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DUINetwork.com Tennessee : Testing for Blood Alcohol Content Tennessee DUI Home About DUINetwork DUI DEFENDANTS Tennessee DUI FAQs Important Checklist DUI Dictionary DUI Penalties The Arrest Process Sobriety Checkpoints Blood Alcohol Tests - Field Sobriety Tests - Breath Tests - Blood Tests Federal Issues Legal Process Winning Your Case Common Mistakes Other DUI Costs - Travel Restrictions - Career - Probation - Immigration Tennessee Courts FOR ATTORNEYS Publications Organizations Seminars Law Offices of Steven Oberman (Knoxville) Putting our experience to work for you. Free consultation. 865-546-4292 Testing for Blood Alcohol Content By driving a vehicle in the state you give your "implied consent" to submit to a chemical test for alcohol or drug content if suspected by a police officer of driving under the influence. In this state, the officer will only offer a breath test. If you refuse, you will lose your license. When state law talks about "Alcohol Content" or BAC, it refers to the number of grams of alcohol present per 100 milliliters of blood in the person's system. A BAC of 0.10 would mean that the person has 1/10 of a gram of alcohol per every 100 milliliters of blood. So when it comes to the legal limit of 0.08, we are talking about a small amount of measurable alcohol. Blood Tests Typically, when chemical evidence is admitted for use by the prosecution, there are more ways to attack the accuracy of a breath test than a blood test. Blood testing involves taking a sample of blood and directly measuring the alcohol content. A blood test also measures for the presence of prohibited drugs and their metabolites in your system. If you have been arrested for OUI in the state or already consented to a , breath test, you are permitted to have a second blood test conducted by an independent source, at your expense. While blood tests are the most reliable method of testing for BAC, they are by no means infallible. Typically, blood samples are drawn by hospital staff. (In some jurisdictions, a police officer might have sufficient training as a phlebotomist to draw your blood, but this is less often the case). In any event, the methods taken to draw blood can have a significant impact on test results and the admissibility of this evidence. Medical personnel must have appropriate credentials and follow precise procedures, otherwise, the test results may be subject to challenge. Contaminated samples or flawed procedures can influence and erroneously inflate BAC results. Provided below is a partial list of sources and examples of defense(s) related to blood tests: HIPAA: The Health Insurance Portability and Accountability Act of 1996 is an evolving piece of legislation and area of healthcare law. Basically, any entity that has access to your medical records or produces any patient medical information (such as test results), must adhere to a strict set of complex guidelines in order to protect patient privacy. Noncompliance with HIPAA regulations by a healthcare provider can influence the admissibility of your blood test results and likewise the outcome of your case. Yeast: If introduced into the blood sample, can produce falsely high BAC readings. Yeast consumes blood sugars. The byproduct is alcohol - indistinguishable from alcohol whose source is an alcoholic beverage. Non-sterile tube: The top of the blood test tube has been contaminated or has not been properly sterilized. Administrative Errors: The lab or hospital has incorrectly identified your sample and your test results are from someone else’s blood. This can be definitively verified through a DNA test. Alcohol Swab: If the site of the needle puncture on your arm was first sterilized with any substance containing alcohol, this alcohol can be transferred to the needle and ultimately into the blood sample and generate erroneously high BAC results. Defective Vacuum: Tubes used to collect blood contain a vacuum that helps deposit blood into the tube. If this vacuum is damaged or does not function properly, contaminants can be introduced that could influence test results. Breath Tests A breath test measures only alcohol and is more error prone. Equations are used to gauge the relative amount of alcohol contained in a sample of deep lung (alveolar) air and law enforcement then has to calculate the amount of blood alcohol that should be present. Testing alveolar air has its problems, in that the sample does not necessarily remain constant. Temperature and breath patterns also affect the content of any given breath sample. Also, many common substances can register as alcohol when in fact they are not. There are several different breath test machines (commonly referred to as a breathalyzers) available on the market. They are manufactured by private companies and sold to law enforcement agencies. These different devices come with their own unique characteristics and requirements for proper use and care. The improper use, testing and/or maintenance of these various devices can play a significant role in your defense. Likewise, it is important to select an attorney with a high degree of familiarity with these machines. Even the most advanced breathalyzers, such as the Intoxilyzer, has its problems.The Intoxilyzer uses infrared spectrometry to measure the degree of alcohol in a breath sample. A quartz lamp inside the machine radiates infrared energy through the sample. The amount of energy that makes it through the sample (and is not absorbed by alcohol) is then measured and calculations are made. The greater the amount of alcohol present in the sample being analyzed, the greater the absorption. However, to deliver results admissible in court, the breath testing device must have been properly maintained and operated. Even when functioning properly, it has a modest but inherent margin of error. So, even if you've failed a chemical test, there are ways to challenge the results. A skilled attorney must be engaged to adequately assess how these test results may be successfully defended or thrown out altogether. Field Sobriety Tests Most OUI cases include evidence from field sobriety tests ("FST’s"). These tests, such as the One Leg Stand, Walk and Turn and Horizontal Gaze Nystagmus (Eye Test) are used by law enforcement to establish probable cause and help secure DUI convictions. These roadside tests are completely voluntary. Refusing the submit to field testing will not result in the suspension of your driving privileges (unless you are on probation and/or have another case pending in which a Judge has ordered you are not to refuse to take these tests). The biggest drawback is that, typically, the prosecutor can use your refusal against you in court. It is important to understand that no studies conclusively link the roadside "Field Sobriety Tests", to a persons level of intoxication. Even when conducted under ideal circumstances, the best studies show less than an 80% rate of accuracy. Also, these tests results are influenced by how well the officer conducted the tests and in some instances, his or her own interpretation of your performance. These circumstances can lead to results that are unreliable or inconclusive – results that can be successfully defended more often than most defendants realize. Only three of the tests available to officers have sufficient merit to be recognized by the National Highway Traffic Safety Administration (NHTSA). These tests include Horizontal Gaze Nystagmus Test, the Walk and Turn Test and the One Leg Stand Test. No other tests given in the state have been validated in any official way. Examples include the Finger to Nose Test, the Rhomberg Balance Test, counting or saying the ABCs backwards, counting ones fingers, etc. There is no proven correlation to these test results and ones ability to safely operate a motor vehicle. The Arrest Process This section provides an overview of the process an officer will go through to determine whether to arrest you for driving under the influence of alcohol or drugs. Signs of Impairment People operating a vehicle under the influence typically exhibit some symptoms of impairment. The vehicle might be going extremely fast or extremely slow. Officers look for a willingness to take risks, poor coordination, slowed reactions and impaired vision. Routine traffic violations are also used - violation of a posted control sign, a failure to use a turn signal, inappropriate use of high beams or other cues that alert the officer to a driver that might be influenced by intoxicants. An officer requires a reasonable belief that the driver was operating in an unreasonable manner, or a reasonable suspicion that a law has been broken, to justifying pulling a vehicle over. The National Highway Transportation Safety Administration (NHTSA) has established