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The Crime of Drunk Driving

Thu, 20 Nov 2008 00:53:27 GMT

The definition of drunk driving is left up to each individual state. Each state decides the level at which a driver’s blood alcohol content is too high to safely operate a motor vehicle.

When is a Driver Drunk?

While it is the right of every state to define drunk driving and acceptable blood alcohol levels for that state, Congress has influenced many states to adopt the same

Defending a Drunk Driver Hit and Run Charge

Thu, 22 Sep 2011 20:19:20 GMT

Drivers who are charged with driving under the influence of alcohol face serious criminal charges. Most states impose significant fines and jail time on drunk drivers who injure other people or cause property damage in accidents. The fines and jail time increase after a driver’s first offense. Additionally, drivers may face a suspended driver’s license on their first offense and a re

Possible Penalties for Drunk Driving

Mon, 09 Jan 2012 20:27:47 GMT

If you are found or plea guilty to the offense of drunk driving, there are a variety of possible penalties you will face. Since the offense of a drunk driving is controlled by state law, penalties upon a conviction will vary from jurisdiction to jurisdiction. However, the penalties are usually progressive and become more severe for each repeat offense and the increase of the amount of alcohol in the blood, as determined by chemical testing.

While states are free to define their

The Constitutionality of Sobriety Checkpoints

Mon, 09 Jan 2012 18:08:54 GMT

What are Sobriety Checkpoints?

Sobriety checkpoints are law enforcement initiated roadblocks which are usually set up on an anonymous road or highway in a community with a purpose of catching drunk drivers. Generally, the police will announce that a sobriety checkpoint will be conducted during a specific week or weekend, but will not disclose the location. An advance notice by a supervisory law enforcement official is required to be announced through the local m

What is Aggravated DUI?

Wed, 28 Sep 2011 20:58:31 GMT

Some states have a more serious drunk driving charge often referred to as an aggravated DUI, also known as “extreme DUI” or “felony DUI”. It is important to note that not all states use the term DUI, but all states do have drunk driving laws. An aggravated drunk driving charge can result from certain aggravating circumstances surrounding the incident that led to the charge. While a first drunk driving conviction is typically a misdemeanor under most states’ dr

Overview of Drunk Driving Offenses in the United States

Mon, 09 Jan 2012 17:54:39 GMT

Each state in the country has passed a law which makes it illegal to drive a motor vehicle while under the influence of alcohol or drugs. Since this offense is controlled by state law, it may be known as the crime of driving while intoxicated (DWI), operating a motor vehicle under the influence (OUI) or driving under the influence (DUI), or some other similar variation. Regardless of how each state titles this offense, it is illegal to operate a motor vehicle while impaired with alcohol or

What To Do If You're Arrested

Thu, 03 Dec 2009 18:48:20 GMT

It can be difficult to think clearly after an arrest. Many arrestees are scared about the social stigmas, personal consequences, financial consequences, legal consequences and the affect of the arrest on their families. However, it is important to remain focused and to take the steps necessary to ensure that all of your rights are protected. At the time of your arrest, a police officer should provi

Do You Need An Attorney... or Can You Represent Yourself?

Thu, 06 Nov 2008 22:57:57 GMT

There are many circumstances in the United States when a person is entitled to represent himself in legal matters. The Supreme Court has found that the Sixth Amendment to the United States Constitution which guarantees the right to counsel also allows a person to represent himself at trial. Similarly, many states have constitutional provisions which allow self representation. However, this right to self representation has limits and there are certain circumstances when legal

Drunk Driving Fourth Amendment Issues

Fri, 12 Oct 2012 00:11:59 GMT

How does the Fourth Amendment affect my drunk driving case?

Under the Fourth Amendment to the U.S. Constitution and under state constitutional provisions, a person has the right to be secured in their persons, papers and effects. When police or law enforcement has administered a compulsory blood test, especially without a warrant, then there may be Fourth Amendment issues present such as those involving searches and seizures.

If you or a family member have bee

Chemical Testing in Drunk Driving Cases

Fri, 12 Oct 2012 00:12:06 GMT

In driving while intoxicated or under the influence of alcohol or other intoxicants cases, such as drugs, law enforcement officials usually administer a series of tests to determine whether or not the driver was impaired while operating a vehicle. In addition to the administration of field sobriety testing (FST), most state drunk driving laws permit a breathalyzer or a blood test to be performed in order to measure the blood alcohol concentration (B.A.C.) level of a suspected drunk driver.

What to Bring to an Initial Consultation With a Lawyer

Tue, 27 Sep 2011 23:49:40 GMT

Beginning a legal action can be stressful, and most people considering hiring a lawyer are already in a stressful situation. You should do your best to prepare for your initial consultation, to get the most out of the process. An initial consultation can be more than just a quick meeting; it can help you plan your strategy, see potential hazards, and save you further stress during the legal process.

What to Bring

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Fri, 24 May 2013 23:42:14 GMT

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Fri, 24 May 2013 23:42:14 GMT

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