The best DWI attorney is the one who is able to help you successfully come out of the legal trouble you find yourself in. However, keeping in view the large number of law firms available in the market, it is certainly not cake walk to find the right lawyer for your case. There are lots of factors that you need to take into your careful consideration in this regard. You would want an legal representative who is highly qualified and experienced in his or her field of specialization.
You Cannot Hire Just Any Attorney
It is very important for you to understand that different types of legal cases that require different type of treatment. Therefore, make sure that the legal representative you are hiring has all the qualifications needed to handle the specific legal case you are caught in. For example, it is always prudent to hire an legal representative specializing in such cases rather than hiring just a legal professional who is Jack-of-all-trades. The attorney you choose must have a thorough understanding of all the aspects associated with a DWI case, which may include sobriety tests, blood alcohol limits, toxicology, psychology, and much more.
How Much Do They Charge?
A criminal defense attorney usually charges a lot more in comparison to a public defender, but it is always worth spending that much. The simple reason is that they are expert legal professionals who have specialization in handling DWI cases. When you hire them to handle your case, you simply maximize your chances of winning the judgment in your favor.
How Do They Work?
A best lawyer is much more qualified than a public defender. They know the in and out of various sorts of DWI cases. They know all the minor and major details associated with a such case, and they also know how to deal with the same. The best DWI attorney is not a different legal professional, but what gives them a winning edge over others is the fact that they work differently. They usually start by looking for the loopholes. They try to find the errors that the police may have committed. In this regard, they look into each and everything, including the arrest procedures, intimidation that may have taken place, and much more.
The best DWI attorney studies your case thoroughly and that is the reason why their defense is much stronger in comparison to the public defender.
The best Dwi attorney is a specialized legal professional who is able to help you come out of the legal troubles associated with a Dwi attorney. A Dwi defense attorney has all the qualifications needed to successfully handle a DWI case.
Sunday, August 23, 2009
DWI and DUI Attorneys
DUI charges are a serious offense. There’s no doubt about it. Most charges stemming from driving under the influence of alcohol and/or drugs will result in a stiff fine, loss of your driver’s license, and even a stint in jail. If you’re arrested for DUI it’s a good idea to obtain legal counsel from one or more DUI attorneys.
Driving under the influence means that while operating your vehicle you were either impaired due to the consumption of alcohol and, or in combination with, drugs. It can also mean that your Blood Alcohol Content (BAC) exceeded a .08. To convict you of a DUI charge the police officer needs only to prove one of these elements of the offense.
The first part of the offense is driving while impaired. The presumption is that you are impaired, you cannot safely drive your car. If you were unable to operate your vehicle in a safe and legal manner and it can be showed that you were impaired by either alcohol or drugs. The officer will bring into evidence your physical state, the things you said, how you were driving and the results of any Standardized Field Sobriety Tests that you performed. These tests were developed by the National Highway Safety Administration and are very effective in allowing an officer to be able to determine that you have a BAC of .10 or mroe. If the sum total of the officer’s observations provide him with probable cause to believe you operated the vehicle while impaired, you’ll be arrested and charged.
The second part of the offense involves your Blood Alcohol Content, or the amount of alcohol in your blood, breath, or urine. If your BAC is at or above .08, there is probable cause to believe that you’ve committed the DUI offense whether you or anyone else feels that you were truly impaired. The BAC is determined by a breath, blood or urine test.
There are several ways that DUI attorneys can do you a lot of good if you’re charged with this offense.
A DUI lawyer speaks the language of the court. Many court terms have legal definitions that don’t necessarily coincide with the common usage of the word. The court room may lead you into a confusing jungle of terminology that prevents you from making your best defense.
DUI attorneys are also knowledgeable concerning DUI laws, case law, and various types of defenses. Laymen typically don’t do well in the criminal justice system because of a lack of this specialized knowledge.
