If you’ve been hit with a DUI, it is easy to feel like your life is over. You made a mistake. Perhaps it was a choice that you made a single time, or maybe you drive after drinking often, and this was the one time that you happened to get caught. In either case, you need to make some changes in your life, but first, you need to deal with the situation that has come to pass. But how do you find top DUI lawyers? Here are five ways that you can feel secure in making a choice.
Look at their History
You don’t want somebody representing you in a case like this that is just out of law school. Regardless of what property damage was caused, whether anyone was injured, or any of the other details of what happened, this is a serious matter in the eyes of the law, and you need someone backing you up who knows what they are doing. If the lawyer or law office that you selected has a long history of success in cases like this, then you can feel confident about that going forward.
You might also speak to friends, family members, and colleagues to see if they have any recommendations. Maybe one of them was once in a similar situation, or they know someone else who was. If you hear from a person you know that a lawyer is trustworthy, it’s got to be better than picking one at random.
Cost of Services
The reality is that not all lawyers charge the same amount, and you probably don’t have unlimited financial resources. There might be a lawyer who you feel is an excellent choice for you, but when you ask them what they’re going to charge to represent you, it’s more than you can afford. If that’s the case, you don’t have much choice but to look for someone else who is more suited to your financial situation.
Look at their Website
You should look at the website of any DUI lawyer who you are considering. That website is the way they present themselves to the world, and if it is poorly constructed, with an outdated theme, misspellings, an inappropriate font, and links that go nowhere, then you should take that as a bad sign. A lawyer should take pride in every aspect of their practice, and that includes their website.
Assess their Offices
It is for the same reason that you should go to their offices and take a look around. If the building out of which they work is dirty, in a crime-ridden section of town, or if they have a tiny office and no receptionist, then you’re probably going to want to look elsewhere. Appearances matter, and if your lawyer can’t afford or doesn’t care about a nice office, they’re probably wrong for you.
A DUI is not the end of your life, and it is something from which you can recover. You need a trustworthy lawyer who knows the ins and outs of the law, though. Be careful with your selection, and choose someone with whom you feel comfortable. A lot is riding on the outcome of your case.
There are many offences one can commit on the road. The truth is that some of these incidences can lead to accidents which in turn will lead to death. Depending on how critical the accident is, one can survive with injuries or can pass on. Due to the increase of such cases, every country had to come with laws that will govern its citizens on the road. Some of these laws include obeying the traffic lights and that a driver shall not drive any vehicle when he or she is under the influence, this is according to dmv.org. These are common and reckless behaviours that can get you behind bars. However, there are lawyers whose duty is to represent you when it comes to such cases. Such cases have been classified under DUI (driving under the influence) OR DWI (driving while intoxicated). These lawyers have specialised in such cases and they are aware of what needs to be done. You should be very keen when hiring such lawyers because traffic rules vary from state to state. At least get yourself an attorney who understands the law of your state. When you have such a lawyer by your side, you will enjoy the following benefits;
The common penalty an individual gets when he or she is convicted with traffic related crimes is either being jailed or suspension of their driving license. What next for you when any of this penalties are given? You will need a lawyer with experience to come and defend you and ensure that your penalty is reduced. For instance, if you transport goods from one place to another for a living, what will happen to you? Will your family go for days hungry until you are able to drive again? That shouldn’t be the case when you have a DWI Lawyer Nassau County by your side. DWI attorneys will help plead with the court so that you get a fair judgement.
Have you ever been to a new place? Do you notice how complicated it gets to ask for directions? Now imagine hiring someone who doesn’t know what they are supposed to do when you are convicted for driving while intoxicated crimes? You need to be smart and understand that law requires someone with experience. An attorney who has handled driving while intoxicated crimes before knows how the court functions. Basically he or she knows the system. They know how to look for loopholes and also argue out evidence presented in court. Don’t forget that when you hire someone who has more knowledge about something you become more confident and also you get to trust the process.