specific visual cues that indicate a driver’s probability of being legally intoxicated. Officers often rely upon this information to establish a basis for stopping suspected drunk or drugged drivers. When the officer sees more than one cue, the probability rises. The probabilities listed below correspond to the officer observing only one cue: THE OFFICER'S VISUAL CUE CORRESPONDING PROBABILITY OF IMPAIRMENT Headlights off 30% Accelerating or decelerating rapidly 30% Turning abruptly or illegally 35% Stopping inappropriately (other than in the lane of travel) 35% A slow response to traffic signals 40% Driving into or crossing traffic 45% Erratic application of the brakes 45% Driving with tires on center or lane marker 45% Drifting 50% Following too closely 50% Stopping without cause in the lane of traffic 50% Driving slower than 10 miles per hour 50% Swerving 55% Driving on other than the designated highway 55% Weaving 60% Almost striking object or vehicle 60% Appearing to be drunk: (eye fixation; tightly gripping the steering wheel; gesturing erratically or obscenely; face close to the windshield; drinking in the vehicle; driver's head protruding from vehicle) 60% Straddling center or lane marker 65% Turning with wide radius 65% There is also an opportunity for the observation of several more cues of impairment when an officer initiates a traffic stop. These observations can be used to prove the driver was under the influence. Typical observations include a lack of response or a slowed response to flashing lights or sirens, pulling over suddenly or in an inappropriate place, abruptly swerving or attempting to flee, as examples. Prosecutors and officers also use this opportunity to look for signs of "divided attention", invoking a theory frequently used to explain impairment. It is based on the assumption that the ability to execute multiple tasks simultaneously is limited by alcohol or drugs in the system. Flashing lights, sirens and other distractions must be dealt with that a driver under the influence may have trouble handling. However, there could be other reasons why a driver experienced some difficulty in these situations. Making Contact with the Driver Once the stop has been completed, the officer begins the process of making personal contact with the driver. After an officer approaches the vehicle, they observe and interview the driver, usually while the driver remains in the vehicle. The officer typically asks the driver general questions while looking for evidence of impairment, such as an odor of alcohol, bloodshot eyes, flushed face, slurred or impeded speech, etc. The officer will also note if the driver has any trouble retrieving their license and registration from a pocket or glove compartment. The officer will also look around the vehicle for any evidence in plain view, such as beverage containers or drug paraphernalia. The officer may also administer some simple verbal exercises or other preliminary, seated sobriety tests to help determine impairment. Next, the officer decides whether to request that the driver get out of the vehicle. Does the driver trip, stumble or use the door for support? The officer observes how a driver exits the vehicle. Screening Once the driver is out of the vehicle, the officer enters a pre-arrest screening phase of the DUI investigation. First, the officer administers field sobriety tests. These tests attempt to provide a judge (or jury) with clinical symptoms of impairment. They may also serve to reinforce the officers prior observations of the suspect. A skilled defense attorney will thoroughly scrutinize every detail of these tests. For example, the test results might be discredited by successfully asserting that: The officer didn't first properly demonstrate the test; The driver didn't under stand the test well enough to perform it; The lighting was insufficient; The road was uneven or otherwise unsuitable; The weather conditions were poor; That driver had a pre-existing physical condition which affected test performance... Even if an officer does everything possible to minimize these defense arguments, it can be difficult to conduct tests under flawless conditions. The "standardized" field sobriety tests that NHTSA recommends are Walk and Turn , One Leg Stand and Horizontal Gaze Nystagmus . Other, non-NHTSA standardized field sobriety tests include, among others, the Coin Toss Test , Finger To Nose Test and various Balancing Tests . Following the field sobriety tests, the officer's next task in a DUI investigation is typically to administer a preliminary breath test (PBT), which the police use to confirm the chemical basis for impairment. This test is performed with a hand-held device (often an Alcosensor III). This portable device generally does not have an attached printer. A preliminary breath test is for investigatory purposes only and results are not typically admissible in Court. If the officer has evidence of drug impairment, it will be necessary to seek out assistance from an officer who has been trained and certified as a Drug Recognition Expert (DRE). Note that the majority of law enforcement officers do not have DRE status. Likewise, most officers are not certified to administer a standardized drug recognition examination of a suspect. The arrest occurs at the conclusion of the pre-arrest screening process. If the officer decides to arrest the suspect, he must have probable cause that the driver is under the influence of alcohol or drugs. If mistakes or improper procedures by law enforcement occurred at any point along this process, a good OUI defense lawyer will make certain that these facts are appropriately used in your defense. Sobriety Checkpoints Sobriety checkpoints (police roadblocks) used to screen drivers for OUI are legal in the state. At a given location, these checkpoints provide a place where law enforcement can stop vehicles, question drivers and observe them for signs of intoxication. These checkpoints can result in a considerable number of DUI arrests each year. Driving makes you are subject to these DUI checkpoints. If you turn around prior to reaching the checkpoint, there is a good chance that you will be followed. If the officer notices a traffic violation or other driving behavior that provides just cause to pull you over, you will likely be stopped. If you fail to stop for a checkpoint, the police can pursue and pull you over. If you are at a OUI Checkpoint and the officer develops a reasonable suspicion that you are under the influence, you may be detained further. This detention might include requests for you to perform field sobriety tests, or to answer questions about your intake of alcohol or drugs. If the officer develops probable cause, you may be arrested and asked to perform a test of your breath, blood or urine to determine the presence of alcohol or drugs. There are a number of guidelines law enforcement must follow to properly conduct sobriety checkpoints. These exact procedures must conform to state regulations and also to avoid violating your constitutional protections from unreasonable search and seizure. For example, detentions must be brief and only long enough ensure you are not intoxicated, unless some other crime is observed or in progress. To adequately ensure that your rights have not been violated and all of your defenses have been thoroughly explored, consult an experienced drunk driving practitioner if you have been arrested at a sobriety checkpoint. The DUI Network Websites: Arizona Maryland Massachusetts Tennessee Texas
