DRUNK DRIVING DEFENSE SITES ON THE INTERNET

1. Boulder-Denver-Greeley-Ft. Collins, I-70 Corridor and Beyond
   1. Jim Forslund: When you've been arrested for a DUI and you don't think it's fair, you need a lawyer who can protect your rights...make sure you're treated fairly...and who knows how to get results.
2. Colorado Springs
   1. Stephen Anderson
3. Durango
   1. Phillip Snyder: If you have been arrested for an alcohol or substance related driving offense, you could face stiff penalties if convicted--including jail time and a monetary fine. Hiring a lawyer to review the details of the arrest, the evidence against you, and the mitigating circumstances is an essential ingredient in assuring yourself that the judicial system is treating you fairly.
4. Grand Junction
   1. Peters, Andrew: Colorado DUI: ÒDUIÓ stands for Driving under the Influence and occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance, to the extent that their mental faculties are impaired and/or their Blood Alcohol Content is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offenderÕs expense) of a car ignition locking device. In addition, a DUI conviction stays on a DMV record for at least 7 years; it typically results in higher insurance premiums, and an offender may become ineligible for credit. Plus, a DUI could also jeopardize your employment opportunities. However, if someone was injured as a result of the drunken driving accident, it is possible the defendant will be charged with a felony (and if the victim dies, the driver may be charged with vehicular manslaughter). Further, a DUI conviction will likely be raised to a felony if it is the driver's fourth DUI offense or the driver has had a prior felony DUI offense within 10 years of the new charge. A DUI/DWI charge can have serious implications on your life.
5. Pagosa Springs
   1. Robin Auld: DUI? Who Says You Have To Lose Your License and Your Freedom?
6. Trinidad
   1. Rodolfo Reveles

1. Peterson, Lars: raffic-related offenses: * DUI (both civil/administrative & criminal) -Driving while License suspended or revoked * Excessive Speeding, Racing, Reckless Driving -Driving without a valid DriverÕs License * Fleeing the Scene of an Accident -Driving without Valid Insurance Criminal Offenses: * Assault & Harassment -Domestic Violence Disputes * Terroristic Threatening -Liquor/Drinking in Public, Disorderly Conduct * Trespass -Theft * Drug-related offenses - Street Solicitation & Prostitution offenses * Licensing violations -Taxicab-driver related offenses
2. Sims, Cynthia: If you have been arrested for Drunk Driving in the State of Hawaii, you can expect to be involved in two proceedings. The first criminal proceeding begins when you are arrested and can affect the overall outcome of your DUI case. The second is a civil proceeding which will be conducted with the Motor Vehicle Division (MVD) and determines whether or not your license will be suspended. Both proceedings are important to the outcome of your case, but do not necessarily affect one another. It is important that you have a Hawaii OUI Lawyer by your side throughout the proceedings to protect your rights. In the state of Hawaii, a DUI/OUI conviction can result in harsh penalties such as jail time, large fines, and probation. Depending upon the nature and extent of your OUI charge, you could lose your driverÕs license for months, years, and in some cases forever. You will, if convicted, pay substantially more for your vehicle insurance for many years, may not be able to drive commercially, potentially for life. In addition, you will have a record -- future employers will search and access; this could limit your future employment opportunities. You donÕt have to face your OUI/DUI charges alone, and by hiring a qualified and experienced Hawaii OUI attorney you will have the legal support you need.
