to have to come and see me in a few weeks do you?

If you do find yourself in trouble around the holidays, however, don't wait until you are released from police custody to speak with a DUI attorney. Call one as soon as you can. And in the meantime don't talk to the cops, don't do field sobriety tests, and be as respectful as possible to the cops while following these two rules. It will save you some time when you actually do go out and hire someone to help you.

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David Zwanetz, Esq., Expands on the DUI Debate (PART II)

David Zwanetz, Esq. responds to FANPAGE requests to expand on the debate on refusing v. consenting to the breath test. ***THIS ADVICE ONLY APPLIES TO DUI'S ON STATE PROPERTY - FEDERAL LAW REQUIRES A BREATH TEST!** Shapiro & Mack is a law firm made up of some of Maryland's top trial attorneys concentrating in the areas of Criminal Defense, DUI/DWI Defense, Traffic Cases, Juvenile Delinquency Cases, as well as any Personal Injury or Collections matter in the state of Maryland. Our credo is "Service, Service, Service." Throughout Maryland, we provide unparalleled personal service to our clients. Although Shapiro & Mack is located in the heart of Columbia, Maryland, the firm stands tall among all law firms not only in Howard County, but throughout the entire state. Shapiro & Mack is dedicated to providing superior legal representation at reasonable fees, in a manner that reflects the highest quality of client service that any attorney can provide. www.shapiroandmack.com www.howardcountydui.com www.fightcollections.com



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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.

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