To answer this question and a series of others that I will address over the coming days, let's begin with a quote of the United States Constitution - 4th Amendment:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Now, that language is quite heavy and is definitely not written in the plain language with which each of us speaks on a daily basis, so let me rephrase it in a way that is more readable and understandable:
An individual, his or her house, documentation, and personal property shall not be searched through or possessed for an unreasonable purpose (by the Government). Further, a warrant is required and may only be issued if probable cause that is supported by someone swearing to the truthfulness of his or her statement is presented to a Judge, and the sworn statement must specifically describe the place to be searched and the person or things to be taken.
So, to address this question, I use my experience as a former police officer and a attorneys">criminal Defense Attorney. Let me begin by describing a scenario that each of us witnesses on an almost daily basis. You are driving down the highway and see a car pulled onto the shoulder of a roadway and behind it is a black and white car with flashing red and blue lights. An officer is standing at the window of the vehicle, talking with the Driver, who is the only occupant. The officer tells the Driver that he wants to search the vehicle. What happens from here?
The general rule: An officer may stop and automobile if an officer possesses a reasonable and articulable suspicion that the motorist has violated a traffic law. Once the vehicle has pulled to the side of the road, the Fourth Amendment permits the officer to search the vehicle's interior by looking through the windows; This is the "plain view" or "plain sight" rule that has developed in case law and is part of the "automobile exception" to the warrant requirement of the 4th Amendment.
However, the trunk of a vehicle cannot be searched unless the officer has probable cause to believe that it contains contraband or the instrumentality's of attorneys">criminal activity, and similarly, the officer does not get to look into locked containers or a locked glove compartment unless the same type of probable cause is present. When the vehicle is impounded, its contents may be inventoried without a warrant, including the contents of the trunk and any containers inside it.
The rationale for permitting warrantless searches of cars is that the mobility of automobiles would allow drivers to escape with incriminating evidence in the time it would take police to secure a search warrant. The Court has held that a person expects less privacy in an automobile than at home and when you think about it, this is reasonable-you are driving down the road in a vehicle that anyone, not just an officer, may look through the windows and see what is inside.
As the Driver of the vehicle, you may do a couple of things:
1) Consent to the search, if you have absolutely nothing to hide or conceal in the vehicle and want to speed the process along; or
2) Refuse to allow the officer to search the vehicle.
If you elect to refuse the officer's request to search, you should ask the officer if you are under arrest, and if you are not, why he or she wants to search your vehicle. However, the officer may not give you a complete answer as to why he or she is asking to search the space. Denying an officer's request to search is not an admission of guilt, although, the officer may tell you that if you have nothing to hide you should permit the search.
The officer may insist on searching your car. Clearly state, "I am not giving consent to this search" but do as the officer instructed. Repeatedly, but politely and firmly repeat that you are not consenting to the search, as the likelihood of the statement being recorded is great, at least under most department policies. This recording will be invaluable in a later court proceeding, should one arise. But, no matter what you do, do not interfere with the search and do not touch the officer, as either of these actions is likely to get you arrested.
Also, the officer may place you in the patrol car or even handcuff you and have you sit on the curb while conducting the search. Again, this does not mean you are under arrest but will likely be labeled as an "officer safety" tactic. This usually occurs if there is only one officer and multiple occupants to a vehicle or if the officer knows that backup is not nearby. If the officer does handcuff you, DO NOT RESIST and provide a reason to arrest you.
Another situation that may arise is that an officer instructs the occupants out of a vehicle because he is going to search it. This type of search is one based on probable cause. For example, if the officer approaches a vehicle and smells what "training and experience" tells him or her is marijuana or another illegal substance, he does not have to obtain consent to search the vehicle. But, the officer may ask for consent because then there is little room to contest the search later, except for a claim that the search was not voluntary or freely given...i.e. that the search was coerced. Under this situation, even if you refuse consent, the officer may search the vehicle anyway. Again, if this happens, do not resist and do not create problems. You may always challenge the search in court and the more cooperative you were (in following instructions) the better result you may later obtain.
The information contained in this article is not specific to any state and if you find that you or your vehicle or property has been searched or seized, you should contact a attorneys">criminal defense lawyer without delay if you believe that your rights may have been violated. An good defense attorney will be able to answer your questions about what happened and determine whether you have a valid claim or case. And, it is very important that you advise your attorney of what happened as quickly as possible, especially if you are facing criminal charges as a result of the search since the evidence found as a result of the illegal search is likely to be excluded from any proceedings against you.
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Austin, Texas criminal defense attorney Adam Reposa goes to jail to start his sentencing for contempt of court from a 2008 case in Judge Breland's court. We were the only camera there as he walked in to get booked.
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http://www.youtube.com/watch?v=cFAk3geEiQM&hl=en
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http://www.youtube.com/watch?v=cFAk3geEiQM&hl=en
Felonies are grave attorneys">criminal offenses that often have severe punishments for those who performed them. As defined by the federal government, a felony is an offense that is punishable by at least one year in prison. In Wisconsin, the punishment for committed felonies includes a term in state or federal prison, and is often times coupled with a considerable fine. Felonies can result in the revocation of not only civilian privileges (licenses, appointments) but also civil rights. Civil liberties that may be taken away include the right to vote, the right to bear arms, and the right to serve on a jury. In some states, for certain severe cases, a felon may be sentenced to death. However, in Wisconsin the death penalty does not exist.
In Wisconsin there exist nine separate classes of felonies, ranging from Class A (having the highest level of punishment, life in prison) to Class I (having the lowest level of punishment, a fine and several years in prison). Examples of felonies include fraud, rape, theft, assault, and murder.
As opposed to a felony, a misdemeanor is typically defined as ''a lesser attorneys">criminal act.'' Misdemeanors are often times classified on different levels. In Wisconsin, there are three types of misdemeanor: Class A, Class B, and Class C. Each one represents a different level of severity in the wrongdoing of the attorneys">criminal individual. Typically, the further down the alphabet the classification letter lies, the lesser the attorneys">criminal offense. A Class C misdemeanor is punished less severely than one that falls under Class A. Despite the fact that misdemeanors are of a lower level of severity than felonies, they still are considered criminal offenses and will remain on one's criminal record.
Misdemeanors cover a wide range of offenses, and it is typically the judge's decision about what class offense has been performed. Examples of misdemeanors include marijuana possession, public intoxication, DUI, and basic assaults.
Typically the punishments for those who have committed misdemeanors include probation, fines or jail time. Jail time for misdemeanors is spent in a local jail, instead of a state or federal prison. Misdemeanants also experience the revocation of citizen privileges, but never their constitutional rights. This means that they can have licenses or appointments taken away, but freedoms such as the right to a fair and just trial or the freedom to choose where to live and work remain.
In Wisconsin there exist nine separate classes of felonies, ranging from Class A (having the highest level of punishment, life in prison) to Class I (having the lowest level of punishment, a fine and several years in prison). Examples of felonies include fraud, rape, theft, assault, and murder.
As opposed to a felony, a misdemeanor is typically defined as ''a lesser attorneys">criminal act.'' Misdemeanors are often times classified on different levels. In Wisconsin, there are three types of misdemeanor: Class A, Class B, and Class C. Each one represents a different level of severity in the wrongdoing of the attorneys">criminal individual. Typically, the further down the alphabet the classification letter lies, the lesser the attorneys">criminal offense. A Class C misdemeanor is punished less severely than one that falls under Class A. Despite the fact that misdemeanors are of a lower level of severity than felonies, they still are considered criminal offenses and will remain on one's criminal record.
Misdemeanors cover a wide range of offenses, and it is typically the judge's decision about what class offense has been performed. Examples of misdemeanors include marijuana possession, public intoxication, DUI, and basic assaults.
Typically the punishments for those who have committed misdemeanors include probation, fines or jail time. Jail time for misdemeanors is spent in a local jail, instead of a state or federal prison. Misdemeanants also experience the revocation of citizen privileges, but never their constitutional rights. This means that they can have licenses or appointments taken away, but freedoms such as the right to a fair and just trial or the freedom to choose where to live and work remain.
Driving home late one Saturday night, you glance in your rearview mirror and catch a glimpse of the dreaded red and blue flashing lights. The officer comes to your window and asks you to step out of the car. After some field sobriety tests, you're taken to the police station and charged with a DWI. You were out at a party, and your breathalyzer results are just over the legal limit of .08. Looks like case closed for you - right?
It's true; a large portion, even a majority of DWI-related arrests lead to a subsequent conviction in court. With so many laws requiring DWI suspects to submit to test after test, and wide use of breathalyzer devices despite fierce ongoing controversy over its reliability, it's little surprise that many people feel helpless when facing a DWI charge.
Unreasonable Search and Seizure - What it Means for DWI Arrests
The Fourth Amendment to the US Constitution states that: "The right of the people to be secure ... against unreasonable searches and seizures, shall not be violated ... but upon probable cause." This simple statement, in fact, is regarded as part of the highest law in the land, which means that it overrides and governs all other laws - including those associated with DWI. So, in short, despite having what appears like "ironclad" evidence in a DWI case, prosecutors cannot obtain a conviction if the initial arrest was made without probable cause.
The probable cause standard means that, in order to pull you over in the first place, a police officer must have a reasonable belief that you have or are committing a crime (driving while intoxicated). In court, a good DWI defense lawyer will question the presence of probable cause. Examples of valid probable cause include:
- Swerving erratically while driving
- Stopping abruptly for no reason
- Drifting between lanes
- Making excessively wide turns
- Driving at extremely high or low speeds
If the police officer cannot present solid justification that he had a good reason to pull you over, the violation of your Constitutional rights immediately voids any evidence against you resulting from the arrest, and your case is likely to be dismissed. For this reason, it is important that you try and note the following details during the arrest:
- Where you were going
- Your own level of intoxication (if any)
- What the police officer gave as the reason for the stop
- What the police officer asked you to do
It's true; a large portion, even a majority of DWI-related arrests lead to a subsequent conviction in court. With so many laws requiring DWI suspects to submit to test after test, and wide use of breathalyzer devices despite fierce ongoing controversy over its reliability, it's little surprise that many people feel helpless when facing a DWI charge.
Unreasonable Search and Seizure - What it Means for DWI Arrests
The Fourth Amendment to the US Constitution states that: "The right of the people to be secure ... against unreasonable searches and seizures, shall not be violated ... but upon probable cause." This simple statement, in fact, is regarded as part of the highest law in the land, which means that it overrides and governs all other laws - including those associated with DWI. So, in short, despite having what appears like "ironclad" evidence in a DWI case, prosecutors cannot obtain a conviction if the initial arrest was made without probable cause.