3. Yoshida, Laura: COURT PENALTIES The following penalties apply in criminal court proceedings if you are found guilty of Driving Under the Influence of an Intoxicant: FIRST OFFENSE: No prior conviction within the past 5 years of DUI (H.R.S. ¤¤291-4, 291-4.4 or 291E) * 14 hour minimum alcohol abuse education and counseling program * 90 absolute license suspension; or a 90 suspension period of which 30 days must be absolute and the remaining 60 days a restricted license for limited work related purposes and to participate in substance abuse treatment programs * Any one or more of the following: o 72 hours of community service o 48 hours to 5 days of imprisonment o $150 to $1,000 fine * Alcohol Assessment and possible treatment * $25 neurotrauma surcharge * May be charged a surcharge of up to $25 to be deposited into the trauma system special fund. SECOND OFFENSE: An offense that occurs within five years of a prior conviction of DUI (H.R.S. ¤¤291-4, 291-4.4 or 291E) * 1 year absolute license suspension * Either one of the following: o not less than 240 hours of community service o 5 to 14 days of imprisonment (with at least 48 hours of imprisonment served consecutively) * $500-$1,500 fine * Alcohol Assessment and possible treatment * $25 neurotrauma surcharge * May be charged a surcharge of up to $50 to be deposited into the trauma system special fund THIRD OFFENSE: An offense that occurs within five years of two prior convictions of DUI (H.R.S. ¤¤291-4, 291-4.4 or 291E) * License Revocation of 1 to 5 years * 10-30 days of imprisonment (with at least 48 hours of imprisonment served consecutively) * $500-$2,500 fine * Alcohol Assessment and possible treatment * $25 surcharge to be deposited into the neurotrauma special fund * May be charged a surcharge of up to $50 to be deposited into the trauma system special fund * Forfeiture under chapter 712A of the vehicle owned and operated by the person committing the offense; provided that the Department of Transportation shall provide storage for vehicles forfeited under this section PERSONS 18 YEARS OR OLDER CONVICTED WITH PASSENGERS UNDER 15 YEARS OF AGE: Any person over the age of 18 who operated a vehicle with a passenger, in or on the vehicle, who is under the age of 15 shall be sentenced to an additional: * $500 fine * 48 hours of imprisonment (provided that the total term of imprisonment for a person convicted shall not exceed the maximum terms of imprisonment.) HIGHLY INTOXICATED DRIVER: a driver who has a bac. Above 0.15 * 6 month prompt license suspension (no work permit or restricted license) * The remaining penalties under the 1,2 or 3 offenses. FOURTH OFFENSE: an offense that occurs within 10 years of three prior convictions of DUI (H.R.S. ¤¤ 291-4, 291-4.4, 291E). This offense is charged under H.R.S. ¤291E-61.5 Habitually Operating a Vehicle Under the Influence of an Intoxicant. This is a Class C Felony. The sentence can be either: * A term of imprisonment of 5 years; or * A term of probation of five years with the following conditions: o Mandatory license revocation of 1-5 years (note: license can be revoked for life on the civil side) o Minimum of 10 days of imprisonment with at least 48 hours served consecutively o Referral to a certified substance abuse counselor o $25 surcharge to the neurotrauma fund o May be charged a surcharge of $50 to be deposited into the trauma system special fund o Any vehicle owned and operated by the person committing the offense shall be subject to forfeiture provided that the Department of Transportation shall provide storage for the vehicle. ADLRO-ADMINISTRATIVE PENALTIES The ADLRO (Administrative DriverÕs License Revocation Office) administers administrative or civil penalties which affect your drivers license only. The ADLRO considers how many Òalcohol contactsÓ you have had, which means they include any criminal or civil conviction. So, even if you have won a criminal DUI in the last five years, but lost at the ADLRO level, the ADLRO will consider that a conviction and use that against you to enhance the current license revocation. Also, it is important to note that an ALDRO license revocation means that you lose your license for the revocation period and that you will have to re-take the written and driving test in order to be re-licensed at the conclusion of the revocation period. 1st ALCOHOL CONTACT IN 5 YEARS: * Your license can be revoked between 90 days to 1 year. * There is an absolute license revocation of 30 days and after the 30 days, they can issue you a conditional permit to drive to and from work (and in some instances during work) and for alcohol classes. * In order to get a work permit to drive, you must show that you have no alternative transportation other than to drive. If you had refused to take any alcohol tests and the hearing officer determines that the police officer had a reasonable suspicion that you were DUI, explained the options to you regarding the different alcohol tests, your license must be revoked for a period of 1 year. If you had a BAC of 0.15 or more, there is a minimum of a 6 month suspension of your driverÕs license, license plates, and registration. 2nd ALCOHOL CONTACT IN 5 YEARS: Your license must be revoked for a period of 1 to 2 years. If you had refused to take any alcohol tests and the hearing officer determines that the police officer had a reasonable suspicion that you were DUI, explained the options to you regarding the different alcohol tests, your license must be revoked for a period of 2 years. 3rd ALCOHOL CONTACT IN 7 YEARS: Your license must be revoked for a period of 2 to 4 years. If you had refused to take any alcohol tests and the hearing officer determines that the police officer had a reasonable suspicion that you were DUI, explained the options to you regarding the different alcohol tests, your license must be revoked for a period of 4 years. 4th ALCOHOL CONTACT IN 10 YEARS: Your license must be revoked for the rest of your life.