Legal protection and guidance
The major reason why you should always hire a DWI attorney is so that he can defend you. Defending you doesn’t mean arguing evidence alone, the attorney should also ensure that your rights aren’t violated at any given time. Whether you are guilty or not guilty, you have rights that need to be upheld until the court issues a ruling. However, your rights can’t be upheld if you don’t know how to handle yourself through the whole process. This is why you need the attorneys’ guidance. They will ensure you don’t commit any other mistake. Any attorney will tell you how important it is to respect the rule of law even when you are being convicted.
Being accused of DUI can have a profound impact on your life, and not in a good way. For this reason, you should not allow yourself to give up without fighting as fervently as possible. In case you are having difficulty trying to figure out how to dig your way out from beneath this legal mess, here are several ideas that will increase your chances of having a positive outcome.
When you are stopped by law enforcement officers, it is essential that they provide a valid reason for this to occur. Having a hunch is not a legal defense and it can mean the difference between walking away with your freedom and ending up on the wrong side of a jail cell. Even if you were actually inebriated during the traffic stop, the case will be tossed out if there is no testimony and compelling evidence that proves you were stopped with cause.
High Crime Settings
There are some cases where officers stop and detain people more often than not. If you are driving through a high crime area and you are pulled over by the police, you should certainly mention this when you have your day in court. While it may seem logical for police to approach people more frequently when they are in areas where crime is rampant, it is a form of discrimination and your lawyer should bring this up and stress how this may have had a bearing when it comes to the DUI charges you are facing.
Sleeping Motorist Laws
Since many city and state laws forbid people from living in their vehicles while parked in certain places, many mistakenly believe that taking a nap in the car is illegal as well. The idea of having a motorist on the road when they are not in any condition to safely operate a vehicle is troublesome, and this is why most locales allow people to pull over in a safe place and have some rest.
If you were sleeping in your vehicle and you were approached by officers, there may be a chance that they were actually in the wrong. Instead of acknowledging any wrongdoing, you should have your legal representative argue about the legality of the stop in question. There is a possible chance that things were not done in the most legal manner and you case may be dismissed.
Extended Investigation Time
If there is probable cause for a stop and you are asked to exit your vehicle, the investigation into your current state needs to be completed in a reasonable time frame. For instance, if you are pulled over and the officer decides to call in for backup and have they tested your sobriety, the wait should not be longer than necessary. It is perfectly legal for them to have you wait until additional officers are at the scene, but not if it encroaches on your rights. Be sure to verify the time of the stop and the moment when the investigation began. If it is a particularly large gap between the two, the pendulum may definitely begin to swing in your favor.
You Were Arrested At Home
In the event that you are allowed to leave the scene and you return home, the police are not allowed to arrest you there. Basically, if you are suspected of DUI, is their responsibility to decide which action should be taken while you are still on the scene. The only way they can approach and detain someone while in their residence is if one of the following factors is in play:
- There is a chance that the driver may cause danger to someone in the home.
- It is clear that this is the only way to prevent someone from escaping.
- The person in question entered the home in an attempt to destroy evidence.
- The suspect fled the scene and led the officers on a chase.
These are the only instances when entering a home to arrest someone accused of DUI is permitted. If none of these apply to you, it is likely any evidence will be suppressed, which means the prosecution’s case will be weaker than ever.
Miranda Rights Were Not Read
Whether you believe it or not, there are officers all over that are so involved with arresting DUI suspects that they fail to read them their Miranda rights. This may seem like a defense that only works on crime drama shows on television, but that is not the case at all. If you are arrested and interrogated and there was no mention of your rights, anything that was mentioned cannot be used as evidence against you. Even if you admitted to the arresting officers that you had many drinks and were indeed impaired, the case will be dismissed if there is proof that you were never informed of your rights.
You Were Physically Exhausted
There have been numerous studies that show sleep deprivation can have similar effects on the human body as consuming large amounts of alcohol. If the only evidence the police have that you have had a drink is the fact that you seemed to be impaired when operating your vehicle, you can argue that this only occurred because you were tired from not having enough sleep. Keep in mind that it is not a good idea to risk your safety and that of others by driving when you are sleepy. With that said, it is not legal to arrest someone for this. A verbal warning is usually how this is handled.