The probable cause standard means that, in order to pull you over in the first place, a police officer must have a reasonable belief that you have or are committing a crime (driving while intoxicated). In court, a good DWI defense lawyer will question the presence of probable cause. Examples of valid probable cause include:
- Swerving erratically while driving
- Stopping abruptly for no reason
- Drifting between lanes
- Making excessively wide turns
- Driving at extremely high or low speeds
If the police officer cannot present solid justification that he had a good reason to pull you over, the violation of your Constitutional rights immediately voids any evidence against you resulting from the arrest, and your case is likely to be dismissed. For this reason, it is important that you try and note the following details during the arrest:
- Where you were going
- Your own level of intoxication (if any)
- What the police officer gave as the reason for the stop
- What the police officer asked you to do
Driving while intoxicated (DWI) is a serious problem due to the scores of deaths caused due to drunken driving. DWI is the only misconduct attorneys">criminal offense for which postponed settlement cannot be received. DWI results in car accidents, highway injuries as well as death on road.
To avoid this, US government has set various prevention methods like DWI courts, blacklisting driver licenses, seizing the registration plates, increasing penalties, rehabilitation programs for alcohol abuse, fines, or open container bans.
Arrest of the driver: Laws of U.S. States
The United States has established DWI as an offense if the driver has blood alcohol concentration (BAC) at or above a proscribed level, 0.08 percent. Suspension of license is the common methodology for this offense. Administrative license suspension is also followed wherein licenses are taken away from the driver if he/she fails in the chemical test. Administrative license suspension laws are self-regulating and free from attorneys">criminal procedures.
Forty-five states allow some lawbreakers to drive if their vehicles have ignition interlocks which enable analysis of driver's breath and immobilize the ignition.
Information on defense is important to drivers to avoid being wrongly convicted for DWI. DWI defense helps in drivers claiming for their persecution
People have about 15 days to appeal. When people are detained for any offense, facing accusation may be a tiresome process. The likely penalty from a conviction includes the restraining of a driver's license, an augmenting insurance cost, fines or court costs.
A lawyer can help defend if he is able to prove against the following points :
the arresting officer made the arrest accurately
proper advise of the rights was given
The equipment used to test was working accurately
The office that governs the "standard field sobriety tests" should have effectively finished the National Highway Traffic Safety Administration Standardized Field Sobriety Testing student class before administer these tests. DWI defense lawyer help people in DWI defense if they know the various tricks and ways the officers use to arrest the person. Prior to the trial DWI defense lawyer will evaluate the officers to ensure that the tests were performed properly.
If the DWI defense lawyer finds out that the tests were not accurate, they can be proclaimed to the District Attorney or the jury about the tests results being defective.
To avoid this, US government has set various prevention methods like DWI courts, blacklisting driver licenses, seizing the registration plates, increasing penalties, rehabilitation programs for alcohol abuse, fines, or open container bans.
Arrest of the driver: Laws of U.S. States
The United States has established DWI as an offense if the driver has blood alcohol concentration (BAC) at or above a proscribed level, 0.08 percent. Suspension of license is the common methodology for this offense. Administrative license suspension is also followed wherein licenses are taken away from the driver if he/she fails in the chemical test. Administrative license suspension laws are self-regulating and free from attorneys">criminal procedures.
Forty-five states allow some lawbreakers to drive if their vehicles have ignition interlocks which enable analysis of driver's breath and immobilize the ignition.
Information on defense is important to drivers to avoid being wrongly convicted for DWI. DWI defense helps in drivers claiming for their persecution
People have about 15 days to appeal. When people are detained for any offense, facing accusation may be a tiresome process. The likely penalty from a conviction includes the restraining of a driver's license, an augmenting insurance cost, fines or court costs.
A lawyer can help defend if he is able to prove against the following points :
the arresting officer made the arrest accurately
proper advise of the rights was given
The equipment used to test was working accurately
The office that governs the "standard field sobriety tests" should have effectively finished the National Highway Traffic Safety Administration Standardized Field Sobriety Testing student class before administer these tests. DWI defense lawyer help people in DWI defense if they know the various tricks and ways the officers use to arrest the person. Prior to the trial DWI defense lawyer will evaluate the officers to ensure that the tests were performed properly.
If the DWI defense lawyer finds out that the tests were not accurate, they can be proclaimed to the District Attorney or the jury about the tests results being defective.
The state of Texas has a .08 blood alcohol concentration limit for intoxication. However, a driver may be issued a citation for impaired driving due to alcohol or drugs regardless of the amount of alcohol. Impairment can begin with the first drink. Depending on body weight, gender, and the food in one's stomach, a person's tolerance varies. In general, women, smaller people, and younger people do not have high tolerances.
Once you are stopped, you will be asked to take a blood or breath test. You can deny. However, you will then be automatically subjected to a 180 day driver's license. In the state of Texas, punishment for DWI depends on the number of previous convictions.
For a person's first DWI offense, they will spend between 72 hours and 180 days in jail. In addition, they are subject to fines up to $2,000 and their driver's license will be suspended for a minimum of 90 days and a maximum of a year. A second offense carries a possible fine of $4,000. An offender will spend between a month and a year in jail. Their driver's license will be suspended for a maximum of 2 years. If a person is convicted of DWI the third time, they face up to 10 years in prison, a $4,000 fine, and a driver's license suspension for up to 2 years.
If you are found in possession of alcohol and are under 21, the following will occur on the first offense: 30 day driver's license suspension, 8 to 12 hours of community service, alcohol-awareness classes and a fine of up to $500. If a second or third offense occurs, the driver's license can be suspended 180 days. If the offender is above the age of 17 they face a maximum of $2,000 in fines and 180 days in jail for the third offense.
If you are under the legal drinking age of 21 and are drinking and driving, the following will occur: 60 day driver's license suspension, $500 fine, 20 to 40 hours of community service, an alcohol awareness classes. Penalties increase with subsequent offenses.
The state of Texas has a zero tolerance rule. That means an individual under the age of 21 cannot possess any alcohol in their blood. The above consequences will occur if the amount of alcohol is very minimal. If the BAC is .08 or greater and the individual is 17 they face up to 180 days in jail.
If you are facing DWI charges contact, contact http://www.dwi-lawyers-austin.com for legal help.
Once you are stopped, you will be asked to take a blood or breath test. You can deny. However, you will then be automatically subjected to a 180 day driver's license. In the state of Texas, punishment for DWI depends on the number of previous convictions.
For a person's first DWI offense, they will spend between 72 hours and 180 days in jail. In addition, they are subject to fines up to $2,000 and their driver's license will be suspended for a minimum of 90 days and a maximum of a year. A second offense carries a possible fine of $4,000. An offender will spend between a month and a year in jail. Their driver's license will be suspended for a maximum of 2 years. If a person is convicted of DWI the third time, they face up to 10 years in prison, a $4,000 fine, and a driver's license suspension for up to 2 years.
If you are found in possession of alcohol and are under 21, the following will occur on the first offense: 30 day driver's license suspension, 8 to 12 hours of community service, alcohol-awareness classes and a fine of up to $500. If a second or third offense occurs, the driver's license can be suspended 180 days. If the offender is above the age of 17 they face a maximum of $2,000 in fines and 180 days in jail for the third offense.
If you are under the legal drinking age of 21 and are drinking and driving, the following will occur: 60 day driver's license suspension, $500 fine, 20 to 40 hours of community service, an alcohol awareness classes. Penalties increase with subsequent offenses.
The state of Texas has a zero tolerance rule. That means an individual under the age of 21 cannot possess any alcohol in their blood. The above consequences will occur if the amount of alcohol is very minimal. If the BAC is .08 or greater and the individual is 17 they face up to 180 days in jail.
If you are facing DWI charges contact, contact http://www.dwi-lawyers-austin.com for legal help.
The Fair Debt Collection Practice Act (FDCPA) is a statute that was added to the Consumer Credit Protection Act by Congress in 1978. The FDCPA sets forth guidelines for debt collection practices in order to protect consumers from abuse, allow for the validation of alleged debts, and ensure the rights of consumers. The FDCPA governs many different types of debt collectors, whether they be a dedicated agency, an individual, or a practicing attorney. As a consumer or business owner, understanding the rules outlined in the FDCPA will help you decide how best to approach a debt situation, whether you are debtor, creditor, or collector.
Practices Forbidden by FDCPA
The FDCPA prohibits debt collectors from engaging a variety of behaviors or practices considered to be abusive or unethical. For example, debt collectors may only contact a debtor during "normal" hours, defined as the time between 8 AM and 9 PM, unless permitted to do otherwise by the debtor.
In general, consumers' rights are heavily guarded by the FDCPA. Under the statute, a debtor can force a collection agency to refrain from further contact by a simple written notice. The only exceptions to this rule are a) notifying the consumer that collection efforts have ceased, and b) notifying the consumer of any further action, such as a lawsuit, that the creditor intends to pursue.
Other practices forbidden by the FDCPA include, but are not limited to:
Publishing the consumer's name or address on a list of debtors,
Using abusive language,
Contacting third parties about the debt (such as family, friends, neighbors, employers, etc.), and
Contacting a consumer who is known to be represented by an attorney.
Protocol Required by FDCPA
The FDCPA also obligates debt collectors to provide certain information about themselves and the creditor they represent. They must identify both themselves and the creditor, including both name and address, inform the consumer of their right to dispute the debt, and provide validation of a debt in the case of a formal dispute.
Debate over FDCPA
The process of debt collection is stringently regulated and highly technical. The FDCPA's provisions are enforced by the Federal Trade Commission. Furthermore, violations of the FDCPA also allow the affected private citizen(s) to sue to recover compensation up to $1,000, plus any damages caused by the violation.
Not everyone is happy with the FDCPA as it stands, however. In fact, the FDCPA has come under fire from both consumer advocates and industry representatives. In the former case, consumer advocates feel that the penalties allowed by the FDCPA are not sufficient deterrents to abusive collection practices, partially due to the fact that fines have not been scaled to inflation. On the other hand, the collection industry complains that the heavy regulations of the FDCPA promote frivolous and time-consuming lawsuits over minor technical details, and thus impedes their ability and right to collect on valid, legitimate debts.
For more information on the Fair Debt Collection Practices Act, or to learn more about dealing with debt as either debtor or creditor, visit the website of the Austin business lawyers of Slater & Kennon at http://www.slaterandkennon.com.
Practices Forbidden by FDCPA
The FDCPA prohibits debt collectors from engaging a variety of behaviors or practices considered to be abusive or unethical. For example, debt collectors may only contact a debtor during "normal" hours, defined as the time between 8 AM and 9 PM, unless permitted to do otherwise by the debtor.
In general, consumers' rights are heavily guarded by the FDCPA. Under the statute, a debtor can force a collection agency to refrain from further contact by a simple written notice. The only exceptions to this rule are a) notifying the consumer that collection efforts have ceased, and b) notifying the consumer of any further action, such as a lawsuit, that the creditor intends to pursue.
Other practices forbidden by the FDCPA include, but are not limited to:
Publishing the consumer's name or address on a list of debtors,
Using abusive language,
Contacting third parties about the debt (such as family, friends, neighbors, employers, etc.), and
Contacting a consumer who is known to be represented by an attorney.