4. Yoshida, Glenn: Family Law And Criminal Defense
5. Brower, Scot: A DUI arrest and conviction can severely affect your personal and professional life. You could lose your driver's license, perhaps your job, and your vehicle insurance rates would almost certainly rise appreciably. That process works as follows. Following your DUI arrest, you will receive a temporary 30-day license and an administrative hearing before the Department of Motor Vehicles (DMV) separate from any court proceeding that will be set. We will assist you with that important step. If you do not prevail at the DMV administrative hearing, you will have your license suspended for 30 days unless you can show that you need it to get to work. That could result in you receiving a conditional driver's license for 60 days while your case is working its way through the court system.
6. Tipon, Noel: If you are facing criminal charges, regardless of the severity of the crime, it is vital that you seek the assistance of a qualified Hawaii criminal attorney who can and will give you the particular attention that your case deserves. If you have been arrested or charged with a crime, contact an attorney before speaking with the prosecutor or any law enforcement officials. You have the right to remain silent and the right to an attorney, but you must assert these rights in order to protect them.
7. Shigetomi, Keith: Major Felonies * Drug Trafficking * Drug Possession * Murder Ð Assault * Sex Offenses * Theft / Forgery / Robbery * White Collar Crimes * Internet Crimes State & Federal Offenses Traffic Offenses * Drunk Driving * Driving Without License * Driving Without Insurance * Hit & RunLicense Revocation Misdemeanors * Domestic Abuse / TRO
8. Shum, John: A first time DUI in Hawaii may appear to almost be harmless because of the relatively lenient sentence but it is not. A DUI is considered to be a phased offense and future stops will be punished much more severely and can included a life-time loss of your drivers license (even if you are not convicted) and mandatory jail time. In Hawaii, there are two separate systems that handle a suspected DUI. 1. There is an administrative hearing through the Administrative DriverÕs License Revocation Office (ADLRO) to determine whether your license should be suspended or revoked 2. And a criminal hearing through the Court system to determine if you violated the law and need to be punished. It is important to remember that these two entities are completely separate, they operate in a different manner and you can have inconsistent results between the two. Protect Your Driver's License If the police stopped you for a suspected DUI, they probably took your driver's license and gave you various documents. You should have received a package of information about the ADLRO process, a temporary license and a post card notifying you of your right to explain why the ADLRO should not uphold the suspension of your driving privileges. You should have also received a ticket or bail receipt that shows when and where your arraignment is scheduled to take place. Get Legal Assistance for your DUI It is in your best interest to have legal assistance explaining your rights and fighting to keep you from losing your license. I can guide you through this process and help ensure that you get the best possible outcome. Once you receive the Notice of Administrative Review Decision informing you that the revocation has been sustained you have a limited amount of time to request a hearing. At the hearing, you can challenge all aspects of the alleged DUI and if successful, your license will be returned to you. You can also use the hearing to obtain a conditional licensing permit which allows you to drive to and from work for 60 days out of the standard 90 day suspension period. If you don't ask for a hearing, you won't get one and your license will be suspendedÑ even if you have a good defense or mistakes were made by the police officers. Approximately 30 days after your stop, you will have an arraignment in District Court for the criminal charge of operating a vehicle under the influence of an intoxicant (DUI). This will happen even if the administrative revocation is overturned in your case. For you to be convicted of a DUI, the officers must have had a valid reason to stop you. The officers must have received proper training and performed the field sobriety test properly. Additionally, the machine used to determine you blood alcohol content must be properly maintained, the police must have proof that it has been tested within the required period of time and the results must be accurate. Unless you have an attorney that knows how the procedures are suppose to be done, you cannot be sure if the State can convict you of this crime. Give yourself the peace of mind you deserve and call for a free initial consultation for me to review your case. Over .15% If you were told that because your BAC was over .15% you are considered a highly intoxicated driver, the penalties are much greater. The suspension period is for six months, you are not eligible for a conditional licensing permit and must pay a minimum fine of $500. There are ways to have the length of the suspension shortened but you have to know what to look and ask for to be successful. If you refused to allow some sort of testing to determine your blood alcohol content, you automatically lose your license for at least a year. There are also ways to have the length of the suspension shortened in these circumstances but it is much more difficult. I can help you have a chance to get your license sooner. If you have had one or more alcohol related incidents within the last five years the penalties are even higher. If you are considered an habitual offender, you may lose your license and be subjected to a jail term of up to five years. This increasing level of punishment begins with the first offense. That is why it is crucial not to roll over the first time. If you find yourself facing a second DUI, you cannot risk the possible punishment and need a lawyer to make sure that everything was done properly.