It can be unnerving and stressful to be accused of DUI. This is the case whether the person being accused is guilty or not. If you are in this unfortunate situation and you are looking for a way out of it, you should consider all you have read here. It will place you that much closer to having your case dismissed and walking away without tarnishing your criminal record and being given some type of punishment.
Cruising down the roadway after getting wasted might look like a cool idea in the movies but the US legal system sure doesn’t think so. Drunk driving is a serious offense, one that is punishable under the US constitution. Here are some of the basic laws concerning drunk driving cases and the precautionary measures you can take up to avoid such as ordeal. Also, if you know someone who is convicted for driving while under the influence of alcohol you can check up on their jail term and other details on Inmates101, a website that keeps track of all prison inmates across the state;
What Qualifies as “Drunk”?
Now, each state has its own rules to define how drunk a person must be to be qualified as “being drunk”. However, the Congress has appealed for a standard yardstick to measure how inebriated the person is. States that want to tap on a major chunk of federal funding comply with the set standard that presumes that 0.08% of alcohol in the bloodstream is “drunk enough” to drive. There are states where the permissible alcohol content in the blood has been lowered to 0.04% for commercial drivers and even less for people under the age of 21.
Stopping a Drunk Driver
The police often set up random checkpoints on the highway or other frequented routes and stop every vehicle or any car at random for a drunk driving test. A prior complaint by any other driver or any evidence of inebriated behavior adds on to the suspicion and may result in you having to pull over. According to the The National Highway Traffic Safety Administration (NHTSA), “turning with a wide radius, straddling the painted lines on the roadway, weaving, appearing to be drunk, striking or almost striking another vehicle, swerving, driving on the wrong side of the road and, braking erratically”, all fall under suspicious behaviour.
The field sobriety test usually involves the police officer asking the drunk driver to perform some tasks to check its brain-to-limb coordination. Some of the tests to check the cognitive abilities of a person would be to ask him to walk on a straight line or recite the alphabets backward. The police can even conduct a chemical test using a Breathalyzer to measure the drivers BAC or Blood-Alcohol concentration levels. Normally, the driver cannot refuse to give in a sample of his blood or urine to conduct chemical examinations. Failure to cooperate with the authorities may result in penalties or suspension of the license.
The Driving Under Influence (DUI) and Driving While Intoxicated (DWI) are two offenses registered by law which govern the drunk driving cases. All states have DUI laws which are further divided into two sections- the zero tolerance laws and the per se laws. The zero tolerance laws are for underage drivers. The legal age for drinking in the states is 21, people under the age of 21 if found behind the steering wheel with the lowest trace of alcohol in their bloodstream (even 0.01%) are liable for questioning and a penalty. The per se intoxication laws pertain to all adult drivers who have a BAC of 0.08% or more.
The police can convict the driver even without medical proof in case of a “per se intoxication” if there is other evidence to prove his intoxicated state. Most criminal penalties include paying a fee, jail time, probation or community service. People who have a history of DUI violations and reckless road behavior are more likely to get convicted. And if rash driving leads to loss of property or life, then the sentence is even more severe.
The Investigation and Conviction
Once there is enough evidence to convict a driver for rash road behavior, then the police are free to check up on his track record and conduct a detailed investigation to dig up more details. And getting convicted under the DUI laws have an immediate impact on your driving privileges. Your license will be canceled, your vehicle confiscated, and, in some cases, you might even have to serve jail time. If you have a clean track record, chances are the laws might not be as harsh upon you. A regular offender will have to pay the fee and get an ignition interlock system installed in their car at their own expense which could be used to monitor his activities on road.
What Can You Do?
If you are convicted of drunk driving, the best way out would be to just cooperate with the officers. You can demand a lawyer and legal representation in court, but the district attorney offices are usually unwilling to negotiate for plea bargains especially if it’s a serious violation. You can contact a DUI lawyer to get actionable legal advice.
They say everything is bigger in Texas and when it comes to a DWI that saying is also true. Police, judges, and prosecutors take DWI offenses extremely serious and the fines and penalties are some of the biggest in the country, even if it’s your first offense. It’s the holidays and the DWI rates always climb during this time of year just ask Alli Cannon. If you’ve never had a DWI in Texas and are curious of what fines and penalties you’ll be looking at if you were to make the mistake of getting pulled over while being intoxicated here’s what you should know.