DUI attorneys are also experienced in applying the law. There are many ways to defend against the charge but the defense must be crafted not only with a logical argument or series of arguments but also within the context of proper courtroom procedure. The prosecutor must prove beyond a reasonable doubt that you were operating a vehicle while under the influence of alcohol and/or drugs. DUI attorneys can win a case by creating enough doubt in the minds of the judge or the jury that the legal standard of beyond a reasonable doubt can’t be met. Chances are, you can’t accomplish this without the assistance of a DUI attorney.
The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Driving under the influence means that while operating your vehicle you were either impaired due to the consumption of alcohol and, or in combination with, drugs. It can also mean that your Blood Alcohol Content (BAC) exceeded a .08. To convict you of a DUI charge the police officer needs only to prove one of these elements of the offense.
The first part of the offense is driving while impaired. The presumption is that you are impaired, you cannot safely drive your car. If you were unable to operate your vehicle in a safe and legal manner and it can be showed that you were impaired by either alcohol or drugs. The officer will bring into evidence your physical state, the things you said, how you were driving and the results of any Standardized Field Sobriety Tests that you performed. These tests were developed by the National Highway Safety Administration and are very effective in allowing an officer to be able to determine that you have a BAC of .10 or mroe. If the sum total of the officer’s observations provide him with probable cause to believe you operated the vehicle while impaired, you’ll be arrested and charged.
The second part of the offense involves your Blood Alcohol Content, or the amount of alcohol in your blood, breath, or urine. If your BAC is at or above .08, there is probable cause to believe that you’ve committed the DUI offense whether you or anyone else feels that you were truly impaired. The BAC is determined by a breath, blood or urine test.
There are several ways that DUI attorneys can do you a lot of good if you’re charged with this offense.
A DUI lawyer speaks the language of the court. Many court terms have legal definitions that don’t necessarily coincide with the common usage of the word. The court room may lead you into a confusing jungle of terminology that prevents you from making your best defense.
DUI attorneys are also knowledgeable concerning DUI laws, case law, and various types of defenses. Laymen typically don’t do well in the criminal justice system because of a lack of this specialized knowledge.
DUI attorneys are also experienced in applying the law. There are many ways to defend against the charge but the defense must be crafted not only with a logical argument or series of arguments but also within the context of proper courtroom procedure. The prosecutor must prove beyond a reasonable doubt that you were operating a vehicle while under the influence of alcohol and/or drugs. DUI attorneys can win a case by creating enough doubt in the minds of the judge or the jury that the legal standard of beyond a reasonable doubt can’t be met. Chances are, you can’t accomplish this without the assistance of a DUI attorney.
The information you obtain from this article is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
Winning your DWI or DUI Case
The Criminal Case of DWI
All state s have laws that preclude drunk driving and DWI. Each year those laws are amended to include increasingly harsh penalties. Repeat offenders may face:
(1) lengthy incarceration periods,
(2) requirements to abstain from non-prescribed mood altering chemicals, drugs or alcohol;
(3) requirements to attend alcohol education classes;
(4) requirements to have a chemical use evaluation performed and follow any recommendations which may include treatment;
(5) requirements to submit to random testing for the presence of drugs or alcohol;
(6) equipping automobiles with alcohol interlock devices which preclude the automobile from running unless an alcohol free breath sample is provided;
(7) payment of fines.
These penalties are significant. However, they cost of a DWI does not end with the criminal proceedings. There are also civil penalties associated with DWI cases.
License Revocation or Cancellation - The Implied Consent
A DWI is not only a criminal case, it has a civil elements as well. Civil penalties may include license revocation/cancellation, vehicle plate impoundments, and, even vehicle forfeitures.
The license revocation/cancellation related to a DWI is a case entirely separate from the criminal matter. The revocation/cancellation period becomes longer with each successive DWI offense or Implied Consent license revocation/cancellation. After three or more DWI offenses, a driver may face a cancellation period for a number of years during which time they will be allowed no license. To reinstate license, many states require a payment of a significant filing fee, new testing on the rules of the road, as well as documentation that the driver has completed chemical abuse treatment and abstained from alcohol for a defined period. Nothing in the criminal matter will change the license revocation/cancellation period which occurs automatically unless the driver seeks a judicial review of that revocation. In many states, there is a very short timeline after the revocation/cancellation occurs to seek a review of that license revocation/cancellation.
