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A DUI/DWI (Driving Under the Influence/Driving While
Influenced) is a serious driving violation which can carry hefty financial and
long-lasting legal consequences. While the intent of this article is not to
provide free legal advice, it will outline the general proceedings and
potential consequences of receiving a DUI/DWI ticket or being involved in a
DUI/DWI accident.
Legal advice will be state specific and is best sought after
by consulting with a lawyer familiar with DUI/DWI cases in your state. An experienced
DUI/DWI lawyer might be able to get your case dismissed completely, or get your
sentence reduced if you are convicted. A lawyer can determine if your
constitutional rights were violated and if the arresting Officer followed
protocol.
WHEN YOU GET PULLED OVER BY A POLICE OFFICER FOR DUI
If an Officer has reason to suspect there is a problem,
he/she may pull you over to investigate and make sure you are not driving under
the influence. In some cases, you may have swerved to avoid a pothole or maybe
you took your eyes off the road for half a second to change the radio station
and you weaved over the double yellow line. Regardless of the circumstance an
Officer is required to pull you over and execute several tests to ensure your
safety and the safety of other drivers.
FIELD SOBRIETY DUI TESTS
The first sets of tests, called Field Sobriety Tests, were
developed to test your coordination and balance. They are the Horizontal Eye
Test, the Walk and Turn test, and the One Leg Stand. Each of these tests is
designed so that a sober person will be able to pass without a problem.
While they do not provide the Officer with a specific blood
alcohol level, they do allow the Officer to pass judgment on your ability to
operate a motor vehicle. Some individuals, such as those with a physical
handicap or the elderly, will naturally be unable to perform these tests and an
Officer will then rely on the Breathalyzer to make his/her decision to arrest
you.
HORIZONTAL EYE TEST BY OFFICER FOR DRINKING AND DRIVING
During the Horizontal Eye Test the Officer will ask you to
follow his/her finger using only your eyes and not moving your entire head. A
sober person (assuming no physical or age impairments) will have no problem
with this exercise, but someone who is intoxicated will display abnormal eye
jerking. Based on his/her findings the Officer will shine a light into your
eyes and check pupil dilation.
WALK AND TURN DUI TEST
The next test will be the Walk and Turn. There needs to be a
flat surface for the Officer to request this test, and you must demonstrate the
ability to walk at least nine heel to toe steps before turning around and
returning to the Officer. Again, if the road surface is not flat and the
Officer cannot draw a straight line on it for you to follow, this test should
not be performed because the outcome will be skewed in favor of your arrest.
ONE-LEG STAND DRINKING AND DRIVING TEST
The One-Leg Stand also requires a level surface. You will be
asked to stand on one leg for a short period of time with both hands at your
side, and then you will have to switch legs. It is important that all these
tests are performed since a physical or age impairment may skew one or all of
the outcomes.
Once the Officer determines you are intoxicated based on
these tests you will be asked to take the Breathalyzer test. You will breathe
into the Breathalyzer and it will compute your blood alcohol level. In all
states you are considered legally intoxicated if your blood alcohol is 0.08 or
higher, and only 0.02 if you are under the age of twenty-one. If you fail the
field sobriety tests and the Breathalyzer you will be read your rights and
arrested. You must remain in jail until someone posts bail and you receive a
court date for sentencing.
LEGAL ORDER OF PROCEEDINGS INVOLVING DUI TICKETS:
1. Preliminary Hearing
2. Arraignment
3. Trial by Jury
After the initial arrest, you will be given a Preliminary
Hearing date so that a judge may review your case and determine if there is
sufficient evidence for the case against you. Very rarely is there not
sufficient evidence against you and the next court date will be for your
arraignment. During the arraignment you will hear all the charges against you
and be asked to enter a plea of “guilty" or “not guilty".
SEEK AN EXPERIENCE DUI LAWYER
It is imperative for you to have an experienced DUI lawyer
to guide you through the proceedings and help clarify the severity of charges
brought against you. Depending on the circumstances of your case, you can
request a trial by jury if you believe you are innocent and do not accept the
options offered during the arraignment.
Requesting a trial by jury can be very complicated since
witnesses and experts will be called upon to testify for and against your case.
If you choose to take this route your attorney should have appropriate
experience in DUI cases to help reduce your sentence or have your case
dismissed altogether.
CONSEQUENCES OF A
DRIVING UNDER THE INFLUENCE
<>There can be serious consequences for being issued a DUI
ticket and these consequences will increase in severity depending on how many
similar offences you have had and if your violation included a DUI accident. A
DUI ticket is considered a misdemeanor and will stay on your permanent driving
record forever, while a death resulting from a DUI accident is considered
manslaughter and is a felony.
Punishment for driving under the influence is mainly state
specific, although the following are generally included in your sentence:
- Fines:
Each state will differ in the dollar amount of your ticket. In Texas, a
first-time offender may pay up to $2000 and repeat offenders may face
fines up to $4000. In Florida, first time offenders are subject to a
maximum $500 fine and repeat offenders may pay up to $1000.
- Suspended
License: Most states will suspend your license for up to one year for the
first offense, and states such as Connecticut will revoke your license
after the third offence. It may be possible to obtain a Conditional
License for commuting to work but this is conditional on your individual
case.
- Adding
Points to Your License: This will invariably increase your insurance
premium for a period of time determined by the individual companies.
- Drug
Programs/Classes: Most states will require a twelve-hour DUI education
course for first-time offenders. Repeat offenders sentenced to parole may
also be required to complete a 30-day drug rehabilitation program.
- Community
Service: You may be required to perform community service as part of your
sentence. Some states, such as Texas, put a limit on the number of hours
required. In addition to the mandatory fifty hours of service, Florida
offers the option of paying ten dollars for each additional hour required
to satisfy the sentence.
- Some
states are now using an ignition interlock device which require the driver
to breathe into the device prior to starting the vehicle. Failing this
Breathalyzer will lock the ignition in your car and you will be unable to
drive it for a period of twenty-four hours.
In
addition to seeking a lawyer with DUI experience, if you have valuable
assets such as your house or stocks and bonds then you may also seek
professional asset protection for your estate and belongings. An
accident caused from drinking and driving may have civil consequences
and, consequently, severe financial loss of your personal and family's
estate. For further assistance please seek a qualified attorney and
estate planner specializing in asset protection such as Estate Street
Partners.
Rocco and his team of bonded professional attorneys, CPAs and
accountants help affluent individuals and companies retain control of
their domestic and foreign/offshore assets, protect their assets, build
& preserve their wealth and financially structure their money to
reduce capital gains taxes, estate taxes, inheritance taxes, avoid the
probate process and decrease income taxes.
--------------------------------------------------------------------------------
Rocco Beatrice, CPA, MST, MBA, Award-winning trust & estate-planning expert
71 Commercial Street #150 Boston, MA 02109 tel: 508.429.0011 fax: 508.429.3034
Click here for more info: http://www.UltraTrust.com, http://ultratrust.com/medical-malpractice.html |
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