When your BAC (Blood Alcohol Concentration) is above .08 you are over the legal limit and will be arrested for a DWI. It’s a Class B Misdemeanor for a first DWI offense in the state of Texas. If convicted you’ll face fines up to $2,000 and up to 180 days in jail. This is for typical DWI cases as there are many factors that go into the judge’s sentence and almost every situation is different.
However, your case can become much more nuanced and complicated if it involves certain other factors such as have a BAC above .15. In this case, you may be subject to a Class A Misdemeanor. You will also face fines up to $4,000 and 1 year in jail. Another thing is you may have to have an ignition interlock device installed in your car. The ignition interlock prevents your car from starting if you have any amount of alcohol on your breath.
If you get arrested for DWI in Texas with a passenger under 15 years old you are facing even more serious penalties. In this case, you will be charged with a felony. The fines for this one can go up to $10,000 and you could face 180 days to two years in jail.
If you happen to seriously injure anyone while you are intoxicated you will be charged with intoxication assault. You would be facing a third-degree felony if this happens and 2 to 10 years in jail. You’ll also see fines up to $10,000
If someone happens to die when you are drunk behind the wheel and involved in an accident, it is a second-degree felony (Intoxication Manslaughter). You will face 2 to 10 years in state prison and fines up to $10,000. Not to mention you will feel awful for the rest of your life.
Remember the holidays are supposed to be a festive and happy time of year, so you don’t want to make a mistake you may regret for a long time and ruin what should be a special season of joy.
It’s that time of year again. Everyone is going to parties eating and imbibing. This time of year the police are out in full force. Cops are waiting just to pull you over and you don’t want to get caught after drinking. A DWI is an awful experience and when it happens around the holidays it only compounds the matter.
You don’t want to be the one to spend Thanksgiving in jail. Picture it. You enjoy an amazing meal with your friends and family but you had a bit too much alcohol to drink. You come to a DWI checkpoint or perhaps one of your tail lights were out and you got pulled over. You don’t want to get caught in this situation but if you do here are some things you need to know in the state of Texas or before you call a Houston DWI lawyer.
Every case is different and when it comes to DWI’s in Texas there are several factors that can have an effect on your case and here are some of the things that a judge considers when sentencing you. Things such as your age. For instance, if you are under or over 21. What kind of license you possess. Have you had a DWI before? How high was your BAC (Blood Alcohol Content)? Were there any drugs involved? Did you cause or were you involved in an accident? Were there injuries or severe damage to anybody’s car? What is your race and what are the judge’s beliefs and tendencies? Is your lawyer any good?
Using the factors above will determine what kind of penalties you’ll receive. Some penalties are mandated and some are discretionary pending other factors. If you are over 21 these are the fines you may receive.
3-180 days in jail
Fines up to $2,000
Suspended license up to 2 years
Surcharge annually to keep your license of up to $2,000 lasting 3 years
Jail time of 1 month to 1 year
Up to $4,000 in fines
Suspended license for up to 2 years
Up to 3 years annual surcharge of up to $2,000 to keep your license
2 to 10 years in jail
Up to $10,000 in fines
Suspended license for up to 2 years
Annual surcharge up to $2,000 for 3 years to keep your license
If you are under 21 you are really in trouble. Texas has a zero-tolerance policy when it comes to underage DWI offenders.
For your first DWI offense if you are under 21 you’ll face a suspended license for 1 year. You’ll face fines up to $500 and have to attend an alcohol education program. You may also have to perform community service. Finally, you may be told you have to put an ignition interlock device on your car. You basically have to blow into a built-in breathalyzer that won’t allow you to start your car if it detects any alcohol. It will also require you to blow in it from time to time while you are driving too.
When the police pull a person over, they are breathalyzed and charged with a DWI; it seems like an impossible situation to “get out of”.
