Drunk Driving Defense

Good Morning America and ABC News looked at the no jail time sentence given to Lindsay Lohan in 2007 after two DUI arrests and asked whether celebrities are treated more leniently than the average person. They compared sentences received by both Nicole Richie and Paris Hilton. Although there are some past examples of leniency given to celebrities, in reality celebrities are often treated more harshly because of public scrutiny. In this case, Ms. Lohan’s sentence was reasonable given her lack of record at the time.

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Shouse Law Group www.southern-california-dui-defense.com Ifyou’ve been arrested for drunk driving or a DUI-related offense, please join us for a free case evaluation before making any decision to plead guilty. Call us to set up an appointment with an expert DUI lawyer or submit a DUI Intake Form online. If you or a loved one faces misdemeanor or felony charges, contact our Los Angeles criminal attorneys for help. We would be glad to meet with you for a free consultation at one of our local offices in Los Angeles, Van Nuys, Pasadena, Long Beach, Orange County, Rancho Cucamonga, San Bernardino or Riverside. Call us at (888) 327-4652

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When many people are arrested for driving under the influence, one of the first things they want to know is how to get out of a DUI. There’s no easy answer to that question because DUI is a criminal offense. If you’re arrested and charged with DUI, you’re going to have to go through a criminal trial and even administrative hearings about your driving privileges if you’re not able to make a plea bargain. Trying to handle all of these proceedings on your own is probably the quickest way to lose your criminal case and your driving privileges at the same time. If you choose to work with an attorney who does not specialize in DUI, you are risking your reputation and your freedom, since being convicted can result in a jail sentence in many states. Working with a specialist attorney who knows DUI inside and out is the best way to successfully defend yourself against a DUI charge.

How to Get Out of a DUI – Preparing for Your Case

Many people are thinking about how to get out of a DUI right from the beginning of their cases. If you want to get out of a DUI, you may consider talking with your attorney and finding out if a plea agreement is available. In some states, you may be able to plead guilty to lesser charges and be sentenced to lesser penalties. If you’re not able to make a plea agreement, your case will proceed to trial and you’ll face the full range of criminal penalties if you are convicted of DUI charges.

How to Get Out of a DUI – Your Criminal Trial

If you do not make a plea agreement, your criminal trial will be scheduled. The best way to get out of a DUI at this stage of the process is to work with a qualified DUI lawyer. When you have a DUI lawyer on your side, you have access to expert witnesses and specific information that can be a great help during your trial. Expert witnesses can be used to refute testimony or show that chemical test results were invalid or unreliable. Your attorney will have access to many of these witnesses due to their extensive experience in the field of DUI law. Your attorney will also know where to look for information that could be helpful to you during your trial. If you were working with a public defender or an attorney who does not specialize in DUI defense, you’d lose out on these benefits.

How to Get Out of a DUI – Administrative Hearings

You’ll most likely need to attend administrative hearings held to determine the status of your driving privileges after you have been arrested for a driving under the influence charge. Driving is something most people take for granted, but each state considers it a privilege and not an absolute right. Some states allow you to appeal a license suspension so that you can continue to drive up until your criminal trial takes place. If this is the case, your attorney can work with you to prepare for the appeal hearing. Your attorney can also speak on your behalf during this hearing so that you have a better chance of getting your driving privileges reinstated. Your lawyer will know what to say and how to handle your case because of the experience they have in the field of DUI law.

How to Get Out of a DUI – Sentencing

If you are convicted of driving under the influence, there is no way to get out of the DUI itself, but there is a way that you can minimize the penalties that are imposed upon you. Your attorney can speak on your behalf before sentencing takes place so that the judge can hear and consider all of the circumstances in your case. For example, your attorney may let the judge know that you have a disability or that you are responsible for caring for an elderly parent. If your lawyer can show that your incarceration would create a hardship for others, the judge may be lenient and sentence you to other penalties such as alcohol education or probation instead of jail time.

Working with a DUI attorney is the best answer to the question of how to get out of a DUI. These experienced professionals have a high level of knowledge and a great deal of experience in handling DUI cases and know how to best present your defense for your specific situation. No one can ever guarantee that you will win your case, but having a DUI lawyer on your side can make the difference between winning and losing.

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Sometimes the criminal justice system comes up with a good compromise between justice and mercy. This doesn’t happen often, but when a defendant who has no prior criminal record and the offense is not considered serious, a compromise is sometimes reached that allow this person to move past one incident without acquiring a criminal record.

One such compromise is called a “diversion.” A diversion means a case is “diverted” out of the criminal justice system for a period of time (usually one year), during which time the defendant must undergo treatment, counseling, make restitution to the persons harmed or perform community service.

If the defendant meets these conditions, pays all fines and court costs, and does not get into any additional trouble with the law during this time period, the case is dropped and this person does not have a criminal record.

On the surface a diversion sounds good, but in my experience it can be a two-edged sword. Usually, defendants must plead guilty in order to be considered for a diversion. So if, during the time period of the diversion, they fail to comply 100% with the terms of their diversion, or if they get into any other trouble, the courts will automatically find them guilty based on their guilty plea.

This last point is where I have seen many defendants get tripped up. A single alcohol-related incident, a domestic complaint or even the accusation of a crime may be all it takes for a court to revoke the terms of a diversion. And , with that guilty plea already submitted, the defendant’s conviction is a foregone conclusion.