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DUI Attorneys for Your Georgia Lawyers DUI Drunk Driving Defense Criminal Defense Attorneys Georgia Criminal Defense and DUI Lawyers William C. Head William Head's Video Clips on DUI Practice by his Firm GEORGIA DUI PUNISHMENT CHARTS - PDF Head Thomas Webb & Willis LLC Address: 750 Hammond Dr. Ne Atlanta, GA 30328-5526, US Atlanta, Georgia DUI Lawyer Phone Number: (404) 250-1113 Fax Number: (404) 250-1494 Map and Driving Directions Accolades about Mr. Head! Evaluating DUI Attorneys for Your Case What You Need To Know - Teenage And Adult Driver Responsibility Act Get a FREE evaluation of your case by completing our CONFIDENTIAL online initial questionnaire . Upon receipt of your initial questionnaire, we will contact you personally within 24 hours (48 hours if over the weekend). Our attorneys and support staff stand ready to assist you in weathering the stressful days ahead as we investigate and challenge your pending charges. We understand the serious nature of your situation and want to help you deal with the stressful and complex issues of a drunk driving arrest. At Head, Thomas, Webb & Willis, we are dedicated to the vigorous defense of individuals accused of crime , including driving under the influence of alcoho l or other substances. Our senior partner, William C. Head , has been called one of the nation's foremost authorities on drunk driving defense. He "wrote the book" on Georgia DUI Trial Practice and is often consulted by other attorneys, the media, and even the courts for his expertise in this very specialized area of law. From the moment of arrest, through all phases of trial, and even appeal if necessary, our attorneys and staff specialize in criminal defense and DUI law and will work hard to provide you with thorough and competent representation. Please take a moment to explore our site. We would be happy to assist you if you call (404) 250-1113 or TOLL FREE 1-877-DUI-GEOR (1-877-384-4367). Most Popular cities that we serve in the state of Georgia: Albany, Georgia Alpharetta, Georgia Athens, Georgia Atlanta, Georgia Augusta, Georgia Columbus, Georgia Decatur, Georgia Lawrenceville, Georgia Macon, Georgia Marietta, Georgia Norcross, Georgia Roswell, Georgia Savannah, Georgia Stone Mountain, Georgia Other cities that our DUI Lawyer serves in the state of Georgia: Acworth Adairsville Adel Alma Alto Americus Aragon Ashburn Auburn Bainbridge, Georgia Ball Ground Barnesville Baxley Blackshear Blairsville Blakely Blue Ridge Bogart Bonaire Bowdon, Georgia Bremen Brooklet Brunswick Buchanan Butler Cairo Calhoun Camilla Candler-mcafee Canton, Georgia Carnesville Carrollton Cartersville Cedartown Chatsworth Chickamauga Clarkesville Claxton Clayton Cleveland, Georgia Cochran Colbert College Park Colquitt Commerce Conyers Cordele Cornelia Covington Cumming, Georgia Cuthbert Dahlonega Dallas Dalton Danielsville Dearing Donalsonville Douglas Douglasville Dublin, Georgia Duluth Dunwoody Eastman East Point Eatonton Elberton Ellijay Evans Fayetteville Fitzgerald, Georgia Flowery Branch Folkston Forest Park Forsyth Fort Benning Fort Oglethorpe Fort Valley Gainesville Glenn Glennville, Georgia Gray Greensboro Griffin Grovetown Guyton Hahira Hampton Harlem Hartwell Hawkinsville, Georgia Hazlehurst Hephzibah Hiawassee Hinesville Hiram Hogansville Hull Jackson Jasper Jefferson, Georgia Jesup Jonesboro Kingsland Lagrange Lakeland Lake Park Lavonia La Fayette La Grange Leesburg, Georgia Lilburn Lincolnton Lithia Springs Lizella Loganville Louisville Ludowici Lyons Mableton Madison, Georgia Manchester Martinez Maysville Mcdonough Mc Caysville Mc Donough Mc Rae Metter Midland Midway, Georgia Milledgeville Millen Monroe Montezuma Cities continued: Monticello Morrow Moultrie Nashville Newnan North Atlanta, Georgia Oakwood Ocilla Oxford Peachtree City Pelham Pembroke Perry Pooler Quitman Redan, Georgia Reidsville Richmond Hill Rincon Ringgold Rising Fawn Riverdale Rockmart Rocky Face Rome Rossville, Georgia Roswell Royston Saint Marys Sandy Springs Senoia Sharpsburg Silver Creek Smyrna Social Circle Soperton, Georgia South Augusta Statesboro Stockbridge St Marys Summerville Sylvester Tallapoosa Tate Thomaston Thomasville, Georgia Thomson Tifton Toccoa Trenton Trion Tucker Tunnel Hill Twin City Valdosta Vidalia, Georgia Vienna Villa Rica Warner Robins Warrenton Washington Watkinsville Waycross Waynesboro West Augusta West Point, Georgia Winder Winston Woodbine Woodstock Wrens Wrightsville LEARN MORE Sample Trial Victories License Suspension and Revocation Issues Penalties if Convicted Head, Thomas, Webb & Willis named to Martindale-Hubbell's Bar Registry of Pre-Eminent Lawyers DUI - DWI Information Links Home Get Help Cases About Us Resources Contact Us Disclaimer Headlines Marketing Corporation DURING NORMAL BUSINESS HOURS: (404) 250-1113 TOLL FREE: 1-877-DUI-GEOR (1-877-384-4367) CONTACT EMAIL : sestes@absolutely-not-guilty.com All Rights Reserved. No Copying, Duplication or Reproduction of the Content or "Look and Feel" Of this Web Site is Permitted. OtherDUI DWI OUI/Drunk Driving Resources: Atlanta Georgia DUI Attorney Atlanta DUI Attorney Atlanta DUI Texas DWI Attorney Massachusetts OUI Lawyer New York DWI Attorney ArizonaDUI Attorney Law Firms Atlanta Attorneys Atlanta Georgia DUI Lawyer Metadata, Design, and Optimization services provided by Electric Lemonade Interactive Media - Atlanta Web Design 2004-2005, Headlines Marketing Corporation All Rights Reserved
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California DWISanta Clara, California DUI/DWI Attorneys, Lawyers and Law Firms DUI/DWI Lawyers in Santa Clara County, California View all DUI/DWI Lawyers in California Search for Premier DUI/DWI Attorneys Search by State: AL AK AZ AR CA CO CT DC DE FL GA HI ID IL IN IA KS KY LA ME MH MD MA MI MN MS MO MT NE NV NH NJ NM NY NC ND OH OK OR PA PR RI SC SD TN TX VI UT VT VA WA WV WI WY -------- or --------- Search within: 25 Miles 50 Miles 125 Miles All From Zip Code: Additional Resources How a criminal lawyer can help DUI/DWI Law (Drunk Driving) FAQs State-by-state DMV Information State laws on Drunk Driving MADD Impaired Driving Facts Alcoholics Anonymous Drunk Driving State Statisics Home -> DUI/DWI -> California -> Santa Clara County Lawyers View All Santa Clara County Lawyers Premier Results: Bonjour Thorman & Baray Free Initial Consultation Our Goal is to Achieve a Result for our Clients that not only Satisfies the Client but Exceeds the Result that the Average Attorney Could Obtain. Our Experience, Reputation, and Hard Work Generate Results for You. 24301 Southland Drive, Suite 312 Hayward, CA 94545 Send Email | Click Here for Phone Number | Visit WebSite Jerome P. Mullins, Law Offices of Free Initial Consultation Primarily represent persons charged with serious felony offenses in state and federal court. 95 South Market Street, Suite 300 San Jose, CA 95113 Send Email | Click Here for Phone Number | Visit WebSite Melvin L. Emerich, Law Offices of Free Initial Consultation 4600 El Camino Real Los Altos, CA 94022 Send Email | Click Here for Phone Number Michael A. Nichols Free Initial Consultation Former Deputy District Attorney, 25 years experience in criminal law. All options explored. Office located in the heart of Silicon Valley, one block from Sunnyvale Court. 510 South Mathilda Ave. Suite 8 Sunnyvale, CA 94086 Send Email | Click Here for Phone Number | Visit WebSite The Cochran Firm Criminal Defense Section Free Phone Consultation All Courts, All Crimes. Federal, State, Juvenile, Sex Crimes, Drugs, DUI, Domestic Violence, Embezzlement, etc. Available 24 Hours, for Free Consultation. Experienced Attorneys with Proven Results. Statewide, CA Send Email | Click Here for Phone Number | Visit WebSite Steven Clark, Law Offices of Practice Areas: Criminal Defense; Driving While Intoxicated; DUI; Drug Crimes; Felonies; Fraud; Juvenile Law; Misdemeanors; Parole and Probation; Sexual Assault; Traffic Violations. 10 Almaden Blvd., Suite 1250 San Jose, CA 95113 Send Email | Click Here for Phone Number | Visit WebSite The Chase Law Group Free Initial Consultation We practice criminal defense exclusively. We focus on your freedom. If you or a loved one has been arrested or accused of a crime, contact us immediately for a free consultation. 4181 Sunswept Drive, Suite 100 Studio City, CA 91401 Send Email | Click Here for Phone Number | Visit WebSite Listings for Santa Clara County DUI/DWI Lawyers: Los Altos, CA Earle Law Firm , Anthony F. Earle, 960 North San Antonio Road, Suite 260 Palo Alto, CA Cahners & Samuels, A Criminal Law Practice , Edwin E Samuels & John D. Cahners, 2600 El Camino Real, Suite 506 Weinberg, Ziff & Miller , Harvey Ziff, 400 Cambridge Ave. San Jose, CA A - Todd Jones, Attorney at Law , Todd Jones, 111 North Market Street, Suite 1010 Charles M. Kramer Attorney at Law , Charles Kramer, 1871 The Alameda, Suite 333 Chleora Aglipay Franco, Law Office of , Chleora Franco, P.O. Box 640128 Curtis V. Rodriguez Attorney at Law , Curtis Rodriguez, 95 So. Market St., Suite 300 David A. Hardin , David Hardin, 95 South Market Street, Suite 300 Guyton N. Jinkerson , Guyton N. Jinkerson, 50 West San Fernando Street Suite 400 Halpern & Halpern , Daniel Halpern, 111 N. Market Street, Suite 1010 Jack Gordon Attorney at Law , Jack Gordon, 95 S. Market St. Suite 300 Jon P. Harward, Inc. , Jon Harward, 1901 S. Bascom Ave., Suite 1410 Kim K& Ruvalcaba , Deok Kim, 257 No. 1st Street, Suite 1 Law Offices of Bruce Funk , Bruce Funk, 46 W. Santa Clara St., Suite 46 Law Offices of Valencia & Ippolito , Riccardo Ippolito, 255 N. Market, Suite 170 Law Offices of William Chestnut , William Chestnut, 1570 The Alameda, Suite 101 Lindy M. Faris, Law Office of , Lindy Faris, 95 South Market Steet, Suite 300 Martin W. King, Law Offices of , Martin King, 1825 The Alameda, Suite 625 Maureen Baldwin Attorney at Law , Maureen Baldwin, 586 N First St Michael E. Hingle, Law Office of , Michael E. Hingle, 79 Devine Street Michael E. Hingle, Law Office of , Michael E. Hingle, 79 Devine Street, Suite 101 Randy Moore, Attorney at Law , Randy Moore, 