While, most drivers will not get away with it scott-free; there have been some pretty unbelievable cases of people who were clearly guilty of driving with a high BAC getting the proverbial slap on the wrist. This miracle is usually the result of the driver hiring a top DWI attorney that is knowledgeable about the laws in the specific state and region of arrest.
Leverson Budke Criminal Defense
295 Marie Ave E #240
St. Paul, MN 55118
The United States are uniform with regards to DWI law in that the legal limit for alcohol in the blood stream while driving is .08. This is approximately 2 standard sized drinks in an hour depending on weight and gender.
Other than that, each state has its own unique set of DWI laws. States like Minnesota have relatively lenient DWI laws. So much so, that a man was arrested in October, 2017 for driving while intoxicated for the 28th time in his life. Worse yet, he had a valid driver’s license. Issues like this have led to a call to action for Minnesota revamping their DWI laws.
Stricter states like New York can and will revoke a license indefinitely after three DWI’s within a certain period of time.
I Got Drunk After I Was Driving
An affirmative defense to a DWI charge is exactly what it sounds like. A Defendant is “affirming” that they were drunk and behind the wheel but they are defending their actions with some kind of reason.
There are only two affirmative defenses to a DWI in Minnesota.
The first affirmative defense is that the alcohol was consumed after driving and before the breathalyzer was given. In this situation, the Defendant is saying, “Yes, I was impaired, but not while I was driving”. The Defendant must prove that they drank enough after driving and within two hours of when they were behind the wheel to cause a high BAC.
An example of a scenario like this may be if a person got into an accident and then went inside and had a few drinks while waiting for the police to arrive (not likely). The police would see that the person is drunk and issue a DWI. If it can be proven that the suspect was not drunk when they were driving and they got drunk afterward then the suspect may be free of criminal liability.
The second affirmative defense in Minnesota is for being under the influence of prescribed medication. This defense is basically saying, “Yes, I was impaired but the doctor gave me these pills”. The inherent problem with this defense is the fact that every bottle of pills that could possibly impair a person comes with a clear warning to not drive or operate heavy machinery while taking.
There are several other defenses and legal maneuvers for DWI charges. Only an attorney could possibly know what laws to use and how to apply them to a specific case.
Are you facing an underage DUI charge?
In most states, any drivers under the age of 21 and with a blood-alcohol count over .02% can be cited for a DUI.
Aside from the monetary fines, those accused can face a license suspension of one year or more and sometimes even vehicle impoundment.
Drivers may also be required to attend drug/alcohol classes as well as a number of community service hours.
If the offense is a more serious or reoccurring offense, this can also result in jail time.
It’s no surprise that driving under the influence below age 21 presents a unique set of legal issues. However, an underage DUI charge doesn’t have to ruin your life.
Here’s what you need to know if you’re facing an underage DUI charge:
Contact a DUI Defence Attorney
First things first, the single most important step a driver facing a DUI can take is to contact a DUI defense attorney.
While most may first assume to contact their family lawyer, it’s in the driver’s best interest to hire a lawyer that specifically deals with impaired driving charges.
Because we are dealing with high-stress situations, it is imperative to contact your lawyer as soon as the potential for charges exist.
From the beginning, the lawyer will be able to provide you with the knowledge of how to make the best-informed decisions on how to proceed.
High-stress situations often result in immediate panic and stress for the driver. A DUI defense attorney will help to reduce stress and anxiety from the minute the call is placed.
From that moment forward, you will be working alongside your attorney to prove the best possible result.
Without an attorney, this battle is almost always won by the courts. And, considering the effect this one mistake might have on the rest of your life, it is always in your best interest to have to best representation possible.
This is especially the case for more conservative states such as Texas that are governed by more strict drinking and driving laws. For those seeking representation in Texas, DWI attorney in Houston provides the means necessary to maximize your chances of success.
Document Your Night
As soon as you are charged with an underage DUI, it is important to take notes and document everything that happened the night you were arrested.
Considering the high-stress environment, it’s not uncommon to forget small, yet important details that may later help your situation.
This can include things such as where you were, how many drinks you had, the time that passed between your last drink and when you got arrested, etc.