Protocol Required by FDCPA
The FDCPA also obligates debt collectors to provide certain information about themselves and the creditor they represent. They must identify both themselves and the creditor, including both name and address, inform the consumer of their right to dispute the debt, and provide validation of a debt in the case of a formal dispute.
Debate over FDCPA
The process of debt collection is stringently regulated and highly technical. The FDCPA's provisions are enforced by the Federal Trade Commission. Furthermore, violations of the FDCPA also allow the affected private citizen(s) to sue to recover compensation up to $1,000, plus any damages caused by the violation.
Not everyone is happy with the FDCPA as it stands, however. In fact, the FDCPA has come under fire from both consumer advocates and industry representatives. In the former case, consumer advocates feel that the penalties allowed by the FDCPA are not sufficient deterrents to abusive collection practices, partially due to the fact that fines have not been scaled to inflation. On the other hand, the collection industry complains that the heavy regulations of the FDCPA promote frivolous and time-consuming lawsuits over minor technical details, and thus impedes their ability and right to collect on valid, legitimate debts.
For more information on the Fair Debt Collection Practices Act, or to learn more about dealing with debt as either debtor or creditor, visit the website of the Austin business lawyers of Slater & Kennon at http://www.slaterandkennon.com.
If you are arrested for drunk driving, there are a few things that you need to understand about your case. People can commonly confuse DUI and DWI but there is a definite difference between the two of them. If you are involved in a case such as this, you should consider contacting your Austin Jail Release lawyers as soon as possible so they can begin working on your case immediately.
Both DUI and DWI are acronyms for other sets of words which are driving while intoxicated and driving under the influence. DWI or driving while intoxicated is the more severe of the two types of charges that you could receive. A DWI means that you are above the legal intoxication limit. This means that when the police pull you over, they will most likely give you some type of breathalyzer test in order to measure your BAC. BAC or Blood Alcohol Concentration is the amount of blood to alcohol you have in your system at the moment that you take the test. The legal BAC in the state of Texas is .08%. If you are above this BAC then you are considered legally drunk by the state of Texas and will be arrested if you are pulled over and tested. If you are arrested for a DWI, your license is automatically suspended because you are driving while over the legal limit in Texas.
Once you are taken in to jail and booked, you will have a bail hearing to determine what the amount of your bail will be. If you haven't had any prior attorneys">criminal history, then they could possibly let you off with a lower bail or on your word that you will come back to appear in court. If you have had a prior attorneys">criminal background or are considered a flight risk then they will probably give you a higher sentence depending on the situation and circumstances. They will also assign you a trial date that you will be required to appear.
If it is your first DWI offense, then they will usually give you a fine as well as alcohol awareness classes that you need to take in a certain amount of time. Sometimes they will even add some type of community service hours that you are required to do. If you have already had a previous DWI, the fines and possibly even jail time can be more severe for your punishment.
A DUI is slightly different than the DWI because of the specific details of each of the cases. A DUI or driving under the influence means that you are arrested for drunk driving. Although you had been drinking, a DUI means that you were technically under the legal limit for the state of Texas which is .08%. If you were officially under the legal limit, then the police will not suspend your license because you were not legally intoxicated. Although this is different, the punishments and trial process is all still the same. If you are arrested on your first, you will have a less severe punishment than if it's your 2nd or more DUI.
Both DUI and DWI are acronyms for other sets of words which are driving while intoxicated and driving under the influence. DWI or driving while intoxicated is the more severe of the two types of charges that you could receive. A DWI means that you are above the legal intoxication limit. This means that when the police pull you over, they will most likely give you some type of breathalyzer test in order to measure your BAC. BAC or Blood Alcohol Concentration is the amount of blood to alcohol you have in your system at the moment that you take the test. The legal BAC in the state of Texas is .08%. If you are above this BAC then you are considered legally drunk by the state of Texas and will be arrested if you are pulled over and tested. If you are arrested for a DWI, your license is automatically suspended because you are driving while over the legal limit in Texas.
Once you are taken in to jail and booked, you will have a bail hearing to determine what the amount of your bail will be. If you haven't had any prior attorneys">criminal history, then they could possibly let you off with a lower bail or on your word that you will come back to appear in court. If you have had a prior attorneys">criminal background or are considered a flight risk then they will probably give you a higher sentence depending on the situation and circumstances. They will also assign you a trial date that you will be required to appear.
If it is your first DWI offense, then they will usually give you a fine as well as alcohol awareness classes that you need to take in a certain amount of time. Sometimes they will even add some type of community service hours that you are required to do. If you have already had a previous DWI, the fines and possibly even jail time can be more severe for your punishment.
A DUI is slightly different than the DWI because of the specific details of each of the cases. A DUI or driving under the influence means that you are arrested for drunk driving. Although you had been drinking, a DUI means that you were technically under the legal limit for the state of Texas which is .08%. If you were officially under the legal limit, then the police will not suspend your license because you were not legally intoxicated. Although this is different, the punishments and trial process is all still the same. If you are arrested on your first, you will have a less severe punishment than if it's your 2nd or more DUI.
It is becoming more and more common for people to cohabitate and start a family without getting married. Occasionally, this can complicate custody matters should the couple decide to separate, as child custody law can often be hazy in regards to relationships other than marriages. If you and your partner are considering going separate ways and you are concerned about how this will affect your relationship with your child, it may be beneficial to discuss your case in detail with an experienced family law attorney in your area.
In most cases, only the biological parents of a child have an inherent right to custody and visitation privileges. This means that relationships in which only one partner is the biological parent of the child, only he or she has parental rights. Unless the other partner establishes legal custody of the child, he or she has no claim to custody or visitation rights following a split.
In relationships in which both spouses are biological parents of the child, custody is much more akin to traditional divorces. Both parents have a natural right to some form of custody and visitation, although issues such as addiction or a history of abuse may lead to forfeiture of this right.
It is important to understand that, while the issues of legal custody involving unmarried, non-biological parents may be considerably more complicated than those involving biological parents, this does not mean that the love of a non-biological parent is any less important or profound. If you or someone you love is separating from a long-time partner and is concerned about how this will affect his or her relationship with a non-biological child, it may be beneficial to discuss his or her case with an experienced family attorney. To learn more about the process, please visit the website of the Austin family-law attorneys of Slater Kennon & Jameson, LLP.
In most cases, only the biological parents of a child have an inherent right to custody and visitation privileges. This means that relationships in which only one partner is the biological parent of the child, only he or she has parental rights. Unless the other partner establishes legal custody of the child, he or she has no claim to custody or visitation rights following a split.
In relationships in which both spouses are biological parents of the child, custody is much more akin to traditional divorces. Both parents have a natural right to some form of custody and visitation, although issues such as addiction or a history of abuse may lead to forfeiture of this right.
It is important to understand that, while the issues of legal custody involving unmarried, non-biological parents may be considerably more complicated than those involving biological parents, this does not mean that the love of a non-biological parent is any less important or profound. If you or someone you love is separating from a long-time partner and is concerned about how this will affect his or her relationship with a non-biological child, it may be beneficial to discuss his or her case with an experienced family attorney. To learn more about the process, please visit the website of the Austin family-law attorneys of Slater Kennon & Jameson, LLP.
It is a general belief that one won't need a lawyer to obtain benefits, whether disabled or otherwise, from the insurance companies or the social security administration. This is not generally true because many people are wrongfully denied of their claims and some although not denied outright but are significantly delayed. These people need legal help.
The disability attorney will help you with cases filed for social security disability claims. They can give you legal assistance and answers on about the benefits you are eligible for. They can also help you prove legally that you are considered disabled under social security policies. To prove that you are disabled from performing your daily work need an experienced lawyer who has thorough knowledge of the law.
Disability insurance protects people in cases of accidents that prevent them from working for a period of time. Insurance companies have in their employ doctors and nurses who sometimes deny the claims of people that they are disabled. People who encounter these situations need the legal help of the disability insurance attorneys. Observations point to high cases of success for people who engage the services of a disability attorney in these situations.
The disability insurance attorneys usually know the maneuvers and tactics of these insurance companies and they already know how to counter their actions. Winning these cases allow the claimants to have replacement income since the disability disallows them from work.
There maybe instances when individuals don't know that they are benefits they are eligible in and that there are several kinds of disability benefits for which they can be eligible. Depending on the facts, they may be entitled to one or more and they definitely need the legal services of the disability attorney or the disability insurance attorneys.
The disability attorney will also help you with the paperwork that is required by the social security administration. They will help you determine if you have passed all eligibility requirements to qualify for the claim. Follow through will also be done by these people so that, ultimately, you will receive your monthly disability benefits.
If your disability insurance claims are significantly delayed, depriving you of the needed replacements income, the disability insurance attorneys can definitely help you. Some insurance policies are sometimes confusing and can mislead you. They attorneys will do whatever it takes to protect you within legal limits.
Filling of applications for disability claims is not hard if you are assisted by these attorneys. You can have your monthly disability checks after they have successfully given you the legal assistance you need.
The disability attorney will help you with cases filed for social security disability claims. They can give you legal assistance and answers on about the benefits you are eligible for. They can also help you prove legally that you are considered disabled under social security policies. To prove that you are disabled from performing your daily work need an experienced lawyer who has thorough knowledge of the law.
Disability insurance protects people in cases of accidents that prevent them from working for a period of time. Insurance companies have in their employ doctors and nurses who sometimes deny the claims of people that they are disabled. People who encounter these situations need the legal help of the disability insurance attorneys. Observations point to high cases of success for people who engage the services of a disability attorney in these situations.
The disability insurance attorneys usually know the maneuvers and tactics of these insurance companies and they already know how to counter their actions. Winning these cases allow the claimants to have replacement income since the disability disallows them from work.
There maybe instances when individuals don't know that they are benefits they are eligible in and that there are several kinds of disability benefits for which they can be eligible. Depending on the facts, they may be entitled to one or more and they definitely need the legal services of the disability attorney or the disability insurance attorneys.
The disability attorney will also help you with the paperwork that is required by the social security administration. They will help you determine if you have passed all eligibility requirements to qualify for the claim. Follow through will also be done by these people so that, ultimately, you will receive your monthly disability benefits.
If your disability insurance claims are significantly delayed, depriving you of the needed replacements income, the disability insurance attorneys can definitely help you. Some insurance policies are sometimes confusing and can mislead you. They attorneys will do whatever it takes to protect you within legal limits.
Filling of applications for disability claims is not hard if you are assisted by these attorneys. You can have your monthly disability checks after they have successfully given you the legal assistance you need.
Breathalyzers have many problems. People don't administer them correctly. They are inaccurate. They aren't calibrated correctly. One problem that frequently isn't discussed is a breathalyzer's inability to determine the source of the alcohol it is detecting on a person's breath. This problem is mainly between the air coming from the lungs and that coming from the mouth or throat.