332 N. Second Street Richard Wilson, Law Offices of , Richard Wilson, 540 Bird Avenue Ronald Z Berki, Attorney at Law , Ronald Berki, 255 W. Julian St., Suite 501 Sandra G. Carr, Law Offices of , Sandra G. Carr, Attorney at Law, 1840 S. 7th Street, #23 The Law Offices Of Halpern & Halpern , Daniel Halpern, 111 North Market Street, Suite 1010 Thomas F. Mueller, Attorney at Law , Thomas F. Mueller, 255 North Market Street, Suite 190 Wesley J. Schroeder, Attorney at Law , Wesley Schroeder, 181 Devine Santa Clara, CA Beraldo & Holly , Christine F. Beraldo, 1105 Benton Street, Suite C Daniel Jensen Law Offices , Daniel Jensen, 4675 Stevens Creek Blvd., Suite 250 Law Offices of Dennis Alan Lempert , Dennis Lempert, 100 Saratoga Ave 1st Floor Sunnyvale, CA Attorney At Law , John Beckman, 555 N. Mathilda Ave., Suite 105 Santa Clara County Lawyers in related fields Criminal Defense Lawyers Are you a Lawyer? List on AttorneyPages | Find Expert Witnesses | Find Legal Information / Advice | Legal Forms | About Us | Media AttorneyPages® is not a lawyer referral service and never receives any portion of any attorney's fees.We welcome feedback from visitors but are not responsible for any attorney's advice. Use of AttorneyPages.com is subject to our disclaimer, conditions of use and privacy policy.Use for marketing or solicitation is prohibited. AttorneyPages® , ExpertPages® and FreeAdvice® are trademarks and units of Advice Company ® 1997 to 2006 - All Rights Reserved - For feedback or listing information only, contact us by phone, Fax or Email: 2330 Marinship Way Suite 120, Sausalito, CA 94965, P.O. Box 1739 Sausalito, CA 94966 (415) 331-1212 - Fax (415) 331-4255
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dui attorney, dui lawyer Drunk Driving Defense Sites by a dui trial lawyer, dui attorney, duilawyer DRUNK DRIVING DEFENSE SITES ON THE INTERNET Informative DrunkDriving Defense Sites on the Internet: A directory ofsites maintained by Jim Forslund, a DUI defense attorney in Colorado. Linkschecked weekly. Mail proposed additions to links@colorado-dui.com RECIPROCAL LINKS APPRECIATED Name Index dui attorney, dui lawyer A-L M-Z Other Countries dui attorney, dui lawyer Search by City, County, State or Postal Code Also visit DUI Help -the first directory of DUI attorneys on the Net. Alabama Alaska Anchorage Sponsor Attorney Fred Sloane How to Handle Your DUI Arrest Even though you've been arrested for DUI, you don't have to let it ruinyour life. You may not realize it yet, but if you are thinking aboutsimply going to court and pleading guilty to your DUI charge you may becheating yourself. You see, a qualified attorney can review the case for defects, suppressevidence, compel discovery of such things as calibration andmaintenance records for the breath machine, have blood samplesindependently analyzed, obtain expert witnesses all of which may helpyou to win your case at trial. To find out what you need to know about your DUI arrest I've developeda website to give you a wealth of useful information . . . informationwhich will show you how you may be able to save your license and yourfreedom . . . and possibly avoid fines, fees, and sharply increased carinsurance costs of as much as $6,800. For the most part, my easy-to-navigate site has information on it whichyou can't get anywhere else unless you are willing to do a great dealof legal research. When you're on my site, you'll also learn how you can get a free,no-obligation consultation where I'll review your case and show you howI may be able to save your license and your freedom. Alaska DUI Drunk Driving Defense Information Dan Allan : If you are going to drink alcohol and /or consume prescription and/or non-prescription drugs, please do not drive, both for your safety and safety of your fellow citizens. If you drive, or are in actual physical possession, of a motor vehicle, please don't drink alcoholic beverages and/or consume prescription and/or non-prescription drugs. When driving a motor vehicle always observe the speed limit, stop signs and the other rules of the road. Prior to driving please verify that your motor vehicle is free of mechanical defects, such as obscure license plate(s), broken or cracked head or ta il lights, over tinted windows, etc. If you carefully observe and follow the three rules listed above it is extremely unlikely that you will atttract police attention and/or be legally stopped for a DUI investigation. As you may know it is not unlawful to drink alcoholic beveratges and drive, ut it is unlawful to drive if you're impaired by alcohol or drug consuption, or if the datamaster or other chemical test taken within four (4) hours after the alleged offense results in 0.08 grams or more of alcohol per 210 liters of the person's breath. Everyone is aware there are numerous bars, clubs, saloons and restuarants in Alask that serve alcoholic beverages, which establishments host large parking lots where citizens may park their vehicles while inside enjoying the food and/or beverages sold by the proprietor. The large parking lots are open invitations to cutomers to drive in/out. In the unlikely event that you or one of your loved ones are stopped by police after leavig such an establishment (or other place where alcoholic beverages are served) it is suggested that you remain courteous and observe the following steps in dealing with the police. Provide your driver's license, proof of insurance and vehicle registration. Always invoke your RIGHT TO REMAIN SILENT, and do not make any statements and do not answer any questions relating to consuption of alcohol and/or drugs. It will not help you to answer questions or talk to the police. DO NOT TAKE ANY SO-CALLED FIELD SOBRIETY TEST, (such as Horizontal Gaze Nystamus test, Walk-And-Turn, One-Leg Stand, Nose Touch, ABCs, Backwards Count, etc.) DO NOT TAKE APRELIMINARY BREATH TEST in the field. The police often don't ask you, but order you to take these test. There is no penalty for not taking so called Field Sobriety Tests, and it is a mere violation to refuse the preliminary breath tests. These so-called test are unfair (and generally will not help you). If you are arrested and taken to a police sub-station, and are requested to blow into the DATAMASTER device, DO give a sample of your breath by blowing into the device. It is a crime with penalties equal to and as devastating as a DUI CONVICTION. After submitting a sample of your breath DO NOT request an independent blood test and continue to remain silent. DO NOT CONSENT to a search of your person, vehicle or other property. Karen Weimer : Delay getting legal help may damage your chance of a successful outcome in your case. It's especially important to deal with license issues promptly. Claman Law Firm: ... you should know that moving violations can affect your right to drive and your insurance rates and coverage. Josephson & Associates : The U.S. Supreme Court has generally interpreted the Fourth Amendment prohibition against "unreasonable searches and seizures" to impose a warrant requirement upon police officers who wish to perform a valid search or arrest. However, the Court has carved out some exceptions to the warrant requirement, which make certain "seizures" constitutionally permissible in the absence of a warrant. One exception that the Court has recognized is for investigative detentions based on less than probable cause. In 1968, the Court established a notable exception to the warrant requirement in Terry v. Ohio for investigative detentions based on less than probable cause (i.e., sufficient reason based on known facts to believe a crime has been committed). Sidney Billingslea: Insurance companies will most likely raise the premiums of a driver convicted of DUI, depending on the driver's history with the company and the driver's claims record. In addition, an insurance company might cancel the policy of a driver convicted of DUI altogether (especially if the driver is in a preferred class). If the insurance company raises insurance premiums, it will label the convicted driver "high-risk" and the driver will be required to file proof of insurance for three to five years with the state DMV. If the insurance company cancels the policy, the driver will have a cancellation on their claims history, which can make it more difficult for the driver to find another insurer. In some states, insurance companies are even allowed to cancel insurance in the middle of the policy term for customers convicted of DUI. Robert Herz: Many states have "enhanced penalty BAC level" laws that impose harsher penalties for drivers with BAC levels at or above the state's enhanced penalty standards. These laws typically apply to drivers with a particularly high BAC, ranging from .15% to .20%. In addition, all states have "zero tolerance" laws that penalize