WHAT IS DUI ?
Driving under the Influence of alcohol or drugs, counting prescription drugs, (also known as DUI and, in some states, DWI) is a serious criminal offense that can lead to devastating consequences. The circumstances under which many people find themselves driving under the influence can vary; however, it is important to note that complete intoxication is not a requirement for being charged with a DUI. This is why the term "Drunk Driving" is so often used incorrectly as one does not need to be "drunk" to commit a DUI but only ‘under the influence' of alcohol or a controlled substance. Driving is a skill which requires concentration and coordination, and on many levels the task cannot be performed correctly by people impaired, even a little, by alcohol or drugs. Any level of alcohol or drugs in a person's body that prevents him or her from thinking plainly, seeing properly, or reacting normally is potentially enough for a person to be charged with DUI.
To decide whether a driver is under the influence of alcohol or drugs, law enforcement officers often conduct Field Sobriety Tests. These may include the finger to nose test, walk and turn test and raised leg stand test. Portable breathalyzers are another tool used by law enforcement to determine a person's level of intoxication. All states in the U.S. have set standards for the Blood Alcohol Content (BAC) threshold (most states currently use .08% BAC) at which a driver is considered per se DUI. In many cases violations of the DUI laws include mandatory minimum jail sentences. If a person is charged with a DUI, the penalties vary depending on circumstances: whether it is a first time offense, the level of impairment or intoxication, and if anyone was injured. In the case of drivers under the age of 21, most states have a near zero tolerance for any concentration of alcohol in the blood (in most states .02% BAC is per se DUI for a minor). In these cases, the penalties and fines are more complicated. While DUI laws vary from state to state, the personal consequences of getting behind the wheel under the influence of alcohol and/or drugs may include driver’s license suspension, fines, jail time, imposed community service, mandatory driving school, and possible medical treatment or counseling is required for repeat offenders. Repeat offenders also risk escalating jail sentences, fines and license suspension time in addition to the possibility of a felony charge for multiple DUI violations.
An accident caused by driving under the influence may also have civil and legal consequences that place responsibility on the driver for any damages that occur. Driving under the influence of drugs or alcohol increases the risk of bodily injury or even death. A minor DUI offense is easily elevated to a felony, which is punishable by longer jail time and higher fines, if the incident caused serious injury, death, or extensive property damage. A DUI violation can be costly in the short term because of fines, court costs and DUI Lawyer fees, but if compensation is involved those costs can escalate exponentially.
The long-term consequences of driving under the influence include increased rates and/or loss of car insurance, restricted or suspended driving privileges, loss of trust from family and friends, and loss of a job due to jail time or criminal record. The act of getting behind the wheel of a car under the influence is not just a decision that affects the driver; it has a rippling effect on the community at large. Facing a DUI charge is stressful, humiliating, and can impose a permanent criminal record that will follow the driver for the rest of his or her life; a DUI conviction is something that may never go away.
Wednesday, November 18, 2009
Tuesday, November 17, 2009
Resposiblities of DUI Laywer
An all too common cause of accidents on the road is drunk driving. This is why the laws against DUI (Driving Under the Influence) offenders are harsh and strict.
However, alcoholism is a recognized as a disease and thus, in some cases those charged with a DUI who also can be proven to be alcoholic, may have an unusual means to fight charges.
Alcoholism involves an intense craving for alcohol that can be as strong as the need for food and water. Family, health, and legal problems are not adequate enough to convince an alcoholic to stop drinking and there are those who experience chronic alcoholism their entire lives. Alcohol abuse can lead to drunk driving. But not all drunk drivers are alcoholics.
Thus, the line between deliberate and more accidental drunk driving is a fine one. So if you are charged with a DUI, you’re next step will be to consult a DUI lawyer. Here’s what you can expect.
The responsibilities of a DUI Lawyer
A DUI lawyer has expertise on laws of the road and the particular crime of driving while under the influence of drugs and/or alcohol. He has a great deal of responsibility, especially if his client is an alcoholic or alcohol abuser. An alcoholic client may experience a car accident, but his or her illegal BAC (or blood alcohol content level) may have nothing to do with the accident. Proving beyond a doubt that a car accident is not the fault of an alcoholic motorist is a daunting task.
All lawyers, including those that specialize in DUI, are subject to strict standards of professional responsibility. These standards are found in the codes of conduct established by state associations. The specific rules vary from state to state, but the basic ethical and professional guidelines are standard. They are that:
1. A lawyer must represent his or her client ethically, keenly and within the bounds of the law.
2. A lawyer must competently analyze legal issues as well as exercise knowledge of the law that is applicable to the case he or she is handling.
3. A lawyer must communicate with his or her client in a timely and effective manner and treat his client as a member of a team.
4. A lawyer must be loyal to his or her client.
5. A lawyer must follow a client’s suggestions, unless they are illegal.
6. A lawyer must keep his or her client’s property separate from his or her own property and funds should be kept in an escrow account.
7. A lawyer is expected to keep all information about the case in confidence and should not divulge anything, except in some rare circumstances.
8. Depending on the law governing a state, a lawyer is likewise prohibited from having a personal affair with his or her client.
9. A lawyer can only represent a willing client.
Aside from the above, a lawyer may have other responsibilities and they depend on the ethical rules that apply in his jurisdiction. Any violation of these rules may result in disbarment.
However, alcoholism is a recognized as a disease and thus, in some cases those charged with a DUI who also can be proven to be alcoholic, may have an unusual means to fight charges.
Alcoholism involves an intense craving for alcohol that can be as strong as the need for food and water. Family, health, and legal problems are not adequate enough to convince an alcoholic to stop drinking and there are those who experience chronic alcoholism their entire lives. Alcohol abuse can lead to drunk driving. But not all drunk drivers are alcoholics.
Thus, the line between deliberate and more accidental drunk driving is a fine one. So if you are charged with a DUI, you’re next step will be to consult a DUI lawyer. Here’s what you can expect.
The responsibilities of a DUI Lawyer
A DUI lawyer has expertise on laws of the road and the particular crime of driving while under the influence of drugs and/or alcohol. He has a great deal of responsibility, especially if his client is an alcoholic or alcohol abuser. An alcoholic client may experience a car accident, but his or her illegal BAC (or blood alcohol content level) may have nothing to do with the accident. Proving beyond a doubt that a car accident is not the fault of an alcoholic motorist is a daunting task.
All lawyers, including those that specialize in DUI, are subject to strict standards of professional responsibility. These standards are found in the codes of conduct established by state associations. The specific rules vary from state to state, but the basic ethical and professional guidelines are standard. They are that:
1. A lawyer must represent his or her client ethically, keenly and within the bounds of the law.
2. A lawyer must competently analyze legal issues as well as exercise knowledge of the law that is applicable to the case he or she is handling.
3. A lawyer must communicate with his or her client in a timely and effective manner and treat his client as a member of a team.
4. A lawyer must be loyal to his or her client.
5. A lawyer must follow a client’s suggestions, unless they are illegal.
6. A lawyer must keep his or her client’s property separate from his or her own property and funds should be kept in an escrow account.
7. A lawyer is expected to keep all information about the case in confidence and should not divulge anything, except in some rare circumstances.
8. Depending on the law governing a state, a lawyer is likewise prohibited from having a personal affair with his or her client.
9. A lawyer can only represent a willing client.
Aside from the above, a lawyer may have other responsibilities and they depend on the ethical rules that apply in his jurisdiction. Any violation of these rules may result in disbarment.
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