9. Cedillos, Steve: Hawaii DUI law is changing every year. The legislature is continually moving to make DUI penalties stiffer and law enforcementÕs burden of proof lighter. These are further examples of the changes in the DUI and Drug laws in favor of convictions rather than justice. An experienced DUI attorney can help.
10. Leilani Lujan: If an accused has been arrested or is awaiting a trial on criminal charges he may wish to hire a defense attorney. There are numerous defense attorneys that an accused may have to chose from. There are various places to find a defense attorney. Some of the places that an accused may find a defense attorney include: ¥ The court. The court may have a list of potential defense attorneys. ¥ Recommendation from family and friends. ¥ The local phone book. ¥ Contact the State Bar Association. ¥ Consult the Martindale-Hubbell publication for your state. This publication lists various attorneys in your state and area in which you reside. If the accused is indigent, he may request the appointment of a public defender to represent him. What to Ask the Defense Attorney Once the accused has found the name of an attorney, he should meet with the attorney. There are numerous questions that the accused should ask the attorney. Examples of some questions include: ¥ What type of law does the attorney primarily practice? ¥ How long has the attorney been in practice? ¥ How much criminal experience does the attorney possess? ¥ How much does the attorney charge? ¥ How long does the attorney anticipate that the proceedings will take? ¥ What are the potential consequences involved with the offense charged? Once the Attorney is Retained Once the accused has retained an attorney to represent him in his criminal proceedings, the attorney will file an appearance with the court. From that point on, any communications should be through the accused's attorney. The prosecution should not directly contact the accused for questioning or to present a plea bargain. Any communications between the attorney and the accused are considered confidential and cannot be used against the accused.
11. Rustam Barbee: Penalties for DUI and DWI can be harsh. It is important to hire a lawyer who knows Hawaii drunk driving law. Rustam Barbee knows the law, and can zealously represent you in administrative license revocation hearings and fight criminal fines and suspensions.
12. Harrison & Matsuoka: Every lawyer involved in the criminal justice system must adhere to a complex set of rules of procedure to ensure a fair trial. The rules apply to both prosecutors and defense attorneys. This complicated procedure means that the criminal justice system is best dealt with by an experienced criminal defense attorney. A defense attorney should get involved in a case at the earliest stages, even before interrogation, if possible. The arresting officers have the obligation to inform the person in custody that he or she has the right to an attorney, and the right to have an attorney appointed if he or she does not have the resources to pay for an attorney. Most of us are familiar with these warnings--called "Miranda" warnings, after the name of the U.S. Supreme Court case that first required the warnings--from crime dramas and television shows.
13. Brook Hart: You should consult an attorney for individual advice regarding your own situation.
14. David Sereno: In Hawaii, a DUI may occur in several different ways and may be prosecuted as a misdemeanor or a felony. Under Hawaii law jail time is always a possibility. It is critically important to hire an attorney who has the experience to get a good result.
15. Paul Cunny: The Fourth Amendment expressly protects "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." Usually, the prohibition against unreasonable searches and seizures requires police officers to obtain a warrant before performing a search or arresting someone. Although there are several exceptions to the warrant requirement, police officers cannot normally search someone's home without a warrant. In fact, as people have a heightened expectation of privacy in the home, the U.S. Supreme Court has historically afforded the highest level of protection to the right of privacy in the home.