drivers under age 21 for driving with any trace of alcohol in their systems. Pradell & Associates :Alaskans charged with the crime of driving under the influence of alcohol (DWI)may not be aware that they have important legal rights which will be lost ifthey do not act within seven days of their arrest. Those accused of DWI oftenoverlook the tiny print contained on the temporary license stating that withinseven days, you must request an administrative hearing from the Department ofMotor Vehicles (DMV). If you do not do so, your driver's license willautomatically be suspended and you will lose your right to have a DMV hearing.Even if you win a jury trial on your DWI, your license will still be suspendedif you do not request a DMV hearing within 7 days and win at that hearing. Whatshould you do? One option is to contact an attorney immediately after you havebeen charged to learn your rights and to properly prepare your request foradministrative DMV hearing and submit it in a timely manner. Calling anattorney on the eighth day after you are charged may be a costly error! Jody Brion : Anyone who has ever been accused or charged with a crime knows the importance of having an experienced criminal defense attorney by his or her side. The quality of legal representation can often account for the difference between going to jail and going home to one's family. In addition to loss of freedom, a criminal conviction or even a simple arrest can have life long effects in the areas of employment, family relations, and on the quality of life in general. Regardless of the severity of the crime, you deserve the best legal representation available. Fairbanks Downes, MacDonald & Levengood : DWI cases are unique in the criminal justice system and require experienced and knowledgeable counsel. A charge of DWI can have serious ramifications on a defendant's driver's license, criminal record and ability to work and function in society. Cook,Schuhman & Groseclose :Because of increasing fines, longer license suspensions, and a law making athird offense a felony, it is very important to have a thorough understandingof your legal rights, the evidence against you, and your possible defenses. Before automatically pleading guilty or entering into a rushed plea agreementbecause the breath test machine recorded a score above the legal limit, youshould seek legal assistance. Often, these cases can be successfully defendedbefore a jury. Juneau Thomas Nave : In general, the Sixth Amendment guarantees all criminal defendants the right "to have the assistance of counsel." The U.S. Supreme Court has interpreted the Sixth Amendment right to assistance of counsel to be an absolute right, meaning that it applies to any criminal defendant during all critical stages of a criminal proceeding. Specifically, the right to counsel attaches the moment a criminal case has been initiated, extending to criminal defendants charged with felonies or misdemeanors punishable by imprisonment.In addition, the Court has held that fairness requires courts to provide counsel for criminal defendants who cannot afford to hire a lawyer, unless the criminal defendant has knowingly and intelligently waived the right to assistance of counsel. In fact, convictions obtained in the absence of counsel without a valid waiver are voidable, and may not be used later to establish the guilt of the criminal defendant in a new trial or to enhance punishment in the event of a valid conviction. Arizona Arkansas California Colorado Boulder-Denver-Greeley-Ft. Collins, I-70 Corridor and Beyond Jim Forslund : When you've been arrestedfor a DUI and you don't think it's fair, you need a lawyer who can protect yourrights...make sure you're treated fairly...and who knows how to get results.Drinking and driving offenses. Colorado Springs Stephen Anderson Durango Phillip Snyder :If you have been arrested for an alcohol or substance related driving offense,you could face stiff penalties if convicted--including jail time and a monetaryfine. Hiring a lawyer to review the details of the arrest, the evidenceagainst you, and the mitigating circumstances is an essential ingredient inassuring yourself that the judicial system is treating you fairly. Grand Junction Dick Gurley Pagosa Springs Robin Auld :DUI? Who Says You Have To Lose Your License and Your Freedom? Trinidad Rodolfo Reveles Connecticut Delaware Rahaim & Saints : If you are charged with operating a motor vehicle under the influence of drugs or alcohol, you face serious penalties including fines, potential jail time and license suspension. Your choice of attorney to protect your legal rights and represent your interests could mean the difference between returning to your family or going to jail. Jerry Capone : Every American is entitled to the protection of the first Ten Amendments to our Constitution (the Bill of Rights). These include the right to counsel, the right to be protected against unreasonable searches, the right against self incrimination, the right to confront the prosecution witnesses, the right to be presumed innocent until and unless proven guilty beyond a reasonable doubt. Lyons Law : Under Delaware law it is illegal (as it is in all States) to drive a vehicle under the influence of alcohol or any drug, even if prescribed. There are two ways police attempt to prove a driver was under the influence. Usually, if the driver has taken a chemical test which calculates the amount of alcohol in the blood sample, the police rely on a provision of Delaware law that says that any test result .08 or above, so long as the test was taken within four hours after driving, is an automatic violation of the law. A second way the police sometimes, but far less often, attempt to prove DUI is to rely on all the evidence in the case, arguing that it would lead a reasonable person to conclude that the driver was under the influence. These "no test" cases are easier to defend. For a first offense, a driver can be fined up to $1,150.00 or imprisoned up to six months. In addition, following a conviction, a driver will be required to complete an drinking/driving course at his/her own expense. For a first offense, the fine imposed is usually the minimum fine ($230.00) and a sentence of imprisonment (normally 60 days) is suspended so long as the driver completes the course of instruction Ordered. For a second offense within five years of a first offense, however, the conviction means jail time. Normally, second offenders are sentenced to 60 days although they can be sentenced to as much as 18 months in jail. The 60 days usually amounts to 6-7 days in custody with the balance suspended. Second offense fines may be as low as $575.00 or as much as $2,300.00. The jail sentence required for a second offense cannot be suspended other than as set forth above. In addition, a drinking/driving course will be required. For a third offense, anytime within five years of the first offense, the drinking driver, if convicted, is guilty of a felony under Delaware law and subject to fines between $1,000.00 and $3,000.00 and imprisonment from one year to two years. The minimum one year sentence of imprisonment cannot be suspended until after the Defendant has served at least the first three months. This three months is not subject to any early release, furlough or reduction of any kind. Of course, the course of instruction will also be required. For a fourth offense DUI occurring any time after three prior offenses, the charge becomes a more serious felony punishable by $2,000.00 to $6,000.00 fine and two to five years imprisonment. At least six months of any sentence of imprisonment must be served and is not subject to suspension of any kind. Again, the course of instruction must also be taken. To summarize, for a second, third or fourth or greater offense, in Delaware, the drinking driver, if convicted, will always go to jail. In addition to giving you a ticket charging you with an offense under the above referenced guidelines (note that offenses from other States are also counted so long as they are violations of a Statute similar to Delaware's Statutes), the officer, at the time of arrest, will take your Delaware license and issue you a slip of paper serving as a temporary license. Although the form the police use is somewhat confusing, this temporary license is good for only 15 days and unless you request the Department of Motor Vehicle to schedule a hearing regarding whether or not your license should be taken, the temporary license will expire in 15 days. At that point, you will have no license to drive a vehicle. If you allow the temporary license to expire without requesting a hearing or if you request a hearing and subsequently lose the administrative hearing at the Department of Motor Vehicle, your license will be revoked as follows: (a) If you have