More specifically, be sure to document everything you remember about being pulled over and arrested. This includes:
- The speed you were going before being pulled over
- The way in which the officer interacted with you
- Whether your Miranda Rights were read to you
- Whether your car was missing any crucial parts -taillights, license plates, etc.
If seemingly abiding by the law, having these details documented may help your attorney prove that the officer had no reason to pull you over.
This can help to account for the fact that underage drivers are often pulled over more than other categories of people.
This documentation is the best way to help your attorney to prepare for any charges that you might be facing. And, the sooner these notes are made after the arrest, the more reliable they will be in the eyes of the court system.
Be Careful in What You Say
The first and most important thing to consider when communicating with the police is to be friendly and co-operative.
Remember, it is their primary job to keep the community safe and out of harm’s way. That being said, resist the temptation to be angry or accusatory as this is sure not to work in your favor.
Take a deep breath and remain calm. Sometimes these are routine checks and police simply make mistakes. Whether you believe you are guilty or innocent, it is important to be considerate and aware of everything that you are saying.
Remember, if you are stopped and accused of impaired driving, the police will hold everything that you say under very close scrutiny. This means that everything you say or do has the power to be held against you in court.
In all likelihood, the officer will try to engage you in conversation that will provide the officer with enough reason to arrest you and get you off the road. Have your attorney provide you with advice as to when or when not to engage with the officers.
Prepare for Trial
Work alongside your attorney to prepare for your upcoming trial. Together, you will determine how you plan to plead and handle the various questions and accusations.
Consider that you will likely have to attend a number of hearings. To best prepare, be sure that you understand the purpose of the specific trial that you are attending. It’s also helpful to know what exactly the judge has to prove in order for you to face your penalties.
It’s best to be prepared for the results that may be pending. That being said, discuss with your lawyer the possible outcomes and what, specifically, may lead to each of those outcomes.
If you feel that the case is unlikely to result in your favor, consider what you can do to prove you are serious about correcting the issue.
You can show that you do not take this offense lightly by volunteering to attend classes such as Alcoholics Annonymous and rehabilitating yourself.
Lastly, it is important to dress well and represent yourself in the best light possible.
The reality of the situation is that the judge is trying to determine whether or not you are likely to offend again. Presenting yourself in the best, most professional way possible is sure to help your case.
You Don’t Have to Face an Underage DUI Alone
While DUI charges can result in serious punishment, we understand that young drivers make mistakes. We firmly believe that you should not have to spend the rest of your life paying for one mistake, which is why you should hire an attorney like Cannon Law Texas.
As we know, the driving under the influence laws varies from state to state. That being said, some states are more conservative than others and have less leeway in dealing with these charges.
In more conservative cities such as Houston, driving while intoxicated can impose a variety of penalties and can even result in jail time.
But, rest assured, all does not have to be lost when facing a DUI. It may seem like the end, but when you work alongside a DUI attorney, they are with you every step of the way. This is not something you have to face alone.
Although most people think that the terms DUI and DWI are synonymous, in Texas they are not. There are differences between being charged with a DUI and DWI. They not only mean different things, but they also vary in terms of charges and penalties. What they both have in common is that they can come with some severe and significant consequences if you don’t have the right attorney defending you.
What is a DWI in Texas?
Texas Penal Code Section 49.04 defines a DWI as any person who is found driving while they are intoxicated or they commit the offense of operating a motor vehicle while they are under the influence of an intoxicant. The legal definition of being “intoxicated” is that a person is impaired either physically or mentally due to the consumption of alcohol or controlled substance or any illegal drug. It is also defined as having a BAC (blood-alcohol concentration) of more than 0.08% in their system, as tested either by a breathalyzer or through a blood urine alcohol analysis.
Although a DWI is clearly defined, a DUI is different and is not as concise. A driver can be convicted of a DUI, or driving under the influence, even if they are tested and their blood- alcohol concentration is less than 0.08%. The only time that it is possible to get a DUI if the BAC is not over 0.08% is if the driver is under the age of 21. If the person is a minor and is caught with any amount of alcohol, then they may be convicted of a DUI. Since it is not legal for anyone in Texas to drink alcohol until they turn 21, any consumption of alcohol is considered illegal, and, therefore, subject to criminal charges.
