What Is a DWI Charge?
Drunk driving is a concept that most of us understand as wrong, but it’s still something that’s incredibly common. In 2016, alcohol-impaired crashes accounted for 28 percent of all traffic deaths (around 10,500 people).
It’s no small wonder that if you are caught drunk driving, then you are very likely to be charged with a crime. In most states, this crime is known as a DWI.
A DWI charge is serious, and even if you get leeway with your first one, these charges and convictions grow progressively worse. Here’s what you need to know about dealing with a DWI
What is a DWI Charge?
A DWI charge refers to “driving while intoxicated,” and it usually specifically refers to driving with a blood alcohol content (BAC) that impairs your driving.
While the term is used widely, each state has its own definitions of a DWI charge. So, you should refer to your DMV or state attorney general if you want a specific description of the impaired driving laws in your state.
Many people believe that you can only receive a DWI charge if you have a BAC over the legal limit. This isn’t true in all jurisdictions. While a BAC of 0.08 will earn you a DWI charge almost every time, you can get a DWI with a 0.07 or even a point 0.06.
In some cases, you can receive a DWI for failing a field sobriety test or generally being impaired. For example, if you drive while extremely tired and after having a beer and you get pulled over, you can face DWI charges.
DWI vs. DUI: What’s the Difference?
A DWI refers to driving while intoxicated and a DUI stands for “driving under the influence.”
Often, a DUI can refer to either drunk driving (under the influence of alcohol) or drug driving, under the impairment of drugs (including prescription drugs).
Like the use of DWI, the way a DUI charge comes about depends on the state. Some states use the terms interchangeably, and some assign specific crimes.
It’s best to check the definition for each state if you’re curious.
You should also remember that you can get a DUI without being drunk. In fact, you can get slapped with a DUI charge even if you have no alcohol or drugs in your system.
What About an OUI?
If you live in Maine, Massachusetts, or Rhode Island, then your state uses the term OUI, which refers to operating under the influence.
Even here, the different jurisdictions within each state decide whether they use the OUI or OWI (operating while intoxicated).
The definitions are largely similar, but it’s still important to check with your city or state to see how they deal with these cases.
Is a DWI Charge a Felony?
The answer is yes, but not always.
Most states consider first – and even second – DWI arrests to be a misdemeanor. Misdemeanors come with lesser penalties, including lower fines and less jail time. Some states like Texas will also allow you to defer the crime by pleading guilty. In exchange for the plea and other stipulations, the state keeps the DWI off your record, unless or until you commit a second DWI.
You then enter felony territory after your third DWI arrest.
When is a First DWI a Felony?
Being charged with a DWI is almost always a felony when the crime goes beyond getting behind the wheel after a few drinks.
States typically sanction you for:
- Having a BAC over 0.15
- Driving with a child in the car
- Getting into an accident
Very often, these mean that you not only face a felony DWI charge but also additional charges that come with higher fines and potentially even a prison sentence.
How to Defend Yourself from a DWI Charge
When you’re charged with a DWI, you have the right to defend yourself in court.
This is particularly important if you weren’t intoxicated or if you were the subject of an illegal stop.
What are the most common defenses? Here are a few:
1. Faulty Equipment
Breathalyzers and other DWI-related equipment fail at an alarming rate. They also need to be perfectly calibrated to enjoy any sense of reliability.
If the arresting officer predicates the charge solely on the breathalyzer test, then this can be a helpful argument.
2. Illegal Stop
You don’t have the right to drive under the influence of alcohol, but you do have the constitutional right to avoid illegal search and seizure.
In order for a police officer to pull you over, they need probable cause. They can’t pull over your car because of how you look – it’s illegal.
If you believe you were targeted by the police for a reason unrelated to your behavior, then you can potentially make the argument that the stop was illegal.
In the case that the judge finds the stop was unlawful, then the charges no longer apply.
3. Improper Testing and Storage
Because breathalyzers and field sobriety tests can be so inaccurate, police must arrange a blood alcohol sample quickly if they arrest you.
The test needs to come from a reliable and licensed lab and phlebotomist.
If the police use someone untrained or unlicensed, or they wait for hours to test your BAC, then this can be a potential defense.
Additionally, all relevant samples are then evidence. They must be properly stored and maintained – all within the chain of custody – to serve as evidence in your case.
If your sample was mislabeled or contaminated, then it’s not a suitable sample for evidence. The judge may rule to exclude the evidence, which is often the primary evidence for your case.
Were You Charged with a DWI?
Although having a beer and getting behind the wheel is still common in many parts of the country, it is dangerous. So, it’s no surprise that a DWI charge – even as a first offense – is appropriately serious.
Several states provide some leeway to specific first offenders, but once you receive your second DWI charge, you have a much bigger fight and a potential felony record in front of you.
Did you learn something from this article? We’ve got more great content in our Lifestyle archive.
Help With a DWI: What Steps Can You Take?
Have you ever gotten behind the wheel when you know you shouldn’t? Over 1.5 million individuals get arrested for driving while intoxicated every year. This includes those caught driving under the influence of drugs or alcohol.
If you are a part of this statistic, then you’re likely in need of some DWI help.