taken the chemical test demanded by the police officer at the time of the arrest, your revocation will be a period of three months for a first offense, one year for a second offense and 18 months for more than two offenses. (b) If you refused the chemical test at the time of your arrest, the revocation will be for a period of one year for a first offense, 18 months for a second offense and 24 months for a third or greater offense. In addition to the license revocation set forth above, you will also be required to take a drinking/driving educational course and this course must be completed before your license can be restored. In terms of early reinstatement of driving privileges after revocation by the Department of Motor Vehicle, you will be required to serve at least a six months period of license suspension. Eric Mooney : A jury has a certain number of men and women who are selected to inquire into factual matters in criminal and civil proceedings. The sworn jury is known as the "Trier of Fact" because the jurors contemplate and decide factual issues, not legal issues. For example, a jury may decide what weight to give a piece of evidence or a person's testimony, but it has no authority to decide whether a statute of limitations has run out, or whether evidence is hearsay.There are various types of juries, from grand juries, which decide if a trial should even be pursued, to petit juries, which decide factual issues in criminal and civil trials. Jury Size & Make-UpThe size of a jury will vary from state to state, though 12 is common. Although the U.S. Constitution does not set a certain number of jurors, the U.S. Supreme Court has suggested that as few as 6 jurors is constitutionally permissible. A defendant has the right to an impartial jury composed of a representative cross-section of the community. When selecting the jury, lawyers cannot excuse a juror because of race or sex. This illustrates a court's diligence to reflect the sociological make-up of the community, so no biases arise that were not already present.Right to a JuryFor misdemeanors and felonies, defendants are entitled to sit before their peers and be judged on their guilt or innocence. Generally, conviction for a serious crime cannot occur unless: A jury has delivered a verdict You have waived your right to a jury You have entered a plea of guilty Unanimous VerdictThe U.S. Constitution does not mandate, and federal courts will not require, a jury to reach a unanimous agreement on a verdict. However, many states require juries to reach unanimous verdicts for capital crimes and felonies, but not misdemeanors. Ferry & Joseph :The alcohol you drink, after reaching the stomach, is absorbed into the blood.When the alcohol reaches the brain, it affects a person's judgment,coordination and reaction time. When police officers suspect a person is underthe influence, they usually want to conduct a test to determine blood alcoholconcentration (BAC), the percentage of alcohol in a person's bloodstream. Thefollowing types of tests are permitted: breath, blood and urine. Breath testsare most common, especially when a person is stopped by police while driving amotor vehicle. Blood tests are more common when there has been an accident, orwhere drug usage is suspected. Urine tests are rare. If properly done, allthree tests are regarded as reliable and are admissible in Court to provewhether or not a person is under the influence. Breath tests are not mandatory,but there can be sanctions, such as loss of license and driving privileges, forrefusal. Blood tests are mandatory. Richard Wier :Driving While Intoxicated (DWI) is considered a serious crime in every state.Drinking alcohol or taking drugs may affect your ability to operate cars, boatsor industrial equipment in a safe manner. It is against the law in every stateto drive under the influence of alcohol or drugs if you cannot safely operatethe vehicle. DWI and Driving Under the Influence (DUI) refer to the same crime.If the police observe you driving erratically or violating traffic laws, theyare permitted to stop and question you for a DWI violation. If they suspectthat you are intoxicated, they can ask you to submit to various tests,including a blood alcohol test. Joseph Giordano : Most DUI cases have a criminal side and a civil side. The DUI arrest results in criminal charges, which carry severe penalties. What most drivers do not realize is that a DUI arrest also initiates a civil proceeding against your driving privileges called an administrative license revocation (ALR).If you are charged with DUI in Delaware, you have 15 days to request an administrative license revocation hearing (ALR) to challenge the suspension of your license. If you do not request the hearing within 15 days of your arrest, then your license will automatically be suspended. James Folsom: Being involved in the legal system can be a stressful, frustrating, and intimidating experience for non-lawyers and not just for the people who have been drawn into legal conflicts. Their families face hardships and difficult decisions as well. Florida Georgia Hawaii -Oahu Paul Cunny : The Fourth Amendment expressly protects "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." Usually, the prohibition against unreasonable searches and seizures requires police officers to obtain a warrant before performing a search or arresting someone. Although there are several exceptions to the warrant requirement, police officers cannot normally search someone's home without a warrant. In fact, as people have a heightened expectation of privacy in the home, the U.S. Supreme Court has historically afforded the highest level of protection to the right of privacy in the home. John Burge :Driving Under the Influence of Alcohol, or drugs, is a very common crime. Itusually is heavily enforced, due to close scrutiny by groups such as MothersAgainst Drunk Driving. This crime also effects the most average, everydaycitizens. Since the required blood alcohol content (BAC) is so low (.08) inHawaii, it is easy to get arrested if you have as little as two beers, anddrive. Timothy I. Mac Master :In our country, all persons charged with committing a crime are innocent untilproven guilty. You are legally innocent unless you are proven guilty. Even ifyou were DUI, a knowledgeable and skilled attorney may be able to help you to"stay innocent" by avoiding a conviction. EarlePartington If you are arrested for driving under the influence of intoxicating liquor ordrugs, you are in serious trouble. You will face two separate and complex proceedings, one civil and one criminal, that must be dealt with at the sametime. Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska New Hampshire New Jersey New Mexico Nevada New York North Carolina North Dakota Grand Forks-Fargo Steven Light -sponsor attorney How to Handle Your DUI Arrest Even though you've been arrested for DUI, you don't have to let it ruinyour life. You may not realize it yet, but if you are thinking aboutsimply going to court and pleading guilty to your DUI charge you may becheating yourself. You see, a qualified attorney can review the case for defects, suppressevidence, compel discovery of such things as calibration andmaintenance records for the breath machine, have blood samplesindependently analyzed, obtain expert witnesses all of which may helpyou to win your case at trial. To find out what you need to know about your DUI arrest I've developeda website to give you a wealth of useful information . . . informationwhich will show you how you may be able to save your license and yourfreedom . . . and possibly avoid fines, fees, and sharply increased carinsurance costs of as much as $6,800. For the most part, my easy-to-navigate site has information on it whichyou can't get anywhere else unless you are willing to do a great dealof legal research. When you're on my site, you'll also learn how you can get a free,no-obligation consultation where I'll review your case and show you howI may be able to save your license and your freedom. Omdahl Law Office: These criminal charges as well as rape or theft require the representation of an experienced lawyer. George Ulseth :You can be arrested by driving while over the legal BAC in your state or whileimpaired, however, you need not actually operate the car in order to bearrested. You may be found guilty if you had the capability and power todominate, direct, or regulate the vehicle, regardless of whether you wereexercising that capability or power at the time of the arrest. Simply sittingbehind the wheel with the keys in the ignition can lead to your arrest for DUIby being in "actual physical control" of the car. Kirschner Law Firm : If you are charged with a crime, you are in serious trouble. You can be sent to jail, forced to pay substantial fines, and costs, and