Essential Information for persons accused of DUI or DWI
1. They were arrested for DUI or DWI. I have to plead guilty and order as well?
A DWI or DUI arrest is serious. So whatever you do, do not plead guilty until you have reviewed your case with a lawyer who specializes in DUI and DWI defense. From the moment you arrested, your DWI or DUI arrest has many time-sensitive consequences that must be addressed immediately. If you are convicted, they could face substantial jail time, lose your driver's license and license plate and possibly even lose your vehicle. Plus, your insurance company will jack your rates sky high.
Make sure the attorney you retain is not only an experienced criminal defense lawyer, but also someone who has handled hundreds of DWI and DUI cases. A lawyer who specializes in DWI and DUI defense better help you achieve the best possible result. Before you retain an attorney, do not:
Talking to police investigators or insurance company Investigators May issue.
discuss the facts of your case to others, including friends and family. Nothing is said to be used against you later and you risk making that friend or family a witness against you.
2. Do I have to address the Court for DWI / DUI. Should I hire a lawyer first?
Yes, make every attempt to retain an attorney who specializes in DUI DWI like a Los Angeles drunk driving charge and defense lawyer before going to court. If for some reason you must go to court without first hiring a lawyer who specializes in DWI and DUI defense, ask the court for a continuation so that you can rent one. Does not waive any hearings or consolidate the hearings. Ask the judge to continue the hearing you are having. Most judges will grant a continuation to hire a lawyer, but this may be your only continuity, so hire your attorney ASAP.
If you go to court without a lawyer, do not:
Make any statements about what did or did not happen during your case. Everything you say in court can be used against you later.
Talk to the prosecutor in an attempt to negotiate the case yourself. The prosecutor is working against you and is not going to help. While the attorney can never guarantee a particular outcome, they can mount legal defenses and constitutional challenges simply would never think or know how to apply.
Apply for a public defender, can not afford to hire a lawyer who specializes in DWI or DUI defense.
3. As a DWI or DUI defense costs?
There are many factors that go into determining a fair compensation for each case.
4. What is the difference between DWI or DUI?
DWI is a criminal offense that is also referred to as driving under the influence (DUI) or drunk driving. The term "drunk driving" is very misleading as one need not be either drunk or driving should be condemned. DWI stands for Driving with anomalies. In general, in order to be convicted of a DWI, a prosecutor must prove that the person was either driving, operating or in physical control of a motor vehicle at a time when that person has been altered or by using alcohol and / or drugs, or in a time when that person had a blood alcohol concentration in blood of .08 or more or tests revealed the presence of an illicit drug. A person who refuses a test to determine the presence of illegal drugs or to determine their alcohol concentration may be convicted of a DWI Refusal if the official's arrest had reason enough to take the test.
5. "Alcohol concentration" is defined by statute as:
A. the number of grams of alcohol per 100 milliliters of blood;
B. the number of grams of alcohol per 210 liters of breath, or
C. the number of grams of alcohol per 67 milliliters of urine.
In practice, if you've been drinking, unless you're a physicist, an engineer or a chemist, and have a computer, you will not be able to determine if you have an alcohol concentration of .08 or more. It is also of interest to note that the amount of alcohol in each of the above statutorily defined concentrations is not equal, and can therefore result in an innocent person on the basis of a concentration of guilt, but to another. In addition, under the two statutory definitions of intoxication, it is also possible for a person to be innocent of being intoxicated because there is no loss of a normal mental or physical faculties but still be guilty of being intoxicated off .08.
6. What are the penalties for DWI?
There are four "degrees" of DWI, each with its maximum penalty.
fourth degree DWI is an offense punishable offenses up to 90 days in jail and a fine of $ 1000. A person may be placed on probation for a maximum of two (2) years if convicted of this offense. A fourth degree DWI would be applicable in cases where a person tests at between .08 and .19 and that the person had not had a previous alcohol-related driving offense during the previous ten (10) years.
third-degree DWI offense is a serious infractions punishable by up to a maximum of one (1) year in prison and a fine of $ 3000. A person can be convicted of this charge if they were: 1) refused the test, 2) tested with a blood alcohol concentration in blood, 20 or more, 3) had a passenger under 17 in the vehicle, or 4) a first offense DWI or alcohol-related withdrawal of license in their previous ten (10) years and less than .08 to .20 and test.
second degree DWI is similar to the third degree DWI except that the confiscation of the vehicle involved. A person can be convicted of this charge if they have any combination of two of the factors listed above for the third degree DWI.
Degree DWI is the most serious DWI offense. It is a felony offense punishable by up to seven years in prison and a fine of $ 14,000. A person who has sent to prison for Degree DWI is also subject to a period of five years conditional release (words) after the period of his sentence. In order to be sentenced to Degree DWI, a person must have three first DWI offenses, or alcohol-related revocation of their license, during the previous ten (10) years.
The information obtained from this article is not, nor is it intended to be, legal advice. You should consult a lawyer like a Los Angeles driving Under the Influence attorney for individual advice regarding your situation.
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