Don't be fooled when you hear "It's just a DUI, you can handle it yourself."
The charge of 'driving under the influence' is defined in the California Vehicle Code instead of the California Penal Code. However, it is a criminal charge that carries potential jail time for a first offense and mandatory incarceration for subsequent offenses.
The Department of Motor Vehicles can also suspend your driving privileges. And, should you get caught driving while your license is suspended for a DUI, jail time is mandated.
When pulled over for suspected driving under the influence the officer will gather evidence to establish the probable cause necessary to arrest you for the crime. This will most likely include some testing. Balance and co- ordination tests, commonly called field sobriety tests, and a preliminary alcohol screening (PAS) test, will most likely be requested by the officer. Although it's generally a good idea to comply with an officer's request, many times motorists confronted with this situation are made to believe they 'must' comply. Actually, you are not obligated to do so.
Among the field sobriety tests the officer may ask you to perform are those considered "standardized".
There are three Standardized Field Sobriety Tests (SFSTs) that the National Highway and Traffic Safety Administration (NHTSA) recognize as scientific indicators of alcohol impairment.
1. Standing on one foot and balancing;
2. The walk the line and turn test:
3. The Horizontal Gaze Nystagmus test (the officer is watching for
the involuntary jerking of the eyes, when the eyes slowly track an
object).
Each of these "standardized" tests must be explained and administered by the arresting officer accurately in order for the tests' results to be properly indicative of substance impairment.
A competent criminal defense/DUI lawyer must know the proper administration of these tests for proper assessment of the strength of the case against you and for effective cross-examination of the officer should the matter proceed to trial or a DMV administrative hearing.
A skilled defense attorney, who is most likely NHTSA qualified, can sometimes determine just from the face of the police report that the officer is not NHTSA qualified based on the recitation of his/her administration of the tests. Only an experienced defense attorney would notice this.
Upon an arrest for DUI, you are obligated to take either a blood or breath test (urine if suspected of driving under the influence of drugs). Further, you will most likely be jailed at least to "sleep it off". Your vehicle may also be impounded.
The arresting officer will also take your license and issue you a temporary paper license, which is valid only for 30 days unless you take action to contest the DMV's suspension of your driving privileges.
The DMV action for suspension is independent of the criminal case and is triggered simply by the arresting officer's declaration that he/she had probable cause to arrest you for driving with a blood alcohol level of 0.08% or greater. It is possible to get your DUI criminal matter dismissed or even achieve a "no filing" decision by the prosecuting agency, but still suffer the suspension from DMV. It is therefore imperative to simultaneously defend both the criminal and administrative actions.
During the litigation of both your criminal and administrative cases there are many items of discovery a skilled criminal defense lawyer knows to obtain. These attorneys also know what any given DUI arrest is worth based on the specific facts of the particular case. Plus, they know how to successfully contest the DMV's suspension of your driving privileges.
I encourage you not to 'go it alone.' It's important to have a competent defense lawyer to guard your rights; one who specifically knows DUI law and the pitfalls.
Angela Berry-Jacoby has been practicing exclusively criminal law, including the defense of DUI/DWI's, for her entire career. She is NHTSA qualified, having completed the 36-hour course. She continues to successfully defend DUI's in court and through the administrative process.
Source: Ezine Articles
Florida DUI Attorney
No one necessarily wants to be in a position where they have to seek
legal counsel for any situation. When lawyers get involved, that's
usually when things get ugly for some, if not all of the parties
involved. If you are involved in a situation where you need
representation from a good criminal lawyer, it helps to know what to
look for in the best criminal lawyers.
Here are some very important qualities that you should look for before obtaining legal counsel:
Tenacity
A good criminal lawyer will never say die, they will be ever prepared
to do what it takes to get the win. Long, long hours pouring over every
little bit of information available - studying case files, interviewing
witnesses and seeking new information that even the police haven't
found are all things that your lawyer should be doing for you. If your
lawyer is getting eight hours of sleep a night while representing you
than he isn't doing enough to win the case and earn his fee.
Reputation
A good criminal lawyer will be known and recognized in the community,
you will have heard their name and seen their face because they are
ever determined to win and will want everyone in the community to know
how hard they work. A good criminal lawyer's reputation for success
will most certainly precede them.
Experience
Practicing law is a very tricky and difficult occupation, requiring
thousands and thousands of hours of study and experience 'in the
trenches' to truly perfect. You want a criminal lawyer that has dozens,
or better yet hundreds, of cases under his or her belt. With every case
tried a good lawyer will learn something that they didn't have up their
sleeve before and you'll want the benefit of all of those tricks
present in the lawyer that is going to be representing you. It's even
better if the lawyer has a good bit of experience representing people
in cases similar to yours - some will say that experience is
experience, but there are some inherent pitfalls that come with trying
certain cases and the more experience your lawyer has dealing with the
actual specifics that he or she will encounter with your case, the
better prepared her or she will be.
High Workload
If you call a lawyer to make an appointment and they tell you that they
are available any day at any time, that is not a good sign. You want a
lawyer that you have to fight to get an appointment with; because that
means that they are working. An overly busy lawyer normally gets to be
overly busy by winning cases, if a lawyer tells you that he has
unlimited availability then they probably haven't done to well for
themselves in the courtroom. It's much better to be squeezed in by a
winning lawyer and give yourself the best chance of getting top quality
representation than to choose your appointment time with a lawyer who's
got too much time on his hands and set yourself up for defeat.
Local Office
You'll want a lawyer who's got a local office rather than someone from
outside of the jurisdiction. A local lawyer will often have solid
relationships with many of the judges and many of the prosecutors that
you'll be appearing before. If your case happens to be one of the many
that will be pleaded out to avoid trial, than those close knit
relationships with the judges and the prosecution could come in very,
very handy in your particular case.
Depending on your case, your choice of legal representation could very
well be a life altering decision. Don't pick blindly from the phone
book, do all of the appropriate and necessary research to ensure that
you are getting the best possible representation that you can afford
for your particular case because that's the only way that you'll truly
be able to feel confident going into the trial.
Source: Article Base
Florida DUI Attorney
The Florida Association of Criminal Defense Lawyers, based in Tallahassee, regulates the functioning of criminal lawyers in Florida. Founded in 1988, it has nearly 1,500 members. Its mission statement, according to its official website www.facdl.org, lists five important objectives, of which two are of great importance to consumers. They are: “To improve the criminal justice system at the judicial, legislative and executive levels” and “To promote the protection of the rights of individuals.” FACDL is the state organ of the National Association Criminal Defense Lawyers, whose Official website is www.nacdl.org.
Usually people imagine a criminal lawyer to be a professional involved in highly dramatic situations in courtrooms. However, this is only one aspect of their work. A criminal lawyer may spend one day with the client discussing the legal problem. He may spend another day in the study [library or a computer terminal] doing research on relevant points of law. He may spend yet another day in trial practice, actually pleading before the judge in court. Sometimes, he may also be visiting the scene of the crime.
Most criminal lawyers spend hours researching and developing legal reports and documents. Though the advantages of information and communication technology are immense, there is a downside too, particularly in relation to cyber and transnational crimes. This means that today’s criminal lawyers need to be equipped with the latest methods to handle these issues. In the US, there have always been excellent facilities for continuing legal education programs. The Florida Association of Criminal Defense Lawyers offers regular programs for its members.
www.facdl.org is an excellent resource to locate criminal lawyers in Florida.
Florida Lawyers provides detailed information on Florida Bankruptcy Lawyers, Florida Business Lawyers, Florida Criminal Lawyers, Florida Family Lawyers and more. Florida Lawyers is affiliated with Florida Alcohol Treatment.
Source: Ezine Articles
Florida DUI Attorney
DUI Laws
On April 7, 2002 Governor Bush signed a Bill that changed many of the DUI laws. Below is a list of some of the DUI laws that have either changed or will be new Florida DUI laws as of July 2003.
Felony Driving Under The Influence
- A third DUI conviction within ten years of any prior DUI is a third degree felony. Prior to July of 2002 a third DUI within 10 years was a misdemeanor offense. Some Florida jurisdictions will still prosecute these cases as misdemeanors.
Ignition Interlock Devices
-An Ignition Interlock Device is a device placed inside a vehicle which requires the driver to breathe into a tube before the car will start. If any alcohol is detected on the drivers breath the vehicle will not start.