can be found civilly liable for the same conduct and be required to pay damages to the alleged victim. It is very important that you obtain experienced, knowledgeable and aggressive representation to handle your case. Ohio Oklahoma Oregon Pennsylvania Rhode Island Cranston Schreiber & Schreiber : The first line of defense is to challenge the reason that you were stopped. There are bad stops! There are many things that you need to do before appearing before a judge. Providence James Howe : If you have been arrested for DUI or DWI in Rhode Island within the last 10 days, you must act quickly to save your license. Even if it has been more than 10 days since the arrest, you may be able to reduce, delay and/or prevent many, if not all, of the DUI arrest consequences. Being arrested for drunk driving, driving under the influence (DUI), or driving while intoxicated (DWI) can be an unsettling proposition, to say the least. A DUI - DWI conviction in Rhode Island carries with it heavy penalties, including: A permanent criminal record Suspension or loss of license Increased insurance rates Community service Possible jail or prison time Alcohol assessment and treatment Probation Vehicle immobilization or forfeiture Serious fines Possible job loss If you have been arrested or accused of drunk driving, DUI, DWI, vehicular homicide, or any other alcohol-related criminal offense, you need to hire well qualified legal counsel. The selection of an experienced attorney is the first step towards regaining control of your life. Pelletier & Mirza : DUI Questions Whatconstitutes 'drunk driving"? Drivingunder the influence of alcohol, as it is usually called, is probablyone of the most commonly committed crimes. Yet, the crime is oftencommitted by non-criminal types-respectable members of the communitywho have never before had any trouble with the law. The driver of amotor vehicle need not be "drunk" to be convicted of operating ordriving under the influence of alcohol. All that need be shown is thatthe driver or operator is affected by the alcohol to the extent whichrenders him or her incapable of safely operating a motor vehicle. Aperson may not seem to be "drunk" but if his or her reflexes have beenimpaired by drinking, he or she can be convicted for driving under theinfluence. Under Rhode Island law, there is no requirement that the driving be on a public road. Aperson may be convicted for operating or driving a vehicle anywhere inthe state. It is conceivable that someone could be convicted fordriving under the influence while he or she was pulling in or backingout of a private driveway or driving in a parking lot. All that need beshown is that the person was driving and was under the influence of anintoxicating liquor to a degree that rendered the driver incapable ofsafe operation at the time he or she was driving. Under Rhode Island 'sdrunk driving law, a person can also be found guilty of driving underthe influence if at the time of driving, he or she had a blood alcoholcontent of . 1 0 or more. The blood alcohol content becomes the crimeitself. Our new law is known as a per se law. What happens if I am stoppedby the police for driving under the influence? If a police officer has reasonable groundsto believe that you are operating a motor vehicle while under theinfluence of an intoxicating liquor, he/she may ask you to performcertain tests, known as field sobriety tests, to determine whether youare actually under the influence of an intoxicating liquor. The fieldsobriety tests vary in number and kind and each police departmentfavors certain tests over others. The standardized field sobriety testsconsist of the "one-leg stand" test, the "walk and turn" test, and the"horizontal gaze nystagmus" test. After completion of the fieldsobriety tests, the police officer may, based upon his or herobservations, arrest you for driving under the influence, advise you ofyour constitutional rights and ask you to submit to a chemical test.Most police departments in Rhode Island use a breath test,although the police actually have the option of giving you either abreath test, a urine test, or a blood test. Under Rhode Island law, you have the right to refuse to take any of the chemicaltests. What happens if I refuse to take a chemical test? In Rhode Island ,anyone who operates a motor vehicle is deemed to have given his/herconsent to take a chemical test if a police officer reasonably believesthat person is driving under the influence of an intoxicating liquor.The following administrative as opposed to criminal, penalties will beimposed after a hearing if you refuse to take a chemical test and are afirst-time offender: A. a minimum fine of $200-$500; B. a highwayassessment fee of $500; C. a criminal/juvenile justice informationsystem's fee of $147; D. 3 to 6 months loss of license; E. 1 0 to 60hours of community service; and F. attendance at a special course forthose convicted of driving while intoxicated. in addition, after thesuspension period has expired you will have to pay a reinstatement feeand additional assessments prior to license reinstatement. Theadministrative penalties are mandatory and cannot be suspended orreduced by an Administrative judge. There are further and stricterpenalties for subsequent violations for the same offense. Some policedepartments are satisfied with an administrative conviction for refusalto submit to a chemical test. Other police departments prosecutecriminally for driving under the influence even without the benefit ofa breath, blood or urine test evidence. Some police departments willprosecute a suspected drunk driver both administratively (for refusal)and criminally (for DWI). What happens if I agree totake a chemical test? As previously stated, most police departments use breathtesting equipment to test the amount of alcohol in a person's blood.The machines test the amount of alcohol a person has in his or herlungs, and make a mathematical computation to convert breath alcohol toblood alcohol. If you agree to take the test the police will have acertified breath test operator utilizing certified breath-testingequipment. The breath test consists of two phases, that is, twoseparate readings are taken at least 30 minutes apart. If your blood-alcohol content (BAC) level is . 1 0 or greater, the police have strongrebuttal evidence of your guilt of driving under the influence. Attrial, the court is allowed to draw the inference that BAC at the timeyou were driving was the same as when the test was administered. If youagree to take the breath test, the police must advise you of your rightto have an additional test taken at your own expense, and the policemust give you reasonable opportunity to exercise this right. Inaddition, in both refusal cases and in drunk driving cases, the policemust advise you immediately after your arrest of your right to beexamined by a physician of your choosing at your expense. What happens if the readingsindicate that I am intoxicated? In RhodeIsland chemical test readings of .1 0 or moreare sufficient, without any further evidence, to sustain a convictionfor driving under the influence of alcohol. You-, of course, have theright to present evidence to rebut any evidence of intoxicationincluding evidence which rebuts or calls into question the chemicaltest result. This rebuttal evidence can take many forms and an attorneyshould be consulted with respect to preparing a defense on any chargeof driving under the influence. What happens if I am foundguilty of driving under the influence? Driving under the influence is a criminaloffense. The minimum penalties for driving under the influence are asfollows: A. a fine of $100-$300; B. 1 0 to 60 hours of communityservice; C. 3 to 6 months loss of license and/or up to one year injail; D. a $500 highway assessment fee; E. a criminal/juvenile justiceinformation system's fee of $147.00; and F. attendance at a specialcourse for those convicted of driving while intoxicated. There arestricter penalties, including a mandatory jail sentence, for second andsubsequent violations and convictions. All of the criminal penalties,including jail sentences for second and third convictions, aremandatory and cannot be suspended or reduced by a judge. Louis Serio: There are very important decisions to be made related to blood tests, breathtests, and a doctor's examination immediately after being arrested. JohnTarantino : Bibliography Warwick Jan Head Drunk driving is not a social problem, it is a crime. The biggest problem tothe individual charged with DUI is that it is one of the few crimes where theprimary evidence against you is provided by you, yourself and without yourconsent. This is done by your mannerisms at the time you're stopped, yourspeech pattern, field sobriety test, the breath test, and in the case of anaccident sometimes a blood