How should you handle your arrest? Should you plead guilty or fight the charges? Do you need a lawyer? Get the answers to all these questions and more below.
1. Analyze Your Arrest
If you got charged with a DWI, then police likely stopped you while you were driving. The authorities may have given you a sobriety test or a breathalyzer.
Either way, you found yourself in the backseat of a cruiser on your way to jail.
The best thing you can do first is to comply. There’s no sense in trying to argue with the officers who arrested you or those booking you. If you do, then it may make your situation worse.
When you have a clear mind, you need to analyze what happened. Start thinking about what happened during the arrest from start to finish. Were your rights violated? Did you cause an accident or violate traffic laws to cause the stop?
Be honest with yourself — were you intoxicated?
Analyzing what happened will help you determine what options you have next.
2. Consider Potential Defense Strategies
Next, you’ll want to start considering the potential defense strategies available to you. Consider the specific circumstances of your arrest. Why? Not every defense will work in your situation.
Here are some of the most common DWI defense strategies that work:
- Police had no probable cause to stop your car
- You were not read your rights before cops questioned you
- There was a valid reason for appearing intoxicated (medical conditions, fatigue)
- Faulty breathalyzer test
- You were driving impaired out of necessity to prevent a greater evil
- Involuntary intoxication
It’s important for you to consider these options while using your best judgment. If you don’t think a defense strategy will work, then it likely isn’t strong enough to hold up in court.
That brings us to your next step — determining how you will plead.
3. Determine How You Will Plead
Analyzing your arrest and considering your potential defenses are important steps. After, you should have a clear picture of your options. Use that information to determine how you will plead.
You have the option of pleading either guilty or not guilty.
During your initial arraignment, there’s no real benefit to pleading guilty. If you do, then you may get offered a plea deal. But, you also won’t have a chance to defend yourself against your DWI charge.
Most accused individuals plead not guilty at their arraignment. If you do, then the judge will set a future court date for you. If you choose to, then you can always change and decide to plead guilty later.
4. Hire Representation
During your arraignment, the judge will ask you if you have representation. They’ll ask if you want a court-appointed lawyer or if you plan on hiring one.
Whether you decide to plead guilty or not guilty, you need a lawyer. An attorney will represent your best interests. They’ll give you solid advice and help you plan your next steps.
It’s advised that you plead not guilty and get representation. Then, move on to step five.
5. Prepare for Court
Consulting with your lawyer is crucial. Together, you can prepare for your court date. This day is crucial because it’s the only chance you’ll have to argue against your DWI charge.
If you plan on pleading not guilty, then a lawyer will help you construct a defense. They’ll give you advice on what to say and how to present yourself in court. They’ll also help prepare evidence and witnesses to back up your claims.
If you plan on pleading guilty, then a lawyer can still help. They’ll know different steps you can take to secure a better plea deal. This may involve going to alcohol education classes or doing community service before the big day.
6. Should You Appeal a Guilty Verdict?
Did you plead not guilty and go to court only to wind up getting found guilty? If so, then you still have an opportunity to appeal the court’s decision.
The appeal process is lengthy and expensive. Always consult with a lawyer to determine if this is the best option for you.
7. Complying With Your Punishments
If you aren’t considering an appeal, then it’s time to deal with your consequences. Depending on your circumstances, you may need to:
- Serve time in jail (up to six months!)
- Pay significant fines
- Endure a license suspension
- Attend alcohol classes
- Serve the community
The last thing you want to do is fail to adhere to your punishments. If you do, then you may be subject to even more drastic penalties.
8. Expunging Your DWI Conviction
Have you done the crime and the time already? Do you wish there was a way to get that pesky arrest erased from your record?
If you followed the steps above, then you should be in good standing with the law. You complied with your punishments and avoided getting into more trouble. So, why do you still have to suffer with the conviction on your permanent record?
You may not have to. Speak with your lawyer about DWI expungement.
This process will erase your DWI conviction. That means no more reporting your arrest to potential employers! It will no longer appear on background checks.
Once expunged, your record will be squeaky clean once again.
DWI Help When You Need it Most
Getting arrested and charged with a crime is a scary experience. This article provides some great DWI help for individuals going through the process. Follow these tips, and you’ll be able to move forward with your life.
Despite this advice, it’s still best to get legal representation after a DWI charge. A lawyer will protect your interests. Feel free to browse around our online lawyer directory to help you find one today.
Tips From A DWI Lawyer Syracuse To Prepare For Your Case
Driving under the influence or DUI refers to the offense or crime of driving a motor vehicle while you’re impaired by alcohol or drugs (prescription or recreational drugs), in which you might potentially cause harm to yourself and other people.
A DUI conviction could significantly impact not only your finances but also your work and family life. That’s why it’s essential to know the next steps to take after your DUI arrest by hiring a DUI lawyer to fight a DUI case successfully.
In this post, you’ll learn some helpful tips from a Syracuse DWI lawyer on how to prepare for a DUI case.
Hire an Experienced DUI Lawyer
With any criminal case, the best person who can legally prepare you to handle a DUI case is a lawyer. Your DUI attorney will assess your case, so you can decide what plea is better if it’s a “guilty” plea or “not guilty.” Also, your lawyer will help gather and analyze substantial evidence with the help of expert investigators. That’s why it’s important to contact and visit a trusted DUI lawyer to seek legal advice.