A breathalyzer's internal computer assumes that all air it is analyzing is alveolar air. Alveolar air is air from deep in the lungs. As such, the internal computer assumes that all alcohol it is detecting is from the lungs. Because of this assumption, the breathalyzer will take whatever amount of alcohol it detects and multiply it by the partition ratio. Unfortunately, all air that is expelled must pass through portions of the throat and all of the mouth. This means that if there is alcohol there, for whatever reason, it will be picked up by the air and carried into the breathalyzer.
While this may not sound like a big deal to those who assume that everyone who takes the breathalyzer is drunk, it is a big deal to those who have not had anything to drink and are merely guilty of good oral hygiene. How could they have a BAC over .08 with good oral hygiene? Well, it all comes down to the mouthwash or spray that is used. Breath fresheners and mouthwash contain alcohol. Listerine, in fact, is 27% alcohol. Scope is 19% alcohol. Atring-O-Sol is made up of 76% alcohol. Many might ask why mouthwash needs alcohol. Mouthwash uses alcohol because alcohol has long been known to kill germs and bacteria. For this reason, merely brushing your teeth and using mouthwash afterwards can result in a high reading on any breathalyzer machine.
The problem with assuming that mouth air alcohol is lung air alcohol is that the mouth air alcohol has not been absorbed by the stomach and intestines and passed into the blood that way. In addition, the teeth can trap alcohol which can be released into the breathalyzer.
The problem of Listerine drunks has gotten such attention that many mouthwash producing companies have started developing alcohol-free mouthwash options. A breathalyzer is incapable of differentiating between alveolar air, air from deep in the lungs which would have alcohol from the blood, and mouth, throat, or stomach alcohol which would not contain alcohol from the blood.
A breathalyzer's internal computer assumes that all air it is analyzing is alveolar air. Alveolar air is air from deep in the lungs. As such, the internal computer assumes that all alcohol it is detecting is from the lungs. Because of this assumption, the breathalyzer will take whatever amount of alcohol it detects and multiply it by the partition ratio. Unfortunately, all air that is expelled must pass through portions of the throat and all of the mouth. This means that if there is alcohol there, for whatever reason, it will be picked up by the air and carried into the breathalyzer.
While this may not sound like a big deal to those who assume that everyone who takes the breathalyzer is drunk, it is a big deal to those who have not had anything to drink and are merely guilty of good oral hygiene. How could they have a BAC over .08 with good oral hygiene? Well, it all comes down to the mouthwash or spray that is used. Breath fresheners and mouthwash contain alcohol. Listerine, in fact, is 27% alcohol. Scope is 19% alcohol. Atring-O-Sol is made up of 76% alcohol. Many might ask why mouthwash needs alcohol. Mouthwash uses alcohol because alcohol has long been known to kill germs and bacteria. For this reason, merely brushing your teeth and using mouthwash afterwards can result in a high reading on any breathalyzer machine.
The problem with assuming that mouth air alcohol is lung air alcohol is that the mouth air alcohol has not been absorbed by the stomach and intestines and passed into the blood that way. In addition, the teeth can trap alcohol which can be released into the breathalyzer.
The problem of Listerine drunks has gotten such attention that many mouthwash producing companies have started developing alcohol-free mouthwash options. A breathalyzer is incapable of differentiating between alveolar air, air from deep in the lungs which would have alcohol from the blood, and mouth, throat, or stomach alcohol which would not contain alcohol from the blood.
According to attorneys">criminal law, crimes are offences against the social order. In common law jurisdictions, there is a legal fiction that crimes disturb the peace of the sovereign. Government officials, as agents of the sovereign, are responsible for the prosecution of offenders. Hence, the attorneys">criminal law "plaintiff" is the sovereign, which in practical terms translates into the monarch or the people.
The major objective of attorneys">criminal law is deterrence and punishment, while that of civil law is individual compensation. Criminal offences consist of two distinct elements; the physical act (the actus reus, guilty act) and the requisite mental state with which the act is done (the mens rea, guilty mind). For example, in murder the 'actus reus is the unlawful killing of a person, while the 'mens rea is malice aforethought (the intention to kill or cause grievous injury). The criminal law also details the defenses that defendants may bring to lessen or negate their liability (criminal responsibility) and specifies the punishment which may be inflicted. Criminal law neither requires a victim, nor a victim's consent, to prosecute an offender. Furthermore, a criminal prosecution can occur over the objections of the victim and the consent of the victim is not a defense in most crimes.
Criminal law in most jurisdictions both in the common and civil law traditions is divided into two fields:
* Criminal procedure regulates the process for addressing violations of criminal law
* Substantive criminal law details the definition of, and punishments for, various crimes.
Criminal law distinguishes crimes from civil wrongs such as tort or breach of contract. Criminal law has been seen as a system of regulating the behavior of individuals and groups in relation to societal norms at large whereas civil law is aimed primarily at the relationship between private individuals and their rights and obligations under the law. Although many ancient legal systems did not clearly define a distinction between criminal and civil law, in England there was little difference until the codification of criminal law occurred in the late nineteenth century. In most U.S. law schools, the basic course in criminal law is based upon the English common criminal law of 1750 (with some minor American modifications like the clarification of mens rea in the Model Penal Code).
Types of criminal law are: Arrests and Searches, Drug Crimes, Juvenile Law, Drunk Driving / DUI / DWI , Parole, Probation, Pardons, Violent Crimes, White Collar Crimes and Military Law.
The major objective of attorneys">criminal law is deterrence and punishment, while that of civil law is individual compensation. Criminal offences consist of two distinct elements; the physical act (the actus reus, guilty act) and the requisite mental state with which the act is done (the mens rea, guilty mind). For example, in murder the 'actus reus is the unlawful killing of a person, while the 'mens rea is malice aforethought (the intention to kill or cause grievous injury). The criminal law also details the defenses that defendants may bring to lessen or negate their liability (criminal responsibility) and specifies the punishment which may be inflicted. Criminal law neither requires a victim, nor a victim's consent, to prosecute an offender. Furthermore, a criminal prosecution can occur over the objections of the victim and the consent of the victim is not a defense in most crimes.
Criminal law in most jurisdictions both in the common and civil law traditions is divided into two fields:
* Criminal procedure regulates the process for addressing violations of criminal law
* Substantive criminal law details the definition of, and punishments for, various crimes.
Criminal law distinguishes crimes from civil wrongs such as tort or breach of contract. Criminal law has been seen as a system of regulating the behavior of individuals and groups in relation to societal norms at large whereas civil law is aimed primarily at the relationship between private individuals and their rights and obligations under the law. Although many ancient legal systems did not clearly define a distinction between criminal and civil law, in England there was little difference until the codification of criminal law occurred in the late nineteenth century. In most U.S. law schools, the basic course in criminal law is based upon the English common criminal law of 1750 (with some minor American modifications like the clarification of mens rea in the Model Penal Code).
Types of criminal law are: Arrests and Searches, Drug Crimes, Juvenile Law, Drunk Driving / DUI / DWI , Parole, Probation, Pardons, Violent Crimes, White Collar Crimes and Military Law.
Reading the many DWI articles and summaries that are in newspapers and magazines shows that driving under the influence is a growing problem in the United States. Many states have enacted stronger DUI laws to prevent the problem from growing further and to help people understand the serious consequences of driving under the influence. What causes problems for many people is that they don't know the laws or don't understand how serious DUI is if they are arrested and convicted. Reading the many DWI articles and summaries available can help people to understand the consequences of driving under the influence and avoid being charged with a attorneys">criminal offense.
DWI Articles & Summaries Reviewing DUI
DUI is a attorneys">criminal offense in all 50 states in the U.S. It is often a misdemeanor offense, but can be charged as a felony if certain conditions are met. Several prior offenses can result in a felony charge in most states and some states have terms that outline aggravating factors that can result in a misdemeanor charge being elevated to a felony charge. Some of the most common aggravating factors are having an extremely high blood alcohol concentration level, driving under the influence with a child in the vehicle, or causing property damage or serious bodily injuries while driving under the influence. Many states have two ways in which a DUI case can be prosecuted. One of these theories is based on the physical impairment of the arrested individual. In this type of case, the prosecutor focuses on trying to prove that a defendant was too impaired to safely operate a vehicle at the time of their arrest. Testimony may come from police officers and focus on the defendant's appearance, performance of sobriety tests, driving behavior, and other factors that may show the defendant should not have been driving. The second theory is often known as the per se DUI theory. This is when the prosecutor will focus on the results of chemical testing done at the time of a defendant's arrest. If the test results show that the defendant's BAC exceeded the state's legal BAC limit, then the prosecutor can show that the defendant was guilty of DUI even if they did not appear to be impaired.
DWI Articles & Summaries Reviewing Administrative Penalties
In most states, you'll lose your driving privileges if you are arrested for driving under the influence, even if you are eventually found not guilty of the charge. Some states have an appeals process where you can appeal your suspension in writing and then get a hearing to determine the status of your driving privileges. If you don't have a qualified DUI lawyer to represent you during this hearing, you may lose out on the opportunity to get a temporary license that you can use until your trial date. This means you won't be able to get to work, drive yourself to medical and dental appointments, pick up your kids from school, or do any number of your normal daily activities. The DWI articles and summaries available show how valuable an attorney's representation and advice can be when you're trying to win back your driving privileges.
DWI Articles & Summaries Reviewing Criminal Penalties
Since DUI is a criminal offense, there is a range of criminal penalties available. In most states, these penalties include jail time, fines, court costs, alcohol and drug education, alcohol treatment, ignition interlock device installation, and probation. The sentencing will depend on a number of factors including your number of prior convictions, aggravating circumstances present in your case, and other circumstances. If you have a DUI attorney on your defense team, s/he can speak on your behalf prior to your sentencing and ask that the court be as lenient as possible. If you have accumulated several convictions, however, it is likely that you will be sentenced to the penalties allowed by law since you have broken the law several times.
DWI Articles & Summaries Reviewing Benefits of DUI Attorneys
Many DWI articles and summaries outline the benefits of working with an attorney who specializes in DUI defense. These benefits include better access to expert witnesses, more specialized knowledge of DUI law, and more experience defending people charged with DUI offenses. Working with a public defender or non-specialist attorney means you may not be getting the best possible defense. Choose to work with a DUI attorney and you'll have a better chance of winning your case and being able to move on with your life and continue to carry out your daily activities.
DWI Articles & Summaries Reviewing DUI
DUI is a attorneys">criminal offense in all 50 states in the U.S. It is often a misdemeanor offense, but can be charged as a felony if certain conditions are met. Several prior offenses can result in a felony charge in most states and some states have terms that outline aggravating factors that can result in a misdemeanor charge being elevated to a felony charge. Some of the most common aggravating factors are having an extremely high blood alcohol concentration level, driving under the influence with a child in the vehicle, or causing property damage or serious bodily injuries while driving under the influence. Many states have two ways in which a DUI case can be prosecuted. One of these theories is based on the physical impairment of the arrested individual. In this type of case, the prosecutor focuses on trying to prove that a defendant was too impaired to safely operate a vehicle at the time of their arrest. Testimony may come from police officers and focus on the defendant's appearance, performance of sobriety tests, driving behavior, and other factors that may show the defendant should not have been driving. The second theory is often known as the per se DUI theory. This is when the prosecutor will focus on the results of chemical testing done at the time of a defendant's arrest. If the test results show that the defendant's BAC exceeded the state's legal BAC limit, then the prosecutor can show that the defendant was guilty of DUI even if they did not appear to be impaired.