A good criminal defense lawyer can help you negotiate with a prosecutor for a diversion. But as always, be careful about accepting a plea agreement if you are in fact innocent, and have the evidence to support your innocence.

Here again, sometimes it is just better to fight for your innocence in court. But to do this, you must have a good criminal lawyer [http://www.askcrimelawyer.blogspot.com] fighting for you.

In order to be considered for a diversion, the defendant is generally regarded as “salvageable” by the prosecutor and the court. This means, they do not regard the individual as a career criminal, but someone who could be straightened out by the counseling, restitution or other terms of the diversion.

Generally, if the defendant’s criminal defense lawyer and the prosecutor agree on the terms of the diversion, the judge will agree. But not always. Sometimes a judge will refuse to sign off on a diversion because he or she wants to send a message and show the community that he or she is “tough on crime.”

With harsher drunk driving laws on the books, a diversion may not be an option for driving under the influence in your state.

The key point that I cannot emphasize strongly enough, is to remember that you are under the microscope throughout the time of your diversion, which is generally a year. This means that you must not only fully comply with every detail of your deversion’s requirements, you must also avoid any other run-ins with the law. Particularly alcohol or domestic incidents.

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If you’ve recently been arrested and/or convicted of a DUI or drunk driving offense there are many things to consider before actually disclosing your DUI on a job application. First, if you are eligible to clear the DUI record (immediately or in the near future) it might make more sense to explore those avenues before you apply for a job that you really want.

9 times out of 10 most every employer will do a pre-employment background check on you and will uncover the DUI offense which most likely will cause them not to hire you. Most pre-employment background checks are conducted by 3rd party HR companies that are contracted by your potential employer specifically to do background checks. A lot of the big companies use the same outsourced HR company to do their checks so if you get flagged within their system that could in effect ruin your chances of ever getting hired from any company who uses them to perform pre-employment background checks.

So it’s definitely something you want to think about and clear up BEFORE you apply and agree to a background check.

But if you take the steps to clear or expunge the DUI record prior to applying for the job there is a good chance that they will never find out about it. So, by spending a little bit of time and educating yourself on what you need to do to take care of your record could pay off big time.

Not every state allows the clearing or expunging of DUI records but even in those states that won’t clear your record there are remedies to minimize the damage by keeping it from showing up on background checks. You can get more information at www.duiprocess.com

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No one from this channel is in the video. Please keep the discussion in focus and on the subject of the US becoming a police state. Name calling and rude comments will get you banned. A Nazi style check point has been set up inside the USA for the sole purpose of violating the 4th amendment rights of US citizens. Mexico is the USA’s 3rd largest oil supplier. We have an agreement with them, If we want their oil, we keep our borders porous. Immigration has a Catch and Release program for illegals which allows the vast majority of Mexican and other nationals caught crossing our borders illegally, to go free, some of which have been terrorist. The Border Patrol isn’t looking for illegals or even drugs. They are stopping US citizens on internal roads for one purpose only, conditioning us to voluntarily giving up our civil rights. Welcome to Police State USA. The story on how the border patrol is violating the rights of US citizens and disregarding the US Constitution. Remember that this is not at the border and the Border Patrol are not police officers. They do not have the jurisdiction or authority to enforce local, state city or traffic laws. Some have even been found to be illegal aliens associated with drug cartels and the CIA. Obama: “We cannot continue to rely on our military in order to achieve the national security objectives that we’ve set. We’ve got to have a civilian national security force (Police) that’s just as powerful, just as strong, just as well-funded. I …

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www.houstongalvestonlawyer.com 281-667-4579 Tad Nelson & Associates of Houston TX We combine big city experience and small town values creating a comfortable environment where questions are encouraged and honest legal advice is provided.

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Drunk driving in Pennsylvania can also be referred to as driving under the influence (DUI), driving while impaired (DWI) or the new driving after imbibing (DAI). PA DUI Laws are quite severe and you need a criminal defense attorney who specializes in drunk driving defense to assist you.

PA DUI laws say that the arrest will trigger two cases. The first action is the criminal court case, with a variety of potential consequences, including jail, fines, mandatory alcohol education programs, loss of driving privileges, and more. The second case involves the Pennsylvania Department of Transportation (PennDot) trying to take away the driver’s license in a separate action.

If caught, the PA DUI laws specify that your punishment will be related to how much alcohol is in your system. The lowest level is enacted when you’re caught with a blood alcohol level (BAC) of .08 to .099. The intermediate level is .1 to .159. Anything over .16 is punished at the most severe level.

Additionally, the PA DUI laws provide for different punishments based on whether this is your first drunk driving arrest. Each subsequent arrest brings with it more severe penalties. The DUI arrests are calculated within the last 10 years.

For instance, a first time DUI with a .08 BAC brings 6 months maximum probation, $300 fine, mandatory attendance at Alcohol Highway Safety School, and a CRN evaluation to determine whether you have a drug or alcohol problem. A third time offense with .16 BAC will invoke one year minimum imprisonment, a $2,500 minimum fine, 18 month license suspension, mandatory 1 year ignition interlock, CRN evaluation under PA DUI Laws.

On a first time DUI, you do not have the right to a jury trial.

If you’re pulled over on suspicion of drunk driving, you have the right to refuse the breath, blood or urine test, however doing so will automatically result in a one year loss of driving privileges. This is because under Pennsylvania law, if you hold an operator’s (driver’s) license and are in physical control of a motor vehicle, you are deemed to have given implied consent to chemical tests.

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