DUI Myths And Realities

DUI Myths and Realities
Driving under Influence or DUI is the chargeable offense in many countries. It is the act of driving the vehicle under the impact of drugs or alcohol or both. The person charged under this offense may suffer long-term imprisonment and suspension of driving license. The period of license suspension or imprisonment may depend on the seriousness of the crime. It is important for the person charged under this consequence to contact the DUI lawyer immediately after arrest. The DUI attorneys know all the state DUI laws and can help you in the case.

There are many misconceptions in the minds of the people regarding DUI and its effects. Some of the DUI myths and realities are stated below.

DUI Myths and Realities:
Myth: It is impossible to erase the DUI charges from the record of the individual.
Reality: It is possible to erase the DUI charges from the individual’s record if the individual contacts the DUI lawyer immediately after arrest. The DUI lawyer will know all the DUI rules of the particular state. Hiring an experienced DUI attorney will help you to minimize the punishment or free from the charges.

Myth: Even the first DUI offense can lead to permanent cancellation of driving license.
Reality: When the person is arrested under the DUI charges for the first time, he is charged to pay the fine. Driver’s license may be cancelled for the period of 1-4 months for the first DUI offense.

Myth: One can avoid DUI charges by refusing the breath test.
Reality: When the person is suspected for driving under influence, police stops him and asks for the breath test. If the person refuses for the breath test, the officer has the authority to directly charge the person under DUI laws. Hence, it is always good to undergo the breath test whenever suspected for DUI.

Myth: Drinking before the age of 21 will result in losing 10% of brain power.
Reality: No scientific literature provides evidence to this statement. The above statement represents the misinterpretation of sophisticated research. It oversimplifies the conclusions made by neurologists researching on the effects of alcohol on young brain. The research is performed on the rats in laboratory which clearly demonstrates the connection between alcohol abuse and the damage to the emergent brain. It does not make any declaration for the percent loss of brain power.

Myth: Permissible age limit of 21 keeps the people under 21 from consuming alcohol.
Reality: This has completely proven wrong. The legal age has failed in its goal of protecting the young people from the adverse effects of alcohol consumption. The survey states that about 96% of alcohol is consumed by the people between 15 and 20 years of age. From the years 1993 to 2001, 18-20 years people showed largest augment in the binge drinking. The moderate drinking may be psychologically beneficial but excess drinking can be disastrous consequence for youths.

Myth: Only older people drinking consistently suffer from drinking problems.
Reality: The problems arising due to alcohol consumption may depend on the physical health of an individual. For the person suffering from diabetes and high blood pressure, even a single drink daily can cause lots of problem.

Is a DUI Or DWI a Felony Or Misdemeanor?

Is a DUI Or DWI a Felony Or Misdemeanor?

The DUI is the criminal offense. It is the act of driving any motorized vehicle while or after consumption of alcohol or drugs. The punishments for this conviction depend on the laws of the states. The DUI laws are different for different countries and severity of it depends on the severity of crime.

The alcohol content in blood is detected by using the breath test. The breathalyzer device is inserted in the mouth of the driver and he is told to blow air in the device. The device displays the blood alcohol content (BAC) count in the display attached to the device. If this reading is above the permitted range, driver can be charged under DUI laws.

The main punishment for DUI charges is suspension of license. The period of suspension depends on the severity of crime and number of times the crime made by the driver. It also depends on the BAC count recorded at the time of the arrest. If you are charged under this rule, you may face the punishment of suspension of driving license for the period of 1 month to 5 years. In some cases, it can be permanent suspension of driving license.

First DUI Offense – License suspension for 1-4 months
Second DUI Offense – License suspension for 1-5 years
Third DUI offense – License suspension for more than 5 years or permanent suspension

If the crime is more severe, person may also face long-term imprisonment for DUI charges.

DUI Felony or Misdemeanor:

Is DUI conviction a felony or a misdemeanor? As discussed earlier, the DUI charges depend on the severe ness of the crime. The first time DUI offense is charges as misdemeanor and not felony. The misdemeanor can also result in the serious charges, but its severity would be certainly less than felony charges.

In general, in most cases DUI is considered as a felony. However, there are exceptions to this law depending on your age and the state you live in. The DUI cases are generally handled by superior court in each state. It is obvious that the first time DUI offender is charged with a misdemeanor. The first time offender can be charged with the felony if the drunken driving has caused injury to other person or due to reckless driving as a result of DUI influence. Multiple DUI convictions can also result in felony DUI charges in many states.