DWI Articles & Summaries Reviewing Administrative Penalties
In most states, you'll lose your driving privileges if you are arrested for driving under the influence, even if you are eventually found not guilty of the charge. Some states have an appeals process where you can appeal your suspension in writing and then get a hearing to determine the status of your driving privileges. If you don't have a qualified DUI lawyer to represent you during this hearing, you may lose out on the opportunity to get a temporary license that you can use until your trial date. This means you won't be able to get to work, drive yourself to medical and dental appointments, pick up your kids from school, or do any number of your normal daily activities. The DWI articles and summaries available show how valuable an attorney's representation and advice can be when you're trying to win back your driving privileges.
DWI Articles & Summaries Reviewing Criminal Penalties
Since DUI is a criminal offense, there is a range of criminal penalties available. In most states, these penalties include jail time, fines, court costs, alcohol and drug education, alcohol treatment, ignition interlock device installation, and probation. The sentencing will depend on a number of factors including your number of prior convictions, aggravating circumstances present in your case, and other circumstances. If you have a DUI attorney on your defense team, s/he can speak on your behalf prior to your sentencing and ask that the court be as lenient as possible. If you have accumulated several convictions, however, it is likely that you will be sentenced to the penalties allowed by law since you have broken the law several times.
DWI Articles & Summaries Reviewing Benefits of DUI Attorneys
Many DWI articles and summaries outline the benefits of working with an attorney who specializes in DUI defense. These benefits include better access to expert witnesses, more specialized knowledge of DUI law, and more experience defending people charged with DUI offenses. Working with a public defender or non-specialist attorney means you may not be getting the best possible defense. Choose to work with a DUI attorney and you'll have a better chance of winning your case and being able to move on with your life and continue to carry out your daily activities.
Probation is designed to offer courts an alternative to punishing a person with jail time. It can also be utilized as a part of a person's parole conditions. The intent is to free the individual from the physical containment of prison while still keeping their lives under tight restriction and monitoring. The threat is that if the conditions of the probation are broken, the person can easily find themselves back in jail (or in jail for the first time, depending on the situation).
Sometimes, people look at probation as an easy way to avoid prison. This is partially because prosecuting attorneys will sometimes present it as a "best case scenario" as part of a plea bargain or sentencing hearing. In reality, there is nothing easy about living under the strict conditions of a probationary sentence. It can make life extremely stressful not only for the person on probation, but also for their loved ones, friends, employers, and roommates.
The conditions of a person's probation are set by the court. If applicable, they tend to be relevant to the crime for which the individual is being sentenced. For example, if a person is charged with a crime relating to a DWI, their probation may include the condition that they not consume any alcoholic beverages. Other conditions can include curfews that place set times on when the person must be home, required work hours, restrictions on where the person lives, limits on who the person socializes or comes into contact with, and paying fines or fees.
In almost all cases, probation conditions include frequent meetings with a probation officer. This officer is responsible for determining whether or not the person is satisfying the requirements of their probationary sentence. The probation officer has a huge amount of control and influence over the life of the individual required to meet with them. In many cases, they can change the conditions of their probation with very little or no warning. A probation officer can search your residence at will, and report violations to the judge, resulting in revocation.
Clearly, probation is not as pleasant as many prosecuting attorneys make it out to be. If you are being put on probation, it is very important to have good legal representation to help negotiate the terms of your sentence.
Sometimes, people look at probation as an easy way to avoid prison. This is partially because prosecuting attorneys will sometimes present it as a "best case scenario" as part of a plea bargain or sentencing hearing. In reality, there is nothing easy about living under the strict conditions of a probationary sentence. It can make life extremely stressful not only for the person on probation, but also for their loved ones, friends, employers, and roommates.
The conditions of a person's probation are set by the court. If applicable, they tend to be relevant to the crime for which the individual is being sentenced. For example, if a person is charged with a crime relating to a DWI, their probation may include the condition that they not consume any alcoholic beverages. Other conditions can include curfews that place set times on when the person must be home, required work hours, restrictions on where the person lives, limits on who the person socializes or comes into contact with, and paying fines or fees.
In almost all cases, probation conditions include frequent meetings with a probation officer. This officer is responsible for determining whether or not the person is satisfying the requirements of their probationary sentence. The probation officer has a huge amount of control and influence over the life of the individual required to meet with them. In many cases, they can change the conditions of their probation with very little or no warning. A probation officer can search your residence at will, and report violations to the judge, resulting in revocation.
Clearly, probation is not as pleasant as many prosecuting attorneys make it out to be. If you are being put on probation, it is very important to have good legal representation to help negotiate the terms of your sentence.
If an individual is arrested, the record of the arrest and any ensuing conviction are preserved in that person's attorneys">criminal record. A attorneys">criminal record is a document that details all of an individual's past crimes and charges. These records typically include arrests, charges pending, and charges of which an individual has been cleared. These records do not go away unless an individual does something to make them go away.
Criminal records are maintained in databases which are maintained by local, state, and federal officials. These records are maintained on the various levels for the purpose of identifying people, employing people, issuing security clearances, immigration, as a source for developing suspects in ongoing investigations, and to enhance the sentence a convicted individual receives during criminal prosecutions. The last reason is particularly important because convictions for the same crime multiple times frequently results in a harsher penalty. This is true in instances like DWI convictions.
In many cases, law enforcement agencies will maintain their own individual database. Even though some of these databases are kept up by individual agencies, the reports and information contained within are frequently shared among multiple law enforcement agencies. This feature of shared databases frequently makes it easier for law enforcement agencies to develop potential suspects for crimes.
As well as being available to other law enforcement agencies, an individual's criminal record is commonly made available to the general public by virtue of the internet. Really, most information that concerns an individual's arrest and conviction record is available online. While this is true, juvenile offenders are not subject to having their records open to the public. Commonly, juvenile records are sealed, either automatically or through an action the juvenile has pursued to make sure his or her record is sealed.
Many individuals feel that it is a good idea to have criminal records available for perusal online, those who have ever committed a minor crime would disagree. This is because there is no distinction between the records of convicted killers as opposed to individuals who have been convicted of petty theft. This means that the presence of a criminal record subjects all criminals to the same consequences, even if the crimes were miles apart.
If you would like more information concerning criminal records and their negative effects, please visit [http://dallasexpungementlawyer.com/dallas_non_disclosure_lawyer.aspx]. The experienced team will be more than happy to answer any questions you may have concerning criminal records or any other portion of criminal law.
Criminal records are maintained in databases which are maintained by local, state, and federal officials. These records are maintained on the various levels for the purpose of identifying people, employing people, issuing security clearances, immigration, as a source for developing suspects in ongoing investigations, and to enhance the sentence a convicted individual receives during criminal prosecutions. The last reason is particularly important because convictions for the same crime multiple times frequently results in a harsher penalty. This is true in instances like DWI convictions.
In many cases, law enforcement agencies will maintain their own individual database. Even though some of these databases are kept up by individual agencies, the reports and information contained within are frequently shared among multiple law enforcement agencies. This feature of shared databases frequently makes it easier for law enforcement agencies to develop potential suspects for crimes.
As well as being available to other law enforcement agencies, an individual's criminal record is commonly made available to the general public by virtue of the internet. Really, most information that concerns an individual's arrest and conviction record is available online. While this is true, juvenile offenders are not subject to having their records open to the public. Commonly, juvenile records are sealed, either automatically or through an action the juvenile has pursued to make sure his or her record is sealed.
Many individuals feel that it is a good idea to have criminal records available for perusal online, those who have ever committed a minor crime would disagree. This is because there is no distinction between the records of convicted killers as opposed to individuals who have been convicted of petty theft. This means that the presence of a criminal record subjects all criminals to the same consequences, even if the crimes were miles apart.
If you would like more information concerning criminal records and their negative effects, please visit [http://dallasexpungementlawyer.com/dallas_non_disclosure_lawyer.aspx]. The experienced team will be more than happy to answer any questions you may have concerning criminal records or any other portion of criminal law.
On this beautiful Ithaca morning I have a few lingering thoughts concerning NY PSIs for DWIs.
The PSI (pre-sentence investigation) report is NOT a public document. Disclosure is limited to the defendant, defendant's attorney, the judge, and the prosecutor. In fact the report is usually held by the Court and can only be viewed by counsel and not copied nor circulated. Although I have had a number of Courts send me the report for viewing prior to sentencing this is more the exception than the rule.
Probation officers act as an agent of the Court. Their role is to assist the Court (the judge) in determining a fair and appropriate sentence. In certain criminal cases (other than DWIs) a client may opt for jail time in lieu of a lengthy period of probation. In NYS generally misdemeanor probation is three years and felony probation is five years. If Probation is recommended for a DWI it is usually not negotiated to a term of jail. DWI Probation (supervision) may be in addition to a term of jail but not in exchange for a term of jail.
The Purpose for probation in DWI cases is to assist the defendant in obtaining and maintaining sobriety. This specific and necessary purpose, namely to monitor (supervise) the defendant from drinking (any consumption of alcohol) or being in the presence of alcohol. A violation of probation by drinking, being around alcohol, or being in alcohol serving establishments generally results in a six month jail term. Sobriety is the goal. Treatment, classes, and rehabilitation are the means to reach and maintain an alcohol free life. With DWI probation this is taken very seriously, and there is no wiggle room for special events or for "I did not know" type excuses.
The PSI (pre-sentence investigation) report is NOT a public document. Disclosure is limited to the defendant, defendant's attorney, the judge, and the prosecutor. In fact the report is usually held by the Court and can only be viewed by counsel and not copied nor circulated. Although I have had a number of Courts send me the report for viewing prior to sentencing this is more the exception than the rule.
Probation officers act as an agent of the Court. Their role is to assist the Court (the judge) in determining a fair and appropriate sentence. In certain criminal cases (other than DWIs) a client may opt for jail time in lieu of a lengthy period of probation. In NYS generally misdemeanor probation is three years and felony probation is five years. If Probation is recommended for a DWI it is usually not negotiated to a term of jail. DWI Probation (supervision) may be in addition to a term of jail but not in exchange for a term of jail.