Here are some ways that a DUI lawyer can help you:
- A DUI lawyer can represent you both in criminal court and DMV proceedings for a better outcome of your case.
- A DUI attorney can help you get more satisfactory results for your DUI case, like a plea bargain or case dismissal.
- A DUI lawyer can help minimize the time you need to spend in court because you don’t need to be present for court appearances with private counsel.
Proper Preparation for Defense
A part of proper preparation is discussing with your DUI defense lawyer is what plea you should enter. Your lawyer will be reviewing the facts of your DUI case to make the best decision. The next step to a “no contest” or “guilty plea” is sentencing. However, if you decide to enter a “not guilty” plea, you and your lawyer can test the evidence and proceed to a court trial.
Here’s how a lawyer can help you prepare for a court proceeding:
- Review Circumstances: Your DUI lawyer will help you remember the possible reasons why you were pulled over, specifically what the arresting officer stated as the reason why. Most pullovers are a result of disobeying traffic rules or being involved in a road accident or car crash.
- Review Details of the Incident: An experienced DUI lawyer will be asking you some questions to help you recall all the details of the event. Your lawyer might suggest writing down all the details in a piece of paper or notebook so you won’t miss anything.
- Prepare All Legal Documents: Your lawyer can help obtain the necessary evidence and legal documents to help you wit your DUI case. While the prosecution would be prepared with the Breathalyzer or blood sample test results, police report, and all other evidence, your lawyer can interview potential witnesses, like passengers or bystanders. Also, your lawyer can seek medical experts to prove that your medical condition could have probably affected the results of these tests.
- Mock-up Question: An experienced DUI lawyer knows how important a mock-up question is for a more successful case outcome.
Be Emotionally and Financially Prepared
A DUI arrest can be emotionally stressful. That’s why it’s important to prepare yourself emotionally. With the possibility of spending time in prison, you and your family also need to prepare financially, most especially if you’re the breadwinner of the family. That’s why hiring an experienced DUI lawyer is important, so someone can defend you and even help you pass through the involved emotional turmoil. Also, your lawyer can help speed up the legal process so you can get the best outcome for your case.
The emotional stages associated with a DUI case include shock and denial, fear and remorse, anger, depression, and acceptance of reality. An expert DUI lawyer can refer you to healthcare professionals to help you manage and develop positive coping mechanisms. Your lawyer will explain how the legal process works to properly set your expectations and prepare you to accept the facts and reality of your DUI case eventually.
Conclusion
When preparing for a DUI case, it’s important to seek the legal help of a dependable DUI lawyer right from the start. By doing so, you’ll be in a better position to make major decisions concerning your case, such as what plea to enter. A DUI attorney will help gather strong evidence to help you obtain a plea bargain or possibly case dismissal.
Tips on Hiring the Right DWI Lawyer For Your Case
This can lead to a huge issue if one is not aware of state laws and citizen rights. One must know that one is innocent until proven guilty. To be able to prove oneself innocent, one must properly defend oneself, and this is only possible with employing the right and qualified DWI/DUI lawyer.
Having said that, choosing the right Defence Lawyer can be a daunting task, whichever state you may have been hauled up in. One must consider her or his customer service, affordability, dynamics between the parties and their success rate in such a case.
Here are somethings to be considered while choosing a DUI lawyer
- Only after grave research and study about previous clients, their prior client relationships and background should one select a DUI lawyer.
- Their response time and availability for issues related to the case must be considered.
- Check whether they specialize in only DUI cases or do they also handle other legal and defense cases. It is preferred to choose a specialist since their depth of knowledge will be great on the subject and related cases. They will be aware of loop-holes and ways around laws and regulations more than a generic lawyer.
- The past success rate, wins and the number of pled cases is also good to know.
- How long they have been in practice also adds to the depth of wisdom and experience.
- Cost and fee is another important factor to be considered.
The chemistry and trust one has with the lawyer and how they make one feel is also vital is selecting a DUI lawyer. Do they give one the feeling that they believe in the client and are willing to fight for the case with all their skills and ability? This can only be judged after a preliminary meeting that must be set up prior to the hiring process. They should be able to tell you why they are willing to represent the person and take the case.
One must be able to look beyond the pleasant and outer garb of the lawyer and read his or her personality before doing the hire. Since at a pitch meeting, they will be putting their best foot forward so they are selected. Too good may mostly be an untrue representation, so be vary. Be armed with questions to ask the lawyer at the pre-hire meeting. The regulations and laws for penalties under DWI are very strict in all states including Texas. Make sure to hire a good DUI lawyer to help in such a case. One must take enough time to seek out and select the lawyer since in legal matters extra precaution must always be taken.
What to look for to hire the right DUI law firm for you
When you’re facing a DUI charge, it’s important to have the right people in your corner. This will largely come down to finding an expert DUI lawyer who can fight your case and hopefully reduce or eliminate any punishments you could be facing.
But when you need representation from a DUI expert, what should you be looking for to make sure you hire the right DUI law firm for you?