16. John Burge: Driving Under the Influence of Alcohol, or drugs, is a very common crime. It usually is heavily enforced, due to close scrutiny by groups such as Mothers Against Drunk Driving. This crime also effects the most average, everyday citizens. Since the required blood alcohol content (BAC) is so low (.08) in Hawaii, it is easy to get arrested if you have as little as two beers, and drive.
17. Timothy I. Mac Master: In our country, all persons charged with committing a crime are innocent until proven guilty. You are legally innocent unless you are proven guilty. Even if you were DUI, a knowledgeable and skilled attorney may be able to help you to "stay innocent" by avoiding a conviction. If you are convicted for a first offense DUI, or an offense that is treated like a first offense because it is not "preceded within a five-year period by a conviction for an offense under [section 291E-61] or section 291E-4", then you "shall be sentenced as follows without possibility of probation or suspension of sentence: (A) A fourteen-hour minimum substance abuse rehabilitation program, including education and counseling, or other comparable program deemed appropriate by the court; (B) Ninety-day prompt suspension of license and privilege to operate a vehicle during the suspension period, or the court may impose, in lieu of the ninety-day prompt suspension of license, a minimum thirty-day prompt suspension of license with absolute prohibition from operating a vehicle and, for the remainder of the ninety-day period, a restriction on the license that allows the person to drive for limited work-related purposes and to participate in substance abuse treatment programs; (C) Any one or more of the following: (i) Seventy-two hours of community service work; (ii) Not less than forty-eight hours and not more than five days of imprisonment; or (iii) A fine of not less than $150 but not more than $1,000; and (D) A surcharge of $25 to be deposited into the neurotrauma special fund; If the judge wants to throw the book at you, it is possible to get "... [s]eventy-two hours of community service work" plus "five days of imprisonment" plus a $1,000.00 fine. However, it is quite rare for anyone who has not requested credit for time served in jail to be sentenced to jail on a first offense DUI. Some judges impose higher than minimum fines for cases with what they consider to be egregious factors (e.g. high alcohol concentration test results, motor vehicle accidents, uncooperative conduct during the arrest, etc.). Community service is generally not ordered, unless requested by a defendant whose financial circumstances make it impossible, or a hardship, to pay a fine. A suspension of your driving privileges for a criminal conviction for DUI, means that you must surrender to the court, and thus cannot use, your driver's license for the period of the suspension. However, at the end of the period of suspension, the driver's license that you surrendered, can be returned to you, and you can resume using it for the remainder of the period that it was originally issued for. An administrative revocation by the ADLRO means that you will never be able to use that driver's license again. At the end of the period of revocation, you will have to apply for a new license (as if you were applying for a license for the first time). HRS ¤ 291E-61(c) also states: No license and privilege suspension or revocation shall be imposed pursuant to this section if the person's license and privilege to operate a vehicle has previously been administratively revoked pursuant to part III for the same act; provided that, if the administrative suspension or revocation is subsequently reversed, the person's license and privilege to operate a vehicle shall be suspended or revoked as provided in this section. It is both statutorily prohibited, and a logical impossibility, to suspend driving privileges that have all ready been administratively revoked by the ADLRO. However, it is still quite common for judges to order that your license "... shall be suspended for 90 days, to run concurrently with any period of administrative revocation." A license suspension for a first offense always involves 30 days of absolute suspension. During the 30 day period there is no driving, anywhere, for any reason. However, when a conditional driving permit is properly granted, for 60 of the 90 days, you will be permitted to drive: (1) to and from work; or (2) to and from work and for work related purposes. The conditional permit can also enable you to drive to and from any driver's education classes that are ordered by the court, and to and from any court-ordered alcohol abuse treatment or counseling. However, it does no good to receive a conditional permit as part of a criminal sentence, unless you either beat you ADLRO case, or are awarded similar conditional driving privileges by the ADLRO. In addition to these penalties, the HRS ¤ 291E-61(d) also requires that: (d) Whenever a court sentences a person