test. Woonsocket Richard Kyte : You should consult an attorney for individual advice regarding your own situation. South Carolina South Dakota Day Morris & Schreiber: You should consult an attorney for individual advice regarding your own situation. Jack Hagopian : If you or someone you know is charged with a crime, choosing experienced quality legal representation can be the single most decision made about the case. Every good criminal defense attorney must be a good experienced trial attorney. Every lawyer, like every doctor or other professional, has his first surgery or case. When your future is on the line, you need someone who has the experience to advise you whether to go to trial or not and the reputation to back it up. Quite often, cases do plea bargain at the last minute and it is a great advantage to have an attorney who is known to aggressively try and win cases. Bantz, Gosch & Cremer : There is an inequality of power and material resources in the criminal justice system. The government has a large staff of lawyers, police and agents, sophisticated crime labs and experts, and a huge budget provided by the taxpayers. This gives them a tremendous advantage because the legal system is based on the premise that "the whole truth" is that presented at the trial. If a defendant cannot challenge the government's case, or submit his or her own witnesses, then the jury by default will probably accept as true whatever evidence the prosecutor produces. Timothy Rensch David Palmer : Your right to an impartial trial means that your case should be decided by ajudge or jurors who do not have preconceived notions about the type of offensebeing charged. It also means that your case should be decided by a judge orjurors who have not already made up their mind about your guilt. John Wilka: It is important to remember that not all is lost when you are arrestedit is not against the law to be over the legal limit at police station, only when you are behind the wheel. Tennessee Texas Utah Vermont Bradley Myerson -Manchester Center:In Vermont, a conviction of D.W.I. 1st offense, which includes either OperatingUnder the Influence or Operating With at Least .08% of Alcohol in the body,carries a minimum 90 days license suspension with the maximum fine of $750.00,and Court fees. In addition, you will need to successfully complete alcoholeducation screening, and if necessary counseling (at your expense) in order tobe eligible to get your license back, at which time you would also have to paya $50.00 reinstatement fee. Your auto insurance rates will also skyrocket asyour agent will have to file proof of insurance with the State of Vermont. Ifyou are a licensed driver in another State and are convicted of D.W.I. inVermont, you will be subject to the same fines and penalties, and your right todrive will also be suspended for 90 days. There will almost certainly beconsequences in your Home State which may include license suspension for longerthan 90 days as Vermont will report your suspension to your Home State. I havethe experience, determination and skill to defend your D.W.I. charge and tohelp protect your license. Kramer & Durkin-West Dover: In the event that a criminal charge goes to trial, an individual is entitled tolegal counsel to assist him/her at trial, and to ensure that all constitutionaland statutory protections are extended to the Defendant. Burlington Stephen MacKenzie : Is marijuana decriminalised in Vermont NO! many students mistakenly think that small amounts of marijuana are decriminalised here. Even a small quantity of marijuana can result in a criminal conviction, which will lead to a loss of eligibility for government guaranted student loans, employment opportunities, and other related unpleasantries. Murdoch & Hughes : A recent decision by Judge Kupersmith, relying on a decision of a three-justice panel of the Vermont Supreme Court, calls into question the viability of attacks on the DataMaster machine based upon violations of the fifteen-minute observation. White River Junction Michael Kainen : Frequent Drunk Driving Questions I had a buzz but I was not drunk, how can they get me for DWI/DUI? 1) Thirty years ago drunk driving meant that you were drunk. Public outcry and legislative desires to be tough on drunk driving have brought the legal limit down to .08 in most states. That is the level at which you are presumed impaired. You can be charged with DWI if you have a test below a .08. With field sobriety tests the State only needs to prove that you were slightly impaired. I wasnt even driving when they arrested me, how can they charge me with drunk driving? 2) Usually this happens in a couple of different scenarios. The first is where someone reports that you were driving erratically or that you appeared intoxicated. This person could be a store clerk, a bartender, or an angry spouse. An officer may show up at your door and ask you to submit to a test. Based on a number of factors, you could be charged with DWI/DUI. Another scenario is when someone leaves an establishment and realizes that they shouldnt be driving. They pull to the side of the road and fall asleep. An officer may approach the car to see if the occupant is okay and detect the smell of alcohol during the course of conversation. The officer never has to see you driving the vehicle. If you are in actual physical control of the vehicle, and the officer has probable cause to believe that you are impaired, you can be arrested. Actual physical control can be as simple as having the keys in the ignition while sleeping in the car. I need my license to get to work and to get my kids back and forth to school. Can I pay a higher fine and still keep my license? 3) No. In both Vermont and New Hampshire the suspension is absolute. There is no provision for work licenses or any other type of license that would allow you to operate a motor vehicle while under suspension. My friend was driving when we were in the accident. He took off before the police got there, and they arrested me. How can they do this? 4) You can be arrested if the police have probable cause to believe that you were driving, and you were impaired. You would probably want to take your case to trial. As part of your defense, it would be helpful if you could produce the phantom driver. Im guilty. I know I was wrong, is there anything you can do for me? 5) Maybe. There are very specific procedures that the police need to follow when investigating and processing someone for drunk driving. We can review the procedures to determine whether the officer made an error that would prevent the State from using your test result in court. We can negotiate with the State to try to lessen the impact regarding the amount of fine you could have to pay, or try to plea bargain to a lesser offense. In some instances we can waive your appearance at hearings so that you never need to set foot in a courtroom. I refused to submit to a test when the officer asked me, how can I figure out what my BAC was? 6) We have included a BAC calculator as part of this site. This is not intended to assist someone in determining whether or not they can operate legally (and safely), but merely to provide a guide in determining what your BAC may be. It is important to note that there are a variety of factors that may impact the accuracy of the BAC calculator. Virginia Washington Washington, DC : West Virginia Wisconsin Wyoming Other Countries Australia Canada China Beijing- Chen & Associates Denmark Christian Vinaa : + = England Singapore Raffles Law :When a driver is charged under section 67 or 68, evidence that he had at thematerial time a blood alcohol concentration in excess of 80mg of alcohol in100ml of blood creates a presumption that he was incapable of having propercontrol of the vehicle. The onus then falls on the accused to rebut thepresumption. He may not do so, however, by showing that he has a great capacityfor alcohol, since the specific limit set in section 70 is plainly intended topreclude the individual accused from introducing medical evidence as to hispersonal tolerance for drink. New Zealand Hawke's Bay- Bannister and vonDadelszen :The police officer who is dealing with you in these situations can take twoapproaches. The officer can make it easy for you or he/she can make it hard foryou. Invariably, if you, as a potential offender, are arrogant, obnoxious orabusive, you will be dealt with differently than a person who is polite andcordial. After all, it is the police who decide whether or not to release youthat evening. In many cases, the police will give a non-demanding offender alift home. Those who are offensive will, at the worst, find themselves lockedup in the cells to "sober up" or, at best, find themselves walking home.
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DUI / DWI, Drinking 