Local expertise
When it comes to looking for a DUI lawyer, it’s important to know that they know the law in your state as well as they can. As well as thorough knowledge of state law, they’ll also be more familiar with the processes of your particular state. You want to look for a well-known firm in your area, with a range of similarly well-known and respected lawyers in their employ. You might look here, for example, if you were looking for a DUI firm in Los Angeles
On top of the fact that a local DUI law firm will have more knowledge of the way your state functions, there’s also the simple consideration that looking out of state for a law firm to represent you could increase your eventual costs. It might be that you’re looking for someone who’s successfully defended a string of high-profile cases and you’re looking for the best you can find from several states over. However, in many cases, local expertise could trump a lawyer brought in from out of state, while saving you money in the process.
A good history
In 2016, in California, 1,059 people died in drunk driving accidents.Because of the severity of the crime and the potential punishments involved, it’s important to know that you’re being represented by a firm you can trust.
Being represented by a lawyer who has a strong history of successful cases under their belt can be particularly reassuring when it comes to a DUI case. While you could hire a lawyer from any general law firm to represent you, there’s no guarantee that they would be as effective as a lawyer with several years of DUI specific law experience behind them.
What you want to look for is an ethical firm that’s been established in the DUI sector for a while now, as well as a firm that has a good track record of successfully defending DUI cases.
Affordability
Cost is a key factor when it comes to finding the right firm. Unfortunately, some firms can be too expensive, while seem a little too cheap to be reputable and ethical.
Beating a DUI charge, only to spend $1,000s of dollars that you don’t have in doing so, can be a very risky and dangerous approach. As a rule of thumb, only hire what you can afford.
Size of firm
The size of the firm representing you might sound like an odd one to consider, but it is important all the same. Some firms might be far too busy to take on your case, while some might take your case and not give you the high-quality legal representation you deserve during your trial.
Ideally, what you’ll be looking for in a DUI law firm is a firm that’s quick to respond, patient and methodical when listening to your story, and eager to defend you as best they can.
While finding an agency that attentive might sound difficult, this is why it’s so important to do thorough research when going through this process. Spend too long looking for a firm, and you might inadvertently leave it too late to appeal a sentence; spend too little time looking for a firm, and you might rush into the first cheap first you find, only to be disappointed by the quality of what they provide for you.
5 DUI Excuses You Should Never Make
First of all, let’s make it clear – when you drink, you do not drive. This means that you shouldn’t start making excuses after you have your first beer, knowing that you will be driving home later.
If you do so, that very excuse may get you into more trouble than you thought. Most of the time, bad excuses will just make the officer pulling you over be harsher on you. With the right DUI lawyer, you may be able to get yourself out of trouble – but there are some ways for you to prevent getting yourself into trouble in the first place.
Therefore, in the following paragraphs, we’ll talk about five DUI excuses that you should never make – naturally, besides driving drunk, as you mustn’t do that!
I Didn’t Know the Legal Limit
It doesn’t matter whether you are a foreigner or a local, this excuse is never going to work, and you might get yourself a lecture as well. It goes without saying that the officer is not to blame because you don’t know the law.
On top of that, knowing the limit is not the point here. You had a drink, and then you started driving when you shouldn’t have – DUIs are not given any exceptions. Keep this in mind!
I Am Sleeping It Off – I Know I Shouldn’t Be Driving
Many times, drivers would pull over on the side of the road and sleep their intoxication off. However, the law states that, while in control of a vehicle and under influence, you are committing a crime.
Naturally, this applies to when you pull yourself over as well. On top of that, the officer will easily realize that you drove for quite a few miles before you pulled over – while intoxicated.
Using this excuse means admitting to the DUI!
I Didn’t Want a Parking Ticket/Towed Vehicle
Come on – we already know this excuse is not going to work! The second you turn on the vehicle’s engine and start driving, even if it’s just to move your vehicle, you commit a DUI.
In short, avoiding a ticket or a towed vehicle is not enough reason for an officer to let you walk away!
I’ve Only Had Two Drinks
This is probably the worst thing you can say to an officer who is pulling you over. Keep in mind that alcohol affects people differently and you may be more intoxicated than you think.
Don’t try to guess your BAC after just a couple of drinks. This will only get you in more trouble!
I Live Close By – Just a Couple of Miles from Here
One might think that a five- or ten-minute trip while intoxicated won’t do any harm. Well, thinking so is very wrong – why?
Statistics show that most drunk driving accidents happen within only five miles away from the driver’s home. Distance won’t be taken into account – you will still be charged with a DUI!
The Bottom Line
Of course, stating that you can handle your liquor is simply the best excuse you can make while being pulled over. You may sound manly – since men use this one more – but you’ll still get a DUI and a fine!
In the end, the only thing you can do while still able to come up with excuses is not to speak and contact a DUI lawyer as soon as possible. Let them get you out of trouble, and don’t try any silly excuses!
What Happens If You Get a DUI? 9 Things You Should Know
Every 50 minutes, a person dies in an alcohol-influenced automobile accident in the United States. Since alcohol-related car accidents cost $44 billion each year in damages and loss, the government takes DUI’s seriously.