pursuant to subsection (b), it also shall require that the offender be referred to the driver's education program for an assessment, by a certified substance abuse counselor, of the offender's substance abuse or dependence and the need for appropriate treatment. The counselor shall submit a report with recommendations to the court. The court shall require the offender to obtain appropriate treatment if the counselor's assessment establishes the offender's substance abuse or dependence. All costs for assessment and treatment shall be borne by the offender. To get the "alcohol assessment" required by HRS ¤ 291E-61(d), you will be required to make an appointment for an intake interview with the County Division Of Driver's Education for the county that you live in. At an intake interview after a DUI criminal conviction, the County Division Of Driver's Education counselor who conducts the intake interview will refer you to a "certified substance abuse counselor" for an assessment of your "substance abuse or dependence and the need for appropriate treatment", if any. If the substance abuse counselor makes a determination that you have a problem with alcohol abuse or dependence, you can be ordered as part of your sentence for the criminal case get "appropriate treatment." If you do not want to be ordered to attend meetings of alcoholics anonymous, to get outpatient counseling, receive inpatient treatment, etc., you had better ensure that the substance abuse counselor has all of the information that is needed to avoid making such a recommendation (e.g. you accept responsibility for the error of your ways, you have stopped drinking, you are remorseful for all the trouble you have caused for others, and it will never happen again). In addition to the potential fine described above, you will also be required to pay a total of at least $157.00 in Court in fees and administrative costs. You will be ordered to pay $100 as a special DUI assessment fee. You will be required to pay the "surcharge of $25 to be deposited into the neurotrauma special fund" required by ¤ 291E-61(D). You will also be required to pay $25.00 as "contribution" to the Criminal Injuries Compensation Fund. You will also be required to pay the a $7 contribution to help to fund driver's education classes. There is a $250.00 Drug Demand Reduction fee that can also be assessed. Finally, for those who took a blood alcohol concentration test, ¤ 291E-61(f) states: "Any person sentenced under this section may be ordered to reimburse the county for the cost of any blood or urine tests conducted pursuant to section 291E-11. The court shall order the person to make restitution in a lump sum, or in a series of prorated installments, to the police department or other agency incurring the expense of the blood or urine test." If you received a minimum $150.00 fine, and were also ordered to pay another $157.00, for fees and costs, total out of pocket expense for the sentence will be $307.00. If you have $500.00 posted in your case as bail, the court will generally apply the bail toward your fines and fees, leaving you with a bail refund of $193.00. However, if you cannot avoid the sometimes overlooked $250 Drug Demand Reduction Fee - or cannot eventually get it waived - you will be required to make a payment of $57 - after your bail is applied toward your fines and fees). If you do not have bail posted, the court will usually give you up to 60 days to make any payments. If more time is needed, you can request a referral to the "Payment Court" to work out a longer term payment plan. For information concerning criminal penalties for 2nd and 3rd offenses within a five year period, click on the following link
18. Earle Partington If you are arrested for driving under the influence of intoxicating liquor or drugs, you are in serious trouble. You will face two separate and complex proceedings, one civil and one criminal, that must be dealt with at the same time.

1. Hector M. Hernandez Nazario: En San Juan y Cabo Rojo. Ayuda legal para manejar ebrio.

1. Newman, Brian: A criminal law case is prosecuted by the Government, either Federal or State. A prosecution is commenced when a formal written document is prepared by the government accusing a citizen of committing a crime. A criminal case, as opposed to a civil case, can result in prison or jail for the accused. A criminal law case is either a felony or misdemeanor.
2. Lancia, Paul: Criminal and Traffic Offenses Divorce, Custody and Child Support Issues -- Modifications and Contempt Workers Compensation Real Estate and Construction Litigation and Contractual Disputes Collections and Mechanics Liens Will Drafting and Estate Probate Providing comprehensive legal services to individuals and business in the manufacturing, service, construction and maritime industry. Admiralty and Salvage Mechanic's Liens and Bond Claims Dispute Resolution Motorcycle Accidents and traffic violations Auto, truck and boat accidents All International legal matters.