-Any person convicted of a second or third DUI that intends to obtain a permanent or restricted driver license, will be required to have an ignition interlock device installed in their vehicle at their own expense. The number of DUI convictions determines how long the interlock device must remain in the car. Previous to the new law (effective July 2003), Interlock devices were only installed in vehicles pursuant to court order. Drivers will now be required to submit proof of the interlock installation to the Department of Highway Safety and Motor Vehicles.
Breath Refusal Law Changes
-As of July 1, 2002, a second refusal to submit to a breath test can be charged as a first degree misdemeanor punishable by up to one year in county jail. The license suspension will remain at 18 months. The constitutionality of this new law is being challenged by multiple criminal defense lawyers throughout the state.
Standardized Field Sobriety Testing
The Standardized Field Sobriety Test (SFST) is a battery of three tests administered and evaluated in a standardized manner to obtain validated indicators of impairment and establish probable cause for arrest. These tests were developed as a result of research sponsored by the National Highway Traffic Safety Administration (NHTSA) and conducted by the Southern California Research Institute. A formal program of training was developed and is available through NHTSA to help police officers become more skillful at detecting DWI suspects, describing the behavior of these suspects, and presenting effective testimony in court. Formal administration and accreditation of the program is provided through IACP.
The three tests
of the SFST are:
1. the horizontal gaze nystagmus (HGN)
2. the walk-and-turn
3. the one-leg stand.
These tests are administered systematically
and are evaluated according to measured responses
of the suspect.
HGN Testing
Horizontal gaze nystagmus is an involuntary jerking of the eyeball which occurs naturally as the eyes gaze to the side. Under normal circumstances, nystagmus occurs when the eyes are rotated at high peripheral angles. However, when a person is impaired by alcohol, nystagmus is exaggerated and may occur at lesser angles. An alcohol-impaired person will also often have difficulty smoothly tracking a moving object. In the HGN test, the officer observes the eyes of a suspect as the suspect follows a slowly moving object such as a pen or small flashlight, horizontally with his eyes. The examiner looks for three indicators of impairment in each eye: if the eye cannot follow a moving object smoothly, if jerking is distinct when the eye is at maximum deviation, and if the angle of onset of jerking is within 45 degrees of center. If, between the two eyes, four or more clues appear, the suspect likely has a BAC of 0.10 or greater. NHTSA research indicates that this test allows proper classification of approximately 77 percent of suspects. HGN may also indicate consumption of seizure medications, phencyclidine, a variety of inhalants, barbiturates, and other depressants.
Divided Attention Testing
The walk-and-turn test and one-leg stand test are "divided attention" tests that are easily performed by most sober people. They require a suspect to listen to and follow instructions while performing simple physical movements. Impaired persons have difficulty with tasks requiring their attention to be divided between simple mental and physical exercises. In the walk-and-turn test, the subject is directed to take nine steps, heel-to-toe, along a straight line. After taking the steps, the suspect must turn on one foot and return in the same manner in the opposite direction. The examiner looks for seven indicators of impairment: if the suspect cannot keep balance while listening to the instructions, begins before the instructions are finished, stops while walking to regain balance, does not touch heel-to-toe, uses arms to balance, loses balance while turning, or takes an incorrect number of steps. NHTSA research indicates that 68 percent of individuals who exhibit two or more indicators in the performance of the test will have a BAC of 0.10 or greater. In the one-leg stand test, the suspect is instructed to stand with one foot approximately six inches off the ground and count aloud by thousands (One thousand-one, one thousand-two, etc.) until told to put the foot down. The officer times the subject for a 30 seconds. The officer looks for four indicators of impairment, including swaying while balancing, using arms to balance, hopping to maintain balance, and putting the foot down. NHTSA research indicates that 65 percent of individuals who exhibit two or more such indicators in the performance of the test will have a BAC of 0.10 of greater. The effectiveness of SFST in court testimony and evidence depends upon the cumulative total of impairment indicators provided by the three-test battery. The greater the number of indicators, the more convincing the testimony. Because SFST is administered according to national standards and is supported by significant research, it has greater credibility than mere subjective testimony.
Alternative Testing Methods
Sometimes, an officer will encounter a disabled driver who cannot perform the SFST. In such cases, some other battery of tests such as counting aloud, reciting the alphabet, or finger dexterity tests may be administered. If the proper motions are filed, these test are usually not admissible at trial.