There are also additional consequences when a driver has a number of DWI convictions or Implied Consent violations. In addition to losing a driver's license, a driver may find their automobile insurance cancelled. They may also face plate impoundments and vehicle forfeitures. A vehicle forfeiture means that the city or state may take the driver's vehicle without providing them any compensation for it. Driver's with serial violations may also be issued a restricted license when they reinstate. A restricted license, called a "B" card in some states, includes a lifetime restriction against ANY consumption of alcohol if the driver wishes to obtain and/or retain a driver's license.
Collateral Consequences
People who simply plead guilty to a DWI offense without consulting an experienced lawyer often ignore or are ignorant to the significant consequences of their plea. A DWI conviction has a very indelible effect on a criminal and driving record which can have significant collateral consequences. Even one offense can affect a person's employability ore even their chances for a work promotion. A DWI may also prevent even simple trips out of the country with countries like Canada that have immigration rules that preclude entry to those convicted of a DWI.
Defenses on a DWI Case
Too many people feel that there is no hope in a DWI case and, as a result, simply choose to throw in the towel and enter a plea of guilty. In many cases, that would be a mistake. The fact is there are many challenges to a DWI. The defenses depend on the particular set of facts in each case. That means a detailed review of all evidence, including police reports, police videos, audio recordings and testing records related to blood alcohol levels is imperative. Often, hidden defenses are found through a thorough review of all evidence.
The fact is that Officers must follow very specific steps as part of the arrest. If any one step is missing, the case may be dismissed.
**SOURCE CODE DEFENSES APPROVED BY MINNESOTA SUPREME COURT!!**
Even more compelling, on April 30, 2009, the Minnesota Supreme Court issued a decision related computerized source codes of breath testing devices that has added a new facet to the DWI defense attorney's ability to seek a dismissal of DWI charges by suppressing any breath test results.
Other points of a defense analysis include:
• Reasonable Suspicion. The officer must have reasonable suspicion to believe a specific crime has been committed in order to stop a person. If that reasonable suspicion is lacking the stop and the ticket may be invalid;
• Probable Cause to arrest and charge. The officer must make sufficient observations to form a basis for probable cause to believe that you were operating a vehicle while intoxicated. Oftentimes, officers perform field sobriety tests incorrectly making the arrest invalid;
• Procedures at the Station. The officer must follow very specific procedures at the station including reading and recording an Implied Consent Advisory that informs you that you have a right to a lawyer. If any of the steps are omitted, the charges may be dismissed;
• Test Procedures. Testing methods to determine blood alcohol concentrations are imperfect at best. Like any scientific method, any test result has a margin of error. If the machinery is not properly maintained and even if it is properly maintained, the test results may vary from true Blood Alcohol Concentration. A sufficient variation may result in a reduce charge or no charge.
When charged with a DWI offense, it is important to seek an aggressive attorney who has remained current on the developing law with respect to DWI issues. There are many practitioners who handle DWI cases without understanding many of the nuances of DWI defense.
All state s have laws that preclude drunk driving and DWI. Each year those laws are amended to include increasingly harsh penalties. Repeat offenders may face:
(1) lengthy incarceration periods,
(2) requirements to abstain from non-prescribed mood altering chemicals, drugs or alcohol;
(3) requirements to attend alcohol education classes;
(4) requirements to have a chemical use evaluation performed and follow any recommendations which may include treatment;
(5) requirements to submit to random testing for the presence of drugs or alcohol;
(6) equipping automobiles with alcohol interlock devices which preclude the automobile from running unless an alcohol free breath sample is provided;
(7) payment of fines.
These penalties are significant. However, they cost of a DWI does not end with the criminal proceedings. There are also civil penalties associated with DWI cases.
License Revocation or Cancellation - The Implied Consent
A DWI is not only a criminal case, it has a civil elements as well. Civil penalties may include license revocation/cancellation, vehicle plate impoundments, and, even vehicle forfeitures.