In some states, if your age is above the legal age limit for intoxication, your charges could be changed from misdemeanor to felony. No person would like to face the felony for DUI charges. It is good to avoid DUI rather than looking for
DUI Defense .

DUI is a felony in many states, but not always for the first time offenders. If you are fretful about the DUI charges you are going to face, it is advisable to hire the experienced DUI attorney for helping you out from this trouble. The experienced DUI lawyer

will know all the legal ways to help you out of this charge.

Will a DUI Ever Come off My Record?

DUI records are usually a part of the adult criminal record and a matter of public record. This means that anyone willing to seek out those records can be able to learn about your criminal history. DUI convictions are also regularly found in local newspapers. The question is will a DUI ever come off your records? Read more to seek the answer.

In most of the cases, A DUI conviction can continue to be on your driving record until further notice. However, you can appeal the court to remove a DUI from your record. Make sure you are well aware as the legal process varies by state for clearing a DUI from your driving record.

If the judge declines to grant you a new trial or you drop your second trial then you may be entitled to petition your DUI conviction. If there is a blunder of law at your trial or the board of judges entirely overlooks the facts then you may have justification for an appeal. An appeal engages filing briefs with the court and an oral dispute. However, you will not be needed to be present or participate in the appeal. If your appeal turns out to be successful then your conviction will be inverted and your record will be cleared.

If your appeal turns out to be unsuccessful, then you still have some alternatives. In many states, you may be entitled for an expungement. An expungement is a legal procedure in which, following the passage of an assured amount of time, after your conviction or arrest which is normally one year, your DUI attorneys or DUI lawyers can apply to have your DUI conviction wiped out from your criminal record. However, in most states an expungement is not accessible for an offensive conviction and in many states it is not even accessible for a crime or even for trial.

If you or someone else has been involved in a DUI or if you have been arrested or charged for a drunk driving offense, simply don't wait for any miracle to happen or keep on wondering will a DUI ever come off my record. If you do, you could endanger the precious legal rights.

Criminal Law - Three Common DUI Defense Strategies and Which One Will Work For You

DUI Lawyers

DUI or Driving Under influence is the act of operating any vehicle under the influence of alcohol or other drug. DUI can be charged if the person is found driving after or during the consumption of alcohol or other drugs.

DUI or DWI (Driving While Intoxicated) is synonymous term representing the criminal offense of operating a motor vehicle while being under the influence of alcohol or drug or combination of both. It is considered as criminal offense in many countries.

DUI is a serious crime that carries high penalty. If you or any of your friends are charged under this law, the following information on DUI lawyers and DUI law will surely help you in this case. The first step to follow is to act quickly. You need to look for a good DUI lawyer to represent you.

Need of DUI Lawyers

The DUI conviction can be costly and result in long stay in jail or worse. Hence, professional legal representation is strongly suggested.

The DWI laws are complicated and hence t is imperative to hire a good attorney that can pick holes in the case against you and with little technical help, he/she can get you out of the charge.

If you do not go for the DUI/ DWI lawyers to defend your rights, you may perhaps face

• Long Period Imprisonment
• Job Loss
• Cancellation of Driving License
• Insurance coverage difficulties
• Probation
• Restricted interstate or international travel
• Impoundment of vehicle

Common DUI Defense Strategies:
• Bring the witness that can testify that you were sober and had permissible BAC at the time of driving.
• Question the accuracy of breath analyzer BAC reading.
• Prove that the officer requested or tricked a person into driving drunk.
• Prove that defendant honestly believed that his BAC was below the legal threshold.
• Prove that the alcohol or drug was ingested without his/her knowledge.
• Prove that you had only lawfully prescribed substances in your body, without being advised not to drive after taking it.
• Prove that defendant’s BAC was in permissible range while driving and went above the limit for a significant amount of time after the arrest.

All these strategies are not available in every case. Every defense will require tangible facts to back it up in order to stand a chance in court. Preparation, knowledge and an excellent DUI attorney are the best defenses. Your DUI attorney should be expertise in all the intricacies and nuances involved with DUI offenses.

The DUI charge is a frustrating one and can result in serious penalty. Take correct action at proper time to avoid the further consequences. Choose the expert DWI attorney for this purpose.