3. Valerio & Weinrieb: Misdemeanors Misdemeanors are crimes that are generally punishable by a maximum fine of $1000 and/or a county jail term of one year. Common examples of misdemeanors: * Petty theft * Simple assault and battery * Marijuana possession * Some domestic violence charges * Prostitution * Driving under the influence charges While every misdemeanor case follows its own path through the law enforcement and legal system, the following events, in general, are typical when someone is alleged to have committed a misdemeanor: 1. Arrest - When a person is accused of a misdemeanor they will be arrested and held by law enforcement. When this occurs, three things may happen: * No charges are filed and the person is released; * The person is charged and posts bail/bond and is released or the person is released on his or her own recognizance ("O.R." release) until arraignment in court; or * The person is charged, but cannot post bail/bond and is not released on his or her own recognizance, and remains in custody until arraignment in court. 2. Arraignment - The arraignment is a defendant's first appearance in court if they are charged with a misdemeanor. At the arraignment, the judge informs the defendant of the charges filed against him or her; advises the defendant of his or her constitutional rights; and, if the defendant cannot afford an attorney of his or her own choice, that the defendant has the right to an attorney appointed by the court (e.g. a public defender). At arraignment, the defendant enters a plea of not guilty, guilty, or no contest. In general, these pleas have the following effect: * Not Guilty: The defendant denies the charges filed against him or her and the case continues to the pretrial hearing. At that time, the defendant is either released on his or her own recognizance, or the court sets bail and the defendant is remanded/committed to the custody of the Sheriff. * Guilty: The defendant admits that that he or she committed the crime and is sentenced by the court. Sentences may include county jail incarceration, probation, fines, community service, participation in rehabilitative programs, or some combination of these punishments. * No Contest: The defendant does not contest (or challenge) the charge and the result is the same as a guilty plea, except that the conviction resulting from the plea cannot be used against the defendant as evidence of liability in a civil suit. 3. Pretrial Hearing - If the defendant pleads "not guilty" at arraignment, the next court appearance is called the pretrial hearing. At the pretrial hearing, there is an exchange of information between the prosecution and the defense known as "discovery". Discovery generally includes items such as police reports, witness statements and physical evidence. The attorneys may also file pretrial motions at this time challenging the charges or seeking to exclude certain evidence. At the pretrial hearing the defendant may also choose to change his or her plea from not guilty to guilty or no contest. 4. Trial (by Jury or by the Court) - If the defendant does not change his or her plea to "guilty" or "no contest," the case proceeds to trial. At trial, the defendant has the right to be tried by a jury of his or her peers who will weigh the evidence presented and reach a verdict of "guilty" or "not guilty." (A defendant may waive this right and choose to have the judge, rather than a jury, hear the evidence and enter a verdict.) If the jury finds the defendant not guilty, the defendant is released and cannot be tried again for the same crime. If the jury finds the defendant guilty, the defendant will be sentenced either immediately or at a later hearing
4. Blackmore, Dana: * Divorce * DWI * Criminal
5. Lockhart, Karen: If you've been arrested you need to know that you have certain rights. Furthermore, any and all conversations you have with a criminal defense attorney are confidential communications and in almost all instances they cannot be offered against you as evidence. Right to remain silent Any statements that you make after you have been arrested may be used against you to prosecute you for crimes in a court of law. These statements may be statements that you make to law enforcement, co-defendant, or even friends. The Fifth Amendment of the United States Constitution guarantees you the right to remain silent in criminal cases, and not make any statements that tend to incriminate you. This right comes into play if you are arrested by the police for a criminal offense. Your silence cannot be used against you in prosecution for crime you are alleged to have committed. You must exercise this right by stating that you do not wish to speak to law enforcement. Once you have invoked this right law enforcement must immediately cease to question you. If you have invoked this right and law enforcement continues to interrogate you, you may be able to have those statements suppressed. Any statement that you make to any other individual may be used against you regardless of this right. It is advisable not to speak to any person other than a criminal defense attorney . Furthermore, if you voluntarily make statements after invoking your right to remain silent, those statements may be admissible against you. Right to an attorney If you are arrested you have the right to representation by a criminal defense attorney. If you cannot afford an attorney the court will appