Can An Attorney Help If You're Arrested For Dui?

No matter which kind of driver's license a motorist holds - and what kind of conveyance

he operates - when the charge is DUI, the first phone call after the arrest should seek to secure the services of highly qualified criminal lawyers. Driving under the influence is the kind of charge that has far reaching short- and long-term ramifications for any driver; trying to handle the issue without legal counsel likely results in costly insurance rate hikes, possible jail time and also adverse effects on employability.

The legal limit for alcohol is uniform in all states: 8 grams of alcohol in 10 liters of blood or .08%. In some states - most notably Colorado - motorists may be charged with driving while impaired (DWI instead of DUI), which denotes a legal infraction of driving under the influence that nevertheless only showed up as about .05% during a test. Underscoring the need for legal representation by criminal lawyers specializing in the field are also separate laws for holders of commercial licenses. For instance, in New York a commercial driver is considered to be driving impaired if his blood alcohol registers as .04%.

Contacting an attorney as soon as an arrest for DUI has been made has the potential to protect a first-time offender or commercial driver from the most serious ramifications. Even in cases of repeated accusations of driving under the influence, experienced criminal lawyers can potentially decrease the fines and jail time the offender faces. The methodology these professionals use is simple: since much of the arrest process is subjective and relies on the expertise of the officer, they rely on lapses in judgment, procedural errors and elapsed time between drinking and testing to build a strong case.

For example, the initial reason for a stop should be the officer's observation of unsafe or erratic driving. Next comes a battery of sobriety tests. The most obvious one is the question as to whether or not the driver has been drinking. It is interesting to note that - if in fact you have had alcohol to drink - you may refuse to answer the question (politely) on the grounds of self-incrimination. The officer may ask you to submit to a field sobriety test or a hand-held breathalyzer. Motorists have the legal rights to refuse both of these tests.

Seasoned criminal lawyers who specialize in DUI representation strongly urge motorists driving under the influence to decline these tests, even though the refusal leads to an arrest. At issue is the utter subjectivity of the tests - as well as the notorious mis-calibrations that make field equipment unreliable - that nonetheless have the power to convict an accused of driving under the influence. Furthermore understanding that time is an ally, criminal lawyers are adamant that motorists arrested for DUI should wait as long as possible to submit to the legally mandated tests at the station.

If you were unaware of these warnings and face a DUI trial, an experienced attorney by your side is your only saving grace.

by: Stephen Daniels

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