The Purpose for probation in DWI cases is to assist the defendant in obtaining and maintaining sobriety. This specific and necessary purpose, namely to monitor (supervise) the defendant from drinking (any consumption of alcohol) or being in the presence of alcohol. A violation of probation by drinking, being around alcohol, or being in alcohol serving establishments generally results in a six month jail term. Sobriety is the goal. Treatment, classes, and rehabilitation are the means to reach and maintain an alcohol free life. With DWI probation this is taken very seriously, and there is no wiggle room for special events or for "I did not know" type excuses.
I must admit, before I get started that this post on the Seattle DUI attorney blog is meant to serve two purposes. First, I want to let everyone know about a great DUI training and DWI training program that I took last weekend. Second, I want to show the instructor of the DWI training program (which was a field sobriety test certification class - otherwise known as FST) how easy it really is to rank well in Google for any keywords you want (in this case it's a variation of DUI training and FST training).
The great thing about this post is that I don't even have to change what I would normally change. Simply writing about the experience is enough (and this is exactly what I explained to him). The key to maximizing what you are doing online, though, is writing what you really want to say and then structuring it in a way that optimizes the way that Google looks at it.
I like to think it's kind of like structuring a brief for the court of appeals. There is a very specific way they like it. You may have the best arguments, but if it's not structured right the court just isn't going to look at it the same way. Same goes for the Wild Wild West that is the internet.
Okay, now, back to the actual article. I was lucky enough last weekend to participate in the field sobriety testing class offered by Lance Platt of Platt and Associates. Lance is a former police officer turned PhD, who wrote his thesis on the accuracy and reliability of the horizontal gaze nystagmus test (otherwise known as the HGN). You probably aren't surprised to learn he found the test was a crock of shit.
But, the cops still have to do their DWI training and DUI attorneys still want to learn how to beat the cops up in trial, so Lance is there to teach us everything he knows about the FSTs. And I must say, it's a great class. It's the same class the cops are taught, but with a slightly different bend to it, and not like you think.
The best way I can describe the DUI training Lance offers is that he teaches the class and then explains some of the science, or lack thereof, behind the tests. He knows who his audience is and plays to that a little, but not like you'd think. Instead of kowtowing to what we want to hear he uses his podium to teach us how we can use this information to benefit our clients. It really is great stuff.
The FST certification course is a three day course. Day one is spent on the investigation aspect of a DUI stop. It goes through the three phases of a DUI arrest from initial contact through arrest decision. Day two is spent learning how to properly administer the FSTs and recognize the clues. It includes taking and giving the tests, and, in our case, included getting drunk and seeing how good we could do (this was technically after the class had adjourned for the day). Day three is testing day.
One of the more interesting things I learned in this DWI training and DUI training class was that prosecutor's never want to take the course (he offers this course to whoever wants to take it - and I'd recommend everyone take it). That strikes me as really odd, because if winning your DUI case is what you really want to do (and it's what I really want to do), then knowing the weaknesses in your case is as important as knowing the strengths. Plugging up the holes is often half the battle.
In the end, I hope this post makes it to the first page of Google for DUI training, DWI training, and even Platt and Associates. It will prove two points. First, it will prove what a great class this is, for every DUI lawyer in the country. And second, it will prove I know what I'm talking about when it comes to internet marketing (which may be a side business for me some day).
The great thing about this post is that I don't even have to change what I would normally change. Simply writing about the experience is enough (and this is exactly what I explained to him). The key to maximizing what you are doing online, though, is writing what you really want to say and then structuring it in a way that optimizes the way that Google looks at it.
I like to think it's kind of like structuring a brief for the court of appeals. There is a very specific way they like it. You may have the best arguments, but if it's not structured right the court just isn't going to look at it the same way. Same goes for the Wild Wild West that is the internet.
Okay, now, back to the actual article. I was lucky enough last weekend to participate in the field sobriety testing class offered by Lance Platt of Platt and Associates. Lance is a former police officer turned PhD, who wrote his thesis on the accuracy and reliability of the horizontal gaze nystagmus test (otherwise known as the HGN). You probably aren't surprised to learn he found the test was a crock of shit.
But, the cops still have to do their DWI training and DUI attorneys still want to learn how to beat the cops up in trial, so Lance is there to teach us everything he knows about the FSTs. And I must say, it's a great class. It's the same class the cops are taught, but with a slightly different bend to it, and not like you think.
The best way I can describe the DUI training Lance offers is that he teaches the class and then explains some of the science, or lack thereof, behind the tests. He knows who his audience is and plays to that a little, but not like you'd think. Instead of kowtowing to what we want to hear he uses his podium to teach us how we can use this information to benefit our clients. It really is great stuff.
The FST certification course is a three day course. Day one is spent on the investigation aspect of a DUI stop. It goes through the three phases of a DUI arrest from initial contact through arrest decision. Day two is spent learning how to properly administer the FSTs and recognize the clues. It includes taking and giving the tests, and, in our case, included getting drunk and seeing how good we could do (this was technically after the class had adjourned for the day). Day three is testing day.
One of the more interesting things I learned in this DWI training and DUI training class was that prosecutor's never want to take the course (he offers this course to whoever wants to take it - and I'd recommend everyone take it). That strikes me as really odd, because if winning your DUI case is what you really want to do (and it's what I really want to do), then knowing the weaknesses in your case is as important as knowing the strengths. Plugging up the holes is often half the battle.
In the end, I hope this post makes it to the first page of Google for DUI training, DWI training, and even Platt and Associates. It will prove two points. First, it will prove what a great class this is, for every DUI lawyer in the country. And second, it will prove I know what I'm talking about when it comes to internet marketing (which may be a side business for me some day).
As of today, September 1, two new laws go into force that deal with DWIs in Texas. Section 724.017 of the Transportation Code is now expended to allow more situations where police can do a forced blood draw without a warrant. Mandatory warrantless blood draws are now allowed if a person is arrested for DWI, or BWI, the person refuses to submit to the taking of a specimen volutarily, and: 1) an individual other than the person arrested has suffered bodily injury and was transported to a hospital or other medical facility for medical treatment; 2) the person is arrested for DWI with a child passenger under 15; 3) the officer has reliable information that the person has been previously convicted of DWI two or more times; or 4) the officer has reliable information that the person has been previously convicted of DWI with a child passenger under 15, intoxication assault, or intoxication manslaughter.
The Legislature also tried to give some assurance to the health care providers that actually draw the blood persuant to a blood warrant, or mandatory blood draw. Section 724.017 of the Transportation code was amended to provide protection to those who take blood specimens according to "recognized medical procedures." However, this change in the law DOES NOT relieve a person from lability for negligence in the taking of a blood specimen. And there lies the danger to anyone that takes blood under these intrusive warrant/warrantless blood draws.
The Legislature also tried to give some assurance to the health care providers that actually draw the blood persuant to a blood warrant, or mandatory blood draw. Section 724.017 of the Transportation code was amended to provide protection to those who take blood specimens according to "recognized medical procedures." However, this change in the law DOES NOT relieve a person from lability for negligence in the taking of a blood specimen. And there lies the danger to anyone that takes blood under these intrusive warrant/warrantless blood draws.
All states in the U.S. designate a per se blood or breath alcohol level as the threshold point for an independent criminal offense. A second criminal offense of driving "under the influence" or "while impaired" is also usually charged in most states, with a permissive presumption of guilt where the person's blood alcohol concentration (BAC) is .08% or greater (units of milligrams per deciliter, representing 8 g of alcohol in 10 liters of blood).[4] Some states (e.g., Colorado) include a lesser charge, sometimes referred to as driving while ability impaired (this may apply to individuals with a .05% or above, but less than the .08 per se limit for the more serious charge.[4] Wisconsin, however, is the only state that continues to regard first offense drunk driving arrests as a forfeiture.[5]
The amount of alcohol intake to reach 0.08% may vary with the individual's body composition and state of health
Prior to increased emphasis on drinking and driving in the 1980s, standards of .10-.15% were in place. The legal limit for commercial drivers in New York is set at 0.04%.
The amount of alcohol intake to reach 0.08% may vary with the individual's body composition and state of health
Prior to increased emphasis on drinking and driving in the 1980s, standards of .10-.15% were in place. The legal limit for commercial drivers in New York is set at 0.04%.
Gone are the days when driving under the influence would go unnoticed on the road by neighborhood police.
As the number of accidents related to drunk driving increases on streets and highways, MADD and other advocacy groups continue to fight for state and federal legislation cracking down on DUI (driving under the influence) or DWI (driving while intoxicated) offenders.
Today, throughout the U.S. the strict levels of alcohol you consume before getting in your have been reduced from a legal limit of 0.10 BAC (blood alcohol content) to 0.8 BAC.
Many states even have Zero Tolerance laws prohibiting drivers under 21 from driving a vehicle under the influence of ANY amount of alcohol whatsoever.
A growing number of other states have also passed Administrative License Revocation (ALR) laws, which allow police to seize the license of any drivers who fail or refuse to take a breathalyzer test.
Typically, first-time DUI offenders face lighter penalties (in most states) than repeat offenders, who can face mandatory jail time as well as suspension or complete revocation of their license. Vehicle forfeiture, the legal right to vote or to own a gun may also be part of the DUI penalty equation.
To get back on the road, repeat offenders may often have to attend stringent DUI courses that may entail professional counseling, medical treatment, and/or face-to-face meetings with their accident victims - before getting their license back.
What to do if you're arrested or DUI? Not much, say some experts citing the "zero tolerance" attitude in many communities. A lawyer may help with some issues such as license suspension or revocation, but typically your sentence will not be reduced since DUI penalties are mandatory in most areas.
Elsewhere on the Web, find out more about other penalties drivers face for DUI or DWI offenses, where to find more information on DUI laws in your state, plus related news, statistics and legislation related to Driving Under the Influence ....
DUI FYI - One-stop browsing for information on DUI legislation, punishments for DUI that are common to most states, related news, FAQ, searchable DUI lawyers by state, related links.
State Drunk Driving Laws - Information on the criminal status of drunk driving offenses in all 50 U.S. states including penalties for aggravated drunk driving, repeat offenders, refusing drunk driving tests, and drunk driving with minors.
DUI / DWI Laws - Quick fact sheet with a table illustrating illegal blood alcohol concentration (BAC), license suspension or revocation, vehicle forfeiture, and open container laws in all 50 states.
III - Drunk Driving - Insurance Information Institute report with a sweeping overview of drunk driving legislation in the U.S. including states where statues hold alcoholic beverage servers liable in drunk driving cases.
MADD Online - Stats & Resources - Searchable database of current DUI laws for all 50 states, related statistics on drunk driving & underage drinking.
DUI Blog - California lawyer featuring regular rants on the topic, legal advice and insider information on pitfalls & dangers of presenting a drunk driving defense, current legislation, alcohol level testing, and DUI trends.
As the number of accidents related to drunk driving increases on streets and highways, MADD and other advocacy groups continue to fight for state and federal legislation cracking down on DUI (driving under the influence) or DWI (driving while intoxicated) offenders.
Today, throughout the U.S. the strict levels of alcohol you consume before getting in your have been reduced from a legal limit of 0.10 BAC (blood alcohol content) to 0.8 BAC.
Many states even have Zero Tolerance laws prohibiting drivers under 21 from driving a vehicle under the influence of ANY amount of alcohol whatsoever.
A growing number of other states have also passed Administrative License Revocation (ALR) laws, which allow police to seize the license of any drivers who fail or refuse to take a breathalyzer test.
Typically, first-time DUI offenders face lighter penalties (in most states) than repeat offenders, who can face mandatory jail time as well as suspension or complete revocation of their license. Vehicle forfeiture, the legal right to vote or to own a gun may also be part of the DUI penalty equation.
To get back on the road, repeat offenders may often have to attend stringent DUI courses that may entail professional counseling, medical treatment, and/or face-to-face meetings with their accident victims - before getting their license back.
What to do if you're arrested or DUI? Not much, say some experts citing the "zero tolerance" attitude in many communities. A lawyer may help with some issues such as license suspension or revocation, but typically your sentence will not be reduced since DUI penalties are mandatory in most areas.
Elsewhere on the Web, find out more about other penalties drivers face for DUI or DWI offenses, where to find more information on DUI laws in your state, plus related news, statistics and legislation related to Driving Under the Influence ....
DUI FYI - One-stop browsing for information on DUI legislation, punishments for DUI that are common to most states, related news, FAQ, searchable DUI lawyers by state, related links.
State Drunk Driving Laws - Information on the criminal status of drunk driving offenses in all 50 U.S. states including penalties for aggravated drunk driving, repeat offenders, refusing drunk driving tests, and drunk driving with minors.
DUI / DWI Laws - Quick fact sheet with a table illustrating illegal blood alcohol concentration (BAC), license suspension or revocation, vehicle forfeiture, and open container laws in all 50 states.
III - Drunk Driving - Insurance Information Institute report with a sweeping overview of drunk driving legislation in the U.S. including states where statues hold alcoholic beverage servers liable in drunk driving cases.
MADD Online - Stats & Resources - Searchable database of current DUI laws for all 50 states, related statistics on drunk driving & underage drinking.
DUI Blog - California lawyer featuring regular rants on the topic, legal advice and insider information on pitfalls & dangers of presenting a drunk driving defense, current legislation, alcohol level testing, and DUI trends.
DWI (Driving While Intoxicated) is a serious charge and if you have been arrested for driving while intoxicated you should seek legal help immediately.
Each year, states enact tougher DWI laws and more severe penalties for suspected drunk driving. You could lose your driver's license, be placed in jail and fined substantial fees. Your auto insurance rates may rise and you could end up with a criminal arrest record that could impact your future and your employment opportunities.
Using a drunk driving attorney who focuses specifically on DWI could make a difference in the outcome of your case. This is why it is important to use DWI.com to locate a qualified DWI Attorney in your area.
To locate a DWI Attorney now, use the map above and click on the state where your drunk driving case is located.
Why You Should Use DWI.com
DWI.com is a directory of only DWI Lawyers and DWI Attorneys and it represents some of the most qualified and experienced DWI Attorneys in the United States. The DWI lawyers in the directory, such as Austin DWI lawyers dedicate a majority of their criminal defense practice to DWI defense and understand the drunk driving laws and penalties in your state. It may be possible for a DWI Lawyer to get your case reduced or even dismissed. A Texas DWI or New York DWI can have strong penalties for first time offenders. That is why it is very important that you consult with a DWI lawyer within your state and even county, such as an Austin DWI lawyer, to discuss your options on how to handle your charge of Driving While Intoxicated.
What is a DWI?
DWI (Driving While Intoxicated or Driving While Impaired), DUI (Driving Under the Influence), OVI (Operating a Vehicle Under the Influence), OVWI (Operating a Vessel While Intoxicated), OUIL (Operating Under the Influence Liquor), OUI (Operating Under the Influence), APC (Actual Physical Control), DWAI (Driving While Ability Impaired), BWI (Boating While Intoxicated) and OWI (Operating While Intoxicated) are all different definitions of drunk driving charges in the United States. For example, Texas, New York, New Jersey and North Carolina laws refer to drunk driving as Driving While Intoxicated (DWI), while Florida and California laws refer to drunk driving as Driving Under the Influence (DUI).
All states have adopted drunk driving laws setting the standard for drunk driving or legal intoxication at a BAC (Blood Alcohol Content) level of .08 or higher. Some states will charge you with being impaired even if your BAC level is less then .08. New York will charge you with DWAI if your BAC level is between .05 and .07. Most states have Zero Tolerance Laws for drivers under the age of 21.
Can you lose your Driver's License for a DWI Arrest?
Yes! In fact, most states automatically start proceedings to suspend a person's driver's license immediately after an arrest for suspected DWI. Each state has a different time frame and procedure, but you will lose your license if you do not request a special hearing within a specific number of days after an arrest. In Texas the time frame is 15 days. In Arkansas it is just 7 days. You have one opportunity to keep your driver's license from being suspended. After that, it is difficult to get your license back regardless of the need or circumstances and despite the fact that a court of law may find you innocent. This is another reason why it is important to contact a DWI Attorney immediately and get professional help.
To learn more about DWI laws in your state, use the links below or contact the DWI Lawyers at DWI.com.
DWI Laws by State and Drunk Driving Information
Alabama Georgia Maine Nevada Oregon Virginia
Alaska Hawaii Maryland New Hampshire Pennsylvania Washington
Arizona Idaho Massachusetts New Jersey Rhode Island Washington, D.C.
Arkansas Illinois Michigan New Mexico South Carolina West Virginia
California Indiana Minnesota New York South Dakota Wisconsin
Colorado Iowa Mississippi North Carolina Tennessee Wyoming
Connecticut Kansas Missouri North Dakota Texas
Delaware Kentucky Montana Ohio Utah
Florida Louisiana Nebraska Oklahoma Vermont
All states in the U.S. designate a "per se" blood or breath alcohol level as the threshold point for an independent criminal offense. A second criminal offense of Driving While Intoxicated (DWI), Driving Under the Influence (DUI) or Driving While Impaired (DWI) is also usually charged in most states, with a presumption of guilt where the person's blood alcohol concentration (BAC) is .08% or greater. Several states include a lesser charge if the BAC level is .05% or above but less than .08%. For example, New York DWI Laws state that you will be charged with Driving While Ability Impaired (DWAI). Prior to wider emphasis on drinking and driving in the 1980s, standards of .10-.12% were in place. The legal limit for aircraft pilots and commercial drivers in the U.S. is set at 0.04%. All states observe a stricter standard for drivers under the age of 21, commonly of .01-.02%; these are often referred to as "Zero Tolerance" laws.
Unlike DWI, DUI and Drunk Driving cases that involve alcohol, there is no "per se" or legal limit used for persons accused of driving under the influence of prescription medication or illicit drugs. Instead, the key inquiry focuses on if the driver was impaired by the substance that was consumed. The detection and successful prosecution of drivers impaired by prescription medication (pain killers) or illegal drugs (marijuana) is therefore quite difficult. Similarly, although urinalysis toxicology screens can detect the presence of such substances in the driver's bloodstream, these analysis are unable to demonstrate that the substance was actually causing impairment at the time of driving. In response to these problems, several jurisdictions are currently considering legislation that would establish "zero tolerance" laws for those drivers arrested for DWI, DUI or Drunk Driving and found to have drugs or medication in their system. Additionally, manufactures have created new models of breathalyzers designed to administer roadside or laboratory tests that can detect the actual level of a controlled substance in an individual's body.
Many jurisdictions including Texas DWI Laws and New York DWI Laws require more serious penalties (i.e., jail time, large fines, longer DWI program, the installation of ignition interlock devices, administrative fees to maintain your driver license) in cases where the driver's Blood Alcohol Content (BAC) is over 0.20, or 0.15. These additional sanctions are an attempt to deter and punish the operation of a vehicle at extremely high BAC levels and the concurrent danger posed to the safety of persons and property by heavily impaired drivers. In many cases, the reason given for these additional sanctions is that an average person would have passed out from that much alcohol. To be able to drive at that level, an individual must have a regular history of being drunk for years to increase their alcohol tolerance to this level, and therefore is likely to have driven drunk repeatedly.
While there are currently no standard tests to measure alcohol tolerance, proponents of high-BAC additional penalties point to some studies that indicate that high-BAC offenders are more likely to be involved in a crash and more likely to recidivate. Critics of such laws point out that, due to the wide variation of alcohol tolerance, people with a high tolerance will suffer the additional penalties, even though they may be much less impaired than people with a low tolerance that were driving with a much lower BAC.
Some U.S. states also increase the penalties for DWI or drunk driving (even to the point of making it a felony) if certain other aggravating circumstances besides a very high BAC are present. For example, if the drunk driver caused an accident requiring the hospitalization of another person lasting greater than a specified period of time (often 72 hours), in cases where an accident resulted in property damage exceeding a certain amount (often $500), or where the driver has prior (and relatively recent) convictions for drunk driving. In addition, most states observe administrative laws that further penalize people convicted of DUI or DWI, typically enforced by the department that issues driver's licenses, usually titled Department of Motor Vehicles (DMV), or Department of Licensing.
Underage Drinking and Driving - Zero Tolerance Laws
Also, in many states, persons under 21 who purchase, or even attempt or conspire to purchase, alcohol can have their driving privileges suspended (if they already are licensed drivers) or delayed (if not) even if they were not caught actually driving while intoxicated. These laws, referred to as "Zero Tolerance Laws", are based on the belief that restricting alcohol availability and increasing sentencing based on damage done is contrary to all the evidence available from other jurisdictions. Australia and the UK have higher alcohol consumption rates, lower ages for alcohol consumption much lower sentencing regimes for DUI Manslaughter – and much lower incidences of DUI or DWI.
Each year, states enact tougher DWI laws and more severe penalties for suspected drunk driving. You could lose your driver's license, be placed in jail and fined substantial fees. Your auto insurance rates may rise and you could end up with a criminal arrest record that could impact your future and your employment opportunities.
Using a drunk driving attorney who focuses specifically on DWI could make a difference in the outcome of your case. This is why it is important to use DWI.com to locate a qualified DWI Attorney in your area.
To locate a DWI Attorney now, use the map above and click on the state where your drunk driving case is located.
Why You Should Use DWI.com
DWI.com is a directory of only DWI Lawyers and DWI Attorneys and it represents some of the most qualified and experienced DWI Attorneys in the United States. The DWI lawyers in the directory, such as Austin DWI lawyers dedicate a majority of their criminal defense practice to DWI defense and understand the drunk driving laws and penalties in your state. It may be possible for a DWI Lawyer to get your case reduced or even dismissed. A Texas DWI or New York DWI can have strong penalties for first time offenders. That is why it is very important that you consult with a DWI lawyer within your state and even county, such as an Austin DWI lawyer, to discuss your options on how to handle your charge of Driving While Intoxicated.
What is a DWI?