If you’re facing DUI charges, you might be uncertain what to expect. What happens if you get a DUI and how can you get your license back?
Read on to find out:
1. What Happens If You Get a DUI? Prepare for an Arrest
If you’re charged with a DUI, the first thing you can expect to happen is an arrest by a police officer and taken to the nearest jail or police station. Your photo (mug shot) is taken and you’ll also be fingerprinted.
Depending on what state you reside in, you might be released immediately if someone pays your bail and drives you home. Many other states have laws in place that require you to remain in jail until you’re fully sober.
2. Court Appearance
When you’re arrested, you are issued a court summons which will specify a date and time that you need to appear in court. Here you’ll face the charges for driving under the influence.
If you deny charges or plead “not guilty” and you decide to try to fight the case instead, prepare for any police car dashboard video of you taking a sobriety test.
3. You’ll Lose Your License
In every state, even if this is your first DUI offense when you’re charged with a DUI, you can expect to lose your driver’s license for a certain amount of time. Though there are some states that offer what’s known as a “hardship license” that allows offenders to drive to work or school while their license suspension is in effect, keep in mind that your driving privileges are still drastically cut.
If you happen to refuse a blood or breathalyzer test when pulled over, your license is suspended immediately before you’ve even had a chance to go to court.
4. Expect to Pay a Fine
What happens if you get a DUI? Another consequence you can count on is paying a fine for your offense. Every state has a law in place in which a fine is part of the penalty for drunk driving.
The fines might be higher if other offenses are committed at the same time and depend upon the circumstances surrounding your arrest. If, for example, you injured another person, damaged some property, or endangered other because of your reckless, drunk driving, you can expect a fine increase.
There are also court costs associated with your case that you’ll be responsible for paying as well.
5. Spend Some Extended Time in Jail
Expect to spend at least a couple days, if not longer, in jail. The length of time spent in jail will again depend upon the severity of your offense and the injuries or damages caused as a result. For some first-time offenders who managed not to cause any harm to others or damage any property, a weekend in jail is usually the maximum.
Jail terms are longer for repeat offenders and those with aggravating circumstances that are connected to their DUI offense.
6. Complete Your Probation
Even if your sentence doesn’t include any time in jail, you’re still given a probation sentence. The terms of this probation sentence are determined by the judge handling your case. If you fail to meet all the terms of your probation, there’s a chance you can spend some time in jail as a result.
The probation includes other expenses that you’ll need to pay. This might include a monthly fee to pay for all the costs associated with handling your case.
7. Drunk Driving School
In order to get your license back after a DUI conviction, you’ll more than likely have to complete an alcohol education program, sometimes referred to as “drunk driving school”.
During this course, you’ll undergo hours of drunk driving prevention education as well as learn skills to assess your current drinking habits and how they can improve.
Once again, there’s a fee to take these classes, but if you want to get your license back, it’s part of the process.
8. An Alcohol Evaluation
As part of the probation requirements and alcohol education program, a counselor might be assigned to you to help you determine if you have a problem with alcohol abuse.
If you are assigned a counselor, they’ll ask you questions about how your life is impacted by your alcohol consumption and what steps you need to take to get it under control.
9. Prepare to Pay Higher Automobile Insurance
If you’re convicted of a DUI, it will impact your auto insurance. You’ll need to acquire a special type of insurance called SR-22 before you can drive again.
Read more about this type of insurance and how to obtain it.
This insurance can double, sometimes even triple, the premiums. You’ll need to have this type of auto insurance in place for a minimum of 3 years.
Get Legal Help If You’re Facing DUI Charges
Now that you know a little bit about what happens if you get a DUI, make sure you’re protected legally from facing a sentence that is harsher than you deserve.
Find an attorney that is experienced in representing those who have been convicted of a DUI by browsing our extensive database. Our site helps you narrow down your search by specialty and location so you can find the best attorney for your needs.
Illegal Traffic Stops & DWI – How the 4th Amendment Can Help You Win
The U.S. constitution fourth amendment affirms the right of the people from unreasonable searches, including Illegal Traffic Stops & DWI. Police need a search warrant that’s signed by a judge unless a court has permitted an exception to the warrant.
But a “Terry Stop” permits the police to briefly detain an individual in case they’ve got a “plausible suspicion” that the individual is involved in criminal activity. The ultimate goal of the fourth amendment is to protect people’s freedom from unreasonable intrusions and the right to privacy by the government.
But the fourth amendment doesn’t warrant protection from all seizures and searches; it’s only those considered unreasonable under the law and done by the government. Thus, law-abiding citizens should tolerate Illegal Traffic Stops & DWI.
Illegal Traffic Stops & DWI – Traffic Stopping of Motor Vehicles
Besides the reasonable and articulate suspicion of criminal practices, a vehicle law violation or a traffic officer can handle the stop. Despite most of the speeding infringements not being crimes, police officers can lawfully pull drivers over for speeding.
More so, equipment violations under the watch of a police officer can merit for a traffic stop. Though, that doesn’t warrant Illegal Traffic Stops & DWI.
Illegal Traffic Stops & DWI – Two Kinds of Traffic Stops
Under the fourth amendment, police are justified to arrest you under the following 2 circumstances.
- Equipment law or observed traffic violations – though not crimes.
- Observed facts amounting to RAS – Reasonable, Articulable Suspicion of crime activity.
If drivers accused of petty misdemeanor speeding or Illegal Traffic Stops & DWI have a trial, the prosecuting attorney is obligated to ask for evidence in court. It helps the judge to prove that the man is guilty beyond any doubt.
While the prosecutor must approve the lawful traffic stop, they also need to establish there was an objective basis by the police officer to believe the driver was speeding.
Standards of proof – RAS
The government’s legal standard to substantiate a fourth amendment seizure is minimal as compared to the support evidence and the charge against the culprit. Its rule requires objective explanations within the present tense before detaining the suspect by a police officer.
The information that police get after Illegal Traffic Stops & DWI can’t justify the matter. In case the judge doesn’t believe there was an object stop basis, she suppresses the resultant proof. Prosecutors don’t apply substantiations from illegal stop to file for a trial or criminal charge.
Illegal Traffic Stops & DWI – Police Can’t Extend Traffic Stops and Wait for Drug Dogs
The U.S. Supreme Court authorized that police can’t extend suspects detention during Illegal Traffic Stops & DWI. That’s while the officers search for proof of crimes unassociated with the offense that triggered the initial stop.
Illegal Traffic Stops & DWI – Is it an Illegal Police Traffic Stop?
Under the fourth amendment, police officers must establish a plausible cause before they legally search your vehicle or stop it. Probable cause refers to signals, behaviors, or actions that affirm to the officer that you’re a reasonable suspicion.
It’s evidence that you’re planning or actively committing a crime. But an officer can order you to stop if you’re facing one of the following.
- Speeding
- Stolen or Missing license plate
- Failure to adhere to traffic signals
- Matching a vehicle’s description that’s previously reported by another citizen
- Expired inspection sticker or registration
- Failure to remain in your lane
- Visible signs of unlawful behavior
Note the police officer can’t pull you after hearing you committed a crime or because they heard from various channels that you’re the person involved in the violation. For instance, the hat you wore or the bumper sticker at your auto’s back isn’t a good reason to pull you by the side.
If the officer can’t give any of the items as mentioned above, you might be facing an unlawful traffic stop.
Illegal Traffic Stops & DWI – Forget the Case if It’s Unlawful
At the starting of the Illegal Traffic Stops & DWI case, the legal defense team always asks for the dashcam footage. They go through it to comprehend the charges, while the video portrays on whether or not it’s a legal or illegal stop.
The seasoned team of attorneys led by Leverson Budke thoroughly checks to confirm that laws and procedures are followed according to the protection of your rights. It may be reasonably simple to send away your case once it’s established that the incidence didn’t occur during the encounter.
The fourth amendment is powerful enough even to protect you if there’s a dead body or a weapon on the truck! That’s said, an Illegal Traffic Stops & DWI accusation may not even get to the court’s door.
Illegal Traffic Stops & DWI – Warrants: The One Exception
If you’ve got an arrest warrant, the legality of your stop no longer matters. In recent verdicts from the Supreme Court, police can use any obtained evidence without probable cause in case the suspect had an outstanding warrant during the time of the arrest.
Courts used to condemn police law mistakes hence triggering the first tort liability. Afterward, exclusionary rule usage, based on the verdict that the seizure wasn’t reasonable in line with the fourth amendment.
Illegal Traffic Stops & DWI Blood Tests – 4th Amendment Warrant prerequisite
There’s the requirement for a blood test during a stop. The check authenticates whether the driver is driving under the alcohol or drugs influence. But police officers aren’t authorized to issue an immediate blood test or with no permit of the person.
The DUI Stop & Blood Test
When police utilize a DUI stop for the auto-check, it’s to remove the few that partake in these unlawful practices. The process aims at minimizing the number of injuries and wrecks. Typically, law enforcement has particular reasons for establishing and applying Illegal Traffic Stops & DWI to arrest drunk drivers.
The random stops offer a mechanism to get the hold of those who break the law and endangering other people. The sudden traffic congestion comes both as a disguise and opportunity to help those who don’t adhere to the law.
Blood tests, however, are the best to confirmation for Illegal Traffic Stops & DWI suspects. They’re the most ideal in ensuring the law enforcement agencies are aware of the issues. But the Supreme Court ruled the test type must accompany the driver’s permission.
As a result of the ruling, the officer can’t order the individual to give their blood even in cases when other tests aren’t accessible. Ordinarily, local police utilize field sobriety test. By shining light on the driver’s eyes, it assesses the pupil dilation in addition to other techniques to discern whether the person is drunk.
Illegal Traffic Stops & DWI – When Can the Police Force Search Your Car?
The fourth amendment is against unlawful seizure and search. Hence, arbitrary police auto searches are illegal. Whenever police search your auto without valid season or permission, they go against your constitutional right.
Typically, officers should have solid reasons to believe the individual has committed the crime. They can then go ahead and search it. That prevents common cases of Illegal Traffic Stops & DWI.
However, with the fourth amendment, police have more freedom to search for your auto as compared to home search. It’s the automobile exception to the requirement of a search warrant. Individuals have less privacy expectation when driving a car.
More so, the exception is founded on public safety issues, for instance, over speeding and drunk driving. A police officer can also search your auto under the below conditions.
- You’ve given consent to the police
- A police officer has an implausible cause of crime evidence in your auto
- An officer plausibly believe the search is crucial for their protection, for instance, a weapon in your automobile
- Officer has a legitimate search warrant
- You’re arrested, and the search is associated with it, for instance, a search of illegal drugs
Illegal Traffic Stops & DWI – Consenting to a Search
To search your auto, officers can inquire permission from you. But you can remain silent or decline the request in case there’s no issued warrant. At times, the accused isn’t aware of the search consent or the rights because they presume they’ve no choice.
But law ignorance isn’t defense and the search permission waives your rights under the fourth amendment. Whenever an officer searches your auto without permission, don’t argue with them. Unlawfully gotten proof can’t be used against you under the “exclusionary rule.” It offers hope for Illegal Traffic Stops & DWI victims.
Illegal Traffic Stops & DWI – Probable Cause
There’s a possible case in case the officer believes the person has committed a crime. The officer has the legal authority to perform the search. For instance, police can search an automobile if the owner has bloodshot eyes, and there’re chances the auto has marijuana.
The search can also happen whenever the auto matches the getaway description of an automobile used in a bank robbery. Besides, any crime evidence deserted in an officer’s “plain view” can be seized and also lead to more search. An officer will also search if they see a glass pipe holding drug residue on the dashboard of your auto.
In that case, the plain view evidence establishes a plausible cause of a crime. Federal courts also likewise allow the plain view doctrine to use other forms of sensory proof. An example is the smell of drugs coming from an auto’s trunk.
There’re chances the officers will use a drug-sniffing dog to detect the substance. It’s the same case of searching for a kidnapped victim at the back of a van weeping for help. On the other hand, the “plausible suspicion” threshold isn’t astringent as the one needed to establish plausible causes.
It’s more than a “hunch” although it doesn’t significantly involve indisputable crime proof. For instance, a swerving motorist may be drunk or a nonqualified driver. It can also offer a police officer with a plausible suspicion to investigate more.
Illegal Traffic Stops & DWI – Seeking Legal Advice
Perhaps you’re stranded after facing Illegal Traffic Stops & DWI. Don’t worry as the constitution protects your rights. Police searches are serious, and that’s why you need a lawyer to review the proof in your case.
In matters dealing with Illegal Traffic Stops & DWI, the lawyer will assist you in deciding if to file a motion and suppress the unlawfully acquired evidence. Similar to public members at large, officers can make mistakes. That includes even those relative to the content and scope of laws.
Mistakes of law associated with police, however, differ in consequence and kind. Police who performs Illegal Traffic Stops & DWI does the opposite – to enforce the law.
Illegal Traffic Stops & DWI – Your Criminal Defense Attorney
A good defense lawyer determines whether the fourth amendment seizure defense challenge can be successful. Since most of the police analyses start with a Terry stop, a winning problem means a full win for the defense.
The fourth amendment investigation doesn’t end there. The attorney takes a gander at the intrusiveness level and detention length and if it was justified. Was there any subsequent illegal search? Even with the initial Illegal Traffic Stops & DWI, the stop expansion by the officer might be unlawful.
Bottom Line: Go for an Aggressive Defense
After pulling over, do you think you were mistreated? Call Leverson Budke to handle your case professionally. Budke is an experienced and skilled attorney who has the know-how in handling similar cases.
Even if you’re subjected to Illegal Traffic Stops & DWI, there’s a way forward. There’s always evidence for arguments and ways to scrutinize your case before expecting for the best – case dismissal!
With an implausible track testimony of dismissed cases, the attorney has a strong defense team that gets ready to beat your charges. When things start going south in that Illegal Traffic Stops & DWI, don’t fret!
If you have any questions at all, call Leverson Budke and let us present your best defense!
How Michigan’s Super Drunk Statute Works
A night out with friends, maybe a few drinks during the game, and maybe a few more after victory and a decision to ride yourself home while intoxicated could land you into problems with the law.
Now, if you’re in Michigan, you live in a liberal state where you are allowed to drink and drive, provided your alcohol limit also known as Blood Alcohol Level (BAC) is under .08. Once you reach or exceed the .08 limit, you are above the legal limit and vulnerable for arrest.
However, once your BAC reaches .17, which is roughly double the legal limit, you are considered as “Super Drunk.”
While the super drunk offense is still considered as a misdemeanor in Michigan, the consequences are far-reaching and might be quite severe in some cases. In fact, the charges or rather penalties for super drunk are twice, on average to those of standard DUI charges and this is why it’s always advisable that you hire Patrick O’Keefe a criminal justice attorney in Lansing MI, once you’re charged with Super Drunk driving.
What is Super Drunk
In late October 2010, the state of Michigan enacted a new law known as the High Alcohol Enhanced Law.
The High Alcohol Enhanced Law, popularly known as the Super DUI or Super Drunk OWI law, usually addresses the first time DUI offenders.
Like its name suggests the Super Drunk enhanced law enhances or rather boosts the penalties for those convicted of those driving with excessive BAC.
Typically, a conviction under the new super drunk law will result in a myriad of consequences, including compromising your driving privileges as well as jeopardizing your future employment. More disturbing, a conviction under this law will create a permanent criminal record for you.
Super Drunk Statistics
Not every drunk driver is convicted with the super drunk offense.
As we had mentioned earlier, this law is only applicable to first time DUI offenders or those with no previous DUI records in the last seven years.
In addition to having no prior drunk driving records, the super drunk law is applicable when your BAC is .17 or higher.
In a nutshell, you can only be convicted for super drunk if:
- It’s the first DUI offense
- Have no previous drunk driving convictions in the last seven years
- Your blood alcohol content is more than .17
Regarding BAC, a unit of alcohol increases your BAC by .025, so when you’re convicted of being super drunk, you have approximately six to eight drinks of alcohol.
If this is your repeated offense, regardless of whether it’s .08 or 0.17, it’s regarded as a second offense category. The second offense charge is a whole new and different crime from Super Drunk.
For drivers with no prior drunk driving convictions, they are liable for “enhanced” penalties including:
- 45 days of no driving
- 320 days of controlled driving
- Fines
- Possibility of a jail term
Super Drunk vs. Standard OWI
| Consequences | Standard OWI | Super Drunk |
| Potential Days in Jail | 93 days | 180 days |
| License Suspension | 30-day suspension | 45-days suspension |
| Restricted driving | 150-days restriction | 320-days restriction |
| Fine | $x | $2x |
| Extras | Have a BAIID installed in your car, Receive alcohol treatment for a minimum of one year |
Collateral Consequences of Super Drunk Conviction
As we had mentioned in the introduction, the consequences of super drunk charges are far-reaching, and will even go beyond what we’ve mentioned above.
In any case, like any other felony, the consequences will splatter to other areas of your life.
For instance, your insurance provider will require you to remit higher premiums because you’ve already displayed negligence in your personality. In extreme cases, some of the insurance providers might even drop your insurance altogether, rendering you unable to drive.
Additionally, your super drunk criminal records can be accessed by third parties, and this will severely jeopardize your reputation when looking for a job.
And as we had mentioned, the judge might require you to install a Breath Alcohol Ignition Interlock Device (BAIID) during your restricted driving period. Understand that it will be your responsibility to purchase, install and maintain the BAIID and might have an effect on your finances.
Why You Need a Michigan Super Drunk Attorney
When convicted using the Super Drunk law, the stakes are always high, as you could even end up in jail.
Fortunately, you can hire Patrick O’Keefe Law to fight for you.
Why a DWI Lawyer is Vital and How You Can Choose the Right One
You’re facing DWI charges, but you do not know what to do. You think you should contact a lawyer, and you are on the right track, but a lawyer who doesn’t specialize in your area of focus may not be the best choice. You need a DWI lawyer for several reasons. The following will tell you why and how to choose one.
First off, you want to avoid bad advice. It is easy to get wrong information about your situation; for example, a friend might tell you they know someone who knows something about law and that this person could help. Do not get fooled by this kind of information because it’s free. You need to recognize that DWI lawyers have helped many people and will help you if you give them a chance.
What Does a DWI Lawyer Bring to the Table?
The problem with criminal lawyers is they do not understand DWI/DUI cases as well as the specialists. These types of attorneys may very well suggest that you enter a plea deal when you probably have a good chance of winning if you fight.
Why Should You Hire a Specialist?
Most of the time, the charges against you are backed by science. This usually makes it seem like there is no way to fight these charges, but you can fight if you know how to do it.
The evidence prosecutors have against you is pretty flawed, and DWI lawyers know how to use that in your favor. Take the breath analysis as an example; there are all sorts of reasons why the reading in the breath analyzer could be off.
How do You Choose a DWI Lawyer?
Okay, now you know why a good DWI lawyer is a good idea, but how do you go about choosing one? First off, you cannot just find the most inexpensive lawyer. It is your life on the line, and you deserve the best, not the worst. The following are a few things you should look for:
Great Record
The first thing you want to do is to make sure you look for a DWI lawyer with an excellent track record. It may feel a little strange to ask your potential lawyer questions about his or her history, but you can ask. You want to hear that this person has won several cases, including some that sound like yours.
Local Presence
Make sure you find a lawyer that knows your area. A lawyer will probably have connections with judges and prosecutors. The relationships of a locally based lawyer have nurtured valuable connections that may help you get a better deal. Just ask this question so that you know you are working with the right person.
Scientific Background
The evidence prosecutors have against you is related to science, so it might be a good idea for your lawyer to have a background in science. The good thing is many good DWI lawyers have some knowledge of science. You want this because this means they’ll be stronger lawyers.
AVVO Rating
A good lawyer has a good AVVO rating because past clients and people they have worked with think highly of them. You can check this score online, and you’ll know if this is a person you want to work with.
Hopefully, this information helps guide you to the right lawyer to handle your DWI case. Having a good lawyer by your side may increase your chances of coming out on top and beating the case against you.
[yasr_overall_rating]