The license revocation/cancellation related to a DWI is a case entirely separate from the criminal matter. The revocation/cancellation period becomes longer with each successive DWI offense or Implied Consent license revocation/cancellation. After three or more DWI offenses, a driver may face a cancellation period for a number of years during which time they will be allowed no license. To reinstate license, many states require a payment of a significant filing fee, new testing on the rules of the road, as well as documentation that the driver has completed chemical abuse treatment and abstained from alcohol for a defined period. Nothing in the criminal matter will change the license revocation/cancellation period which occurs automatically unless the driver seeks a judicial review of that revocation. In many states, there is a very short timeline after the revocation/cancellation occurs to seek a review of that license revocation/cancellation.
There are also additional consequences when a driver has a number of DWI convictions or Implied Consent violations. In addition to losing a driver's license, a driver may find their automobile insurance cancelled. They may also face plate impoundments and vehicle forfeitures. A vehicle forfeiture means that the city or state may take the driver's vehicle without providing them any compensation for it. Driver's with serial violations may also be issued a restricted license when they reinstate. A restricted license, called a "B" card in some states, includes a lifetime restriction against ANY consumption of alcohol if the driver wishes to obtain and/or retain a driver's license.
Collateral Consequences
People who simply plead guilty to a DWI offense without consulting an experienced lawyer often ignore or are ignorant to the significant consequences of their plea. A DWI conviction has a very indelible effect on a criminal and driving record which can have significant collateral consequences. Even one offense can affect a person's employability ore even their chances for a work promotion. A DWI may also prevent even simple trips out of the country with countries like Canada that have immigration rules that preclude entry to those convicted of a DWI.
Defenses on a DWI Case
Too many people feel that there is no hope in a DWI case and, as a result, simply choose to throw in the towel and enter a plea of guilty. In many cases, that would be a mistake. The fact is there are many challenges to a DWI. The defenses depend on the particular set of facts in each case. That means a detailed review of all evidence, including police reports, police videos, audio recordings and testing records related to blood alcohol levels is imperative. Often, hidden defenses are found through a thorough review of all evidence.
The fact is that Officers must follow very specific steps as part of the arrest. If any one step is missing, the case may be dismissed.
**SOURCE CODE DEFENSES APPROVED BY MINNESOTA SUPREME COURT!!**
Even more compelling, on April 30, 2009, the Minnesota Supreme Court issued a decision related computerized source codes of breath testing devices that has added a new facet to the DWI defense attorney's ability to seek a dismissal of DWI charges by suppressing any breath test results.
Other points of a defense analysis include:
• Reasonable Suspicion. The officer must have reasonable suspicion to believe a specific crime has been committed in order to stop a person. If that reasonable suspicion is lacking the stop and the ticket may be invalid;
• Probable Cause to arrest and charge. The officer must make sufficient observations to form a basis for probable cause to believe that you were operating a vehicle while intoxicated. Oftentimes, officers perform field sobriety tests incorrectly making the arrest invalid;
• Procedures at the Station. The officer must follow very specific procedures at the station including reading and recording an Implied Consent Advisory that informs you that you have a right to a lawyer. If any of the steps are omitted, the charges may be dismissed;
• Test Procedures. Testing methods to determine blood alcohol concentrations are imperfect at best. Like any scientific method, any test result has a margin of error. If the machinery is not properly maintained and even if it is properly maintained, the test results may vary from true Blood Alcohol Concentration. A sufficient variation may result in a reduce charge or no charge.
When charged with a DWI offense, it is important to seek an aggressive attorney who has remained current on the developing law with respect to DWI issues. There are many practitioners who handle DWI cases without understanding many of the nuances of DWI defense.
Houston DWI Lawyers
Nationwide, each state has its own set of stringent rules and laws when it comes to driving under the influence of drugs or alcohol. Driving while intoxicated is a serious offense, and punishment can have lasting consequences on your life and criminal record. Driving under the influence of alcohol or drugs should be avoided at all costs, however, if accused of a DWI, people must quickly seek the counsel of an experienced Drunk Driving Arrest Lawyer.