DWI (Driving While Intoxicated or Driving While Impaired), DUI (Driving Under the Influence), OVI (Operating a Vehicle Under the Influence), OVWI (Operating a Vessel While Intoxicated), OUIL (Operating Under the Influence Liquor), OUI (Operating Under the Influence), APC (Actual Physical Control), DWAI (Driving While Ability Impaired), BWI (Boating While Intoxicated) and OWI (Operating While Intoxicated) are all different definitions of drunk driving charges in the United States. For example, Texas, New York, New Jersey and North Carolina laws refer to drunk driving as Driving While Intoxicated (DWI), while Florida and California laws refer to drunk driving as Driving Under the Influence (DUI).
All states have adopted drunk driving laws setting the standard for drunk driving or legal intoxication at a BAC (Blood Alcohol Content) level of .08 or higher. Some states will charge you with being impaired even if your BAC level is less then .08. New York will charge you with DWAI if your BAC level is between .05 and .07. Most states have Zero Tolerance Laws for drivers under the age of 21.
Can you lose your Driver's License for a DWI Arrest?
Yes! In fact, most states automatically start proceedings to suspend a person's driver's license immediately after an arrest for suspected DWI. Each state has a different time frame and procedure, but you will lose your license if you do not request a special hearing within a specific number of days after an arrest. In Texas the time frame is 15 days. In Arkansas it is just 7 days. You have one opportunity to keep your driver's license from being suspended. After that, it is difficult to get your license back regardless of the need or circumstances and despite the fact that a court of law may find you innocent. This is another reason why it is important to contact a DWI Attorney immediately and get professional help.
To learn more about DWI laws in your state, use the links below or contact the DWI Lawyers at DWI.com.
DWI Laws by State and Drunk Driving Information
Alabama Georgia Maine Nevada Oregon Virginia
Alaska Hawaii Maryland New Hampshire Pennsylvania Washington
Arizona Idaho Massachusetts New Jersey Rhode Island Washington, D.C.
Arkansas Illinois Michigan New Mexico South Carolina West Virginia
California Indiana Minnesota New York South Dakota Wisconsin
Colorado Iowa Mississippi North Carolina Tennessee Wyoming
Connecticut Kansas Missouri North Dakota Texas
Delaware Kentucky Montana Ohio Utah
Florida Louisiana Nebraska Oklahoma Vermont
All states in the U.S. designate a "per se" blood or breath alcohol level as the threshold point for an independent criminal offense. A second criminal offense of Driving While Intoxicated (DWI), Driving Under the Influence (DUI) or Driving While Impaired (DWI) is also usually charged in most states, with a presumption of guilt where the person's blood alcohol concentration (BAC) is .08% or greater. Several states include a lesser charge if the BAC level is .05% or above but less than .08%. For example, New York DWI Laws state that you will be charged with Driving While Ability Impaired (DWAI). Prior to wider emphasis on drinking and driving in the 1980s, standards of .10-.12% were in place. The legal limit for aircraft pilots and commercial drivers in the U.S. is set at 0.04%. All states observe a stricter standard for drivers under the age of 21, commonly of .01-.02%; these are often referred to as "Zero Tolerance" laws.
Unlike DWI, DUI and Drunk Driving cases that involve alcohol, there is no "per se" or legal limit used for persons accused of driving under the influence of prescription medication or illicit drugs. Instead, the key inquiry focuses on if the driver was impaired by the substance that was consumed. The detection and successful prosecution of drivers impaired by prescription medication (pain killers) or illegal drugs (marijuana) is therefore quite difficult. Similarly, although urinalysis toxicology screens can detect the presence of such substances in the driver's bloodstream, these analysis are unable to demonstrate that the substance was actually causing impairment at the time of driving. In response to these problems, several jurisdictions are currently considering legislation that would establish "zero tolerance" laws for those drivers arrested for DWI, DUI or Drunk Driving and found to have drugs or medication in their system. Additionally, manufactures have created new models of breathalyzers designed to administer roadside or laboratory tests that can detect the actual level of a controlled substance in an individual's body.
Many jurisdictions including Texas DWI Laws and New York DWI Laws require more serious penalties (i.e., jail time, large fines, longer DWI program, the installation of ignition interlock devices, administrative fees to maintain your driver license) in cases where the driver's Blood Alcohol Content (BAC) is over 0.20, or 0.15. These additional sanctions are an attempt to deter and punish the operation of a vehicle at extremely high BAC levels and the concurrent danger posed to the safety of persons and property by heavily impaired drivers. In many cases, the reason given for these additional sanctions is that an average person would have passed out from that much alcohol. To be able to drive at that level, an individual must have a regular history of being drunk for years to increase their alcohol tolerance to this level, and therefore is likely to have driven drunk repeatedly.
While there are currently no standard tests to measure alcohol tolerance, proponents of high-BAC additional penalties point to some studies that indicate that high-BAC offenders are more likely to be involved in a crash and more likely to recidivate. Critics of such laws point out that, due to the wide variation of alcohol tolerance, people with a high tolerance will suffer the additional penalties, even though they may be much less impaired than people with a low tolerance that were driving with a much lower BAC.
Some U.S. states also increase the penalties for DWI or drunk driving (even to the point of making it a felony) if certain other aggravating circumstances besides a very high BAC are present. For example, if the drunk driver caused an accident requiring the hospitalization of another person lasting greater than a specified period of time (often 72 hours), in cases where an accident resulted in property damage exceeding a certain amount (often $500), or where the driver has prior (and relatively recent) convictions for drunk driving. In addition, most states observe administrative laws that further penalize people convicted of DUI or DWI, typically enforced by the department that issues driver's licenses, usually titled Department of Motor Vehicles (DMV), or Department of Licensing.
Underage Drinking and Driving - Zero Tolerance Laws
Also, in many states, persons under 21 who purchase, or even attempt or conspire to purchase, alcohol can have their driving privileges suspended (if they already are licensed drivers) or delayed (if not) even if they were not caught actually driving while intoxicated. These laws, referred to as "Zero Tolerance Laws", are based on the belief that restricting alcohol availability and increasing sentencing based on damage done is contrary to all the evidence available from other jurisdictions. Australia and the UK have higher alcohol consumption rates, lower ages for alcohol consumption much lower sentencing regimes for DUI Manslaughter – and much lower incidences of DUI or DWI.
Although alcohol-related traffic deaths continue to decline, as they have for decades, driving while intoxicated (DWI) or impaired (DUI) continue to be a serious problem. Internet resources are listed by category:
1. General Overview
2. DWI/DUI Issues
3. DWI/DUI Statistics
4. Judges/Courts/Laws
5. Prevention/Treatment
I. General Overviews of some of the issues surrounding DWI/DUI are found in
* What is Impairment?
* Alcohol as a Cause of Traffic Crashes
* DWI/DUI Facts and Fiction: Urban Myths
* Breathalyzer Accuracy Facts and Information
II. DWI/DUI Issues are addressed in
* Unreliable Alcohol Breath Tests in DWI/DUI Court Cases
* Alcohol-Related Traffic Crashes: A Cause
* Drugged Driving Safer than Drunk Driving?
* You Drink and Drive. You Lose
* Drunken Driving... Predictable, but Inevitable?
* Let Them Drink. Don’t Let them Drink and Drive
* Alcohol-Related Traffic Fatalities: Redistributing Death
* Drinker Tells doctor, Loses Driver’s License
* Drinking and Drugged Driving
* Death Penalty for DWI Offenders Proposed
* Alcohol and Driving Skills
III. DWI/DUI Statistics can be found in
* Intoxicated Driver Statistics
* Alcohol Consumption and Traffic Crashes
* Highway Traffic Fatality Statistics
* Alcohol-Related Traffic Crashes and Drunk Drivers
* Alcohol-Related Traffic Fatalities
* Alcohol-Related Doesn’t Equal Alcohol Caused
* Alcohol-Related Injuries and Fatalities
* Alcohol-Related Trafic Fatalities Drop
IV. Judges/Courts/Laws are the focus of these reports:
* DWI/DUI Laws of US States
* DWI/DUI Sobriety Road Blocks or Checkpoints
* Breathalyzer Accuracy and DWI/DUI Conviction Rates
* “Tough” and “Lenient” DWI/DUI Judges
* Tongue Studs and Breathalyzer Tests
* DUI/DWI and Soft Judges
V. Treatment/Prevention of DWI/DUI
* DWI/DUI Courts Work
* Protect Yourself from Drunk Drivers
* A Creative Approach to Reducing Drunken Driving
* Drunk Driving: We Can Prevent It
* Doctors for Designated Driving
* Improving Vehicle Safety
* Impaired Driving Prevention Program
* Confiscating Drivers Licenses and Fake IDs
1. General Overview
2. DWI/DUI Issues
3. DWI/DUI Statistics
4. Judges/Courts/Laws
5. Prevention/Treatment
I. General Overviews of some of the issues surrounding DWI/DUI are found in
* What is Impairment?
* Alcohol as a Cause of Traffic Crashes
* DWI/DUI Facts and Fiction: Urban Myths
* Breathalyzer Accuracy Facts and Information
II. DWI/DUI Issues are addressed in
* Unreliable Alcohol Breath Tests in DWI/DUI Court Cases
* Alcohol-Related Traffic Crashes: A Cause
* Drugged Driving Safer than Drunk Driving?
* You Drink and Drive. You Lose
* Drunken Driving... Predictable, but Inevitable?
* Let Them Drink. Don’t Let them Drink and Drive
* Alcohol-Related Traffic Fatalities: Redistributing Death
* Drinker Tells doctor, Loses Driver’s License
* Drinking and Drugged Driving
* Death Penalty for DWI Offenders Proposed
* Alcohol and Driving Skills
III. DWI/DUI Statistics can be found in
* Intoxicated Driver Statistics
* Alcohol Consumption and Traffic Crashes
* Highway Traffic Fatality Statistics
* Alcohol-Related Traffic Crashes and Drunk Drivers
* Alcohol-Related Traffic Fatalities
* Alcohol-Related Doesn’t Equal Alcohol Caused
* Alcohol-Related Injuries and Fatalities
* Alcohol-Related Trafic Fatalities Drop
IV. Judges/Courts/Laws are the focus of these reports:
* DWI/DUI Laws of US States
* DWI/DUI Sobriety Road Blocks or Checkpoints
* Breathalyzer Accuracy and DWI/DUI Conviction Rates
* “Tough” and “Lenient” DWI/DUI Judges
* Tongue Studs and Breathalyzer Tests
* DUI/DWI and Soft Judges
V. Treatment/Prevention of DWI/DUI
* DWI/DUI Courts Work
* Protect Yourself from Drunk Drivers
* A Creative Approach to Reducing Drunken Driving
* Drunk Driving: We Can Prevent It
* Doctors for Designated Driving
* Improving Vehicle Safety
* Impaired Driving Prevention Program
* Confiscating Drivers Licenses and Fake IDs
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