What is the difference in penalties between a DWI and a DUI?
If you are charged with a DUI, then it is a Class C misdemeanor. If you are charged with a DWI in Houston, then it is considered a Class B misdemeanor, unless the person is tested and their BAC is shown to be 0.15% or higher. If the driver is found to have a BAC over 0.15%, then it becomes a Class A misdemeanor. If the driver has a BAC over 0.08%, and they get into an accident that causes someone to be injured, then the penalties can be escalated to felony charges. If you hurt someone while driving while intoxicated in Houston, then you can face either a second-degree or third-degree felony that can come with a prison sentence that can be as long as 10 years and a fine of up to $10,000.
Should you plead guilty or go to court if you are charged with a DWI or DUI?
If you are charged with a DWI or a DUI, you do have the option to plead guilty and just take your punishment. But that is almost never a good idea. Whether you are facing a DWI or a DUI, it is always best to hire a professional DUI auto lawyer to plead your case. They might be able to reach a plea agreement with the prosecutor, have your charges lessened, or in some instances even have your case thrown out altogether.
There are many defenses that an experienced DUI lawyer can use to plead your case. Since specific steps must be followed, if the police faltered in any way while charging you, then your lawyer might be able to use that as grounds for dismissal, or at worst, to get you a plea bargain that will work in your favor. Just because your BAC was over the legal threshold, that does not necessarily mean that you will automatically be found guilty.
Before you decide what to do when charged with a DWI or DUI, it is always a good idea to consult a DWI lawyer in Houston to find out what type of charges you are facing and whether there is a reasonable defense to your charges.
In a land mark ruling in July of 2017, the Michigan Supreme Court convicted a man of DWI for operating a motor vehicle in your own driveway. The police can actually come in, investigate and arrest an individual for driving while intoxicated within their own property.
Leverson Budke Criminal Defense
295 Marie Ave E #240
St. Paul, MN 55118
In the case of the State of Michigan v. Gino Roberto Rea, the defendant was found guilty of driving while intoxicated, even though he was in his car on his own driveway. Gino Roberto Rea’s case was thrust into the spotlight in 2014 when neighbors complained to the police at least three times, about noise that was coming from his property. In response to the complaints, an officer visited his premises and found Rea intoxicated and attempting to back out of his garage. Even though he reentered the garage, the officer arrested him and was later found to have three times the legal limit of alcohol in his blood.
The reason for his arrest was that he had been operating his motor vehicle while drunk, leading to the question of whether an individual can be arrested for DWI while stationary within their own driveway. According to the Michigan Vehicle Code section 257.625 (1), it is unlawful for a person to operate a motor vehicle on a highway or any place that is accessible to the general public and to other vehicles including designated parking areas while intoxicated.
When Rea’s case was first taken to court, his lawyer filed a motion stating that because he had been drinking and driving within his property, he did not break the law. The judge agreed with this motion and dismissed the case. However, the case was taken to the Supreme Court of Appeals under the argument that Rea’s driveway was well within public access and thus it was unlawful for him to operate his vehicle on his driveway while intoxicated.
In the case of the State of Michigan v. Gino Roberto Rea, the fact that the defendant’s property was within access to the public and other vehicle users, prevailed over his right to operate a motor vehicle in the property while intoxicated. According to the prosecutor, there was no barrier between the street and Rea’s driveway to prevent other motorists from accessing the driveway. As a result, Rea was found guilty of operating his vehicle while intoxicated in an area where he could endanger the lives of other motorists.
This ruling is not a law to say explicitly that operating a vehicle in one’s driveway while intoxicated is unlawful. However, it sets precedence to show that just because you are in your driveway, you are not exempt from being charged with a DWI especially when you endanger the lives of the public and other motorists.
Minnesota law on DWI prohibits operating, driving and being in physical control of a motor vehicle while under the influence of alcohol, drugs or other intoxicating substances. The law does not create a boundary between private and public property but uses the criteria of whether these areas are accessible to vehicle use or not.