A DWI conviction carries with it serious consequences and can affect the life of the alleged accuser in many negative ways. If a driver is held on a routine drunk driving stop and the police officer suspects intoxication, field sobriety tests will be requested of the driver. Faced with such situation the driver will also be asked to go through simple physical or cognitive tests to determine sobriety. The legal limit of alcohol is the blood is under.08 percent – over.08 and a person is considered legally intoxicated. The alleged individual may be required to undergo a chemical testing that includes blood testing, urine testing and breath testing. The Intoxylizer machine that works on infrared light absorption is used to detect alcohol in a person's breath. But Intoxylizer often misinterprets other commonly found substances in human breath and shows erroneous results. Often the accused lose their driver’s license. In cases like intoxicated manslaughter and intoxicated assault, incarceration is possible and the freedom of an individual is at stake.
Since a DWI charge is not an easy offense, hiring an experienced Houston DWI lawyer is of vital importance. Only an experiencedt Drunk Driving Arrest Lawyer can guide one through resulting legal process. With the help of Administrative License Revocation hearing commonly known as ALR Hearings, the DWI lawyer can challenge the suspension of the license. A competent DWI lawyer finds the loopholes in the blood/alcohol testing process and brings to the the defense aspects and the possible errors involved in the testing process.. Therefore, earlier the help of a skilled and aggressive Houston criminal lawyer is sought the brighter are the chances of avoiding conviction and paying heavy fines.
Experienced and aggressive criminal defense and DWI attorneys will guide you through the legal process of defense against DWI’s and related charges. Though there are many choices of law firms, and lawyers can be easily found through online resources or through the yellow pages, it is important to do a bit of homework before hiring a Drunk Driving Arrest Lawyer. Some of them have brilliant track records regarding DWI law proceedings. But it is always advisable to conduct a background check about the authentication and proficiency of the lawyer before hiring. After all, only a good criminal lawyer can better handle the legal intricacies and bring back the smile on the client’s face!
A DWI conviction carries with it serious consequences and can affect the life of the alleged accuser in many negative ways. If a driver is held on a routine drunk driving stop and the police officer suspects intoxication, field sobriety tests will be requested of the driver. Faced with such situation the driver will also be asked to go through simple physical or cognitive tests to determine sobriety. The legal limit of alcohol is the blood is under.08 percent – over.08 and a person is considered legally intoxicated. The alleged individual may be required to undergo a chemical testing that includes blood testing, urine testing and breath testing. The Intoxylizer machine that works on infrared light absorption is used to detect alcohol in a person's breath. But Intoxylizer often misinterprets other commonly found substances in human breath and shows erroneous results. Often the accused lose their driver’s license. In cases like intoxicated manslaughter and intoxicated assault, incarceration is possible and the freedom of an individual is at stake.
Since a DWI charge is not an easy offense, hiring an experienced Houston DWI lawyer is of vital importance. Only an experiencedt Drunk Driving Arrest Lawyer can guide one through resulting legal process. With the help of Administrative License Revocation hearing commonly known as ALR Hearings, the DWI lawyer can challenge the suspension of the license. A competent DWI lawyer finds the loopholes in the blood/alcohol testing process and brings to the the defense aspects and the possible errors involved in the testing process.. Therefore, earlier the help of a skilled and aggressive Houston criminal lawyer is sought the brighter are the chances of avoiding conviction and paying heavy fines.
Experienced and aggressive criminal defense and DWI attorneys will guide you through the legal process of defense against DWI’s and related charges. Though there are many choices of law firms, and lawyers can be easily found through online resources or through the yellow pages, it is important to do a bit of homework before hiring a Drunk Driving Arrest Lawyer. Some of them have brilliant track records regarding DWI law proceedings. But it is always advisable to conduct a background check about the authentication and proficiency of the lawyer before hiring. After all, only a good criminal lawyer can better handle the legal intricacies and bring back the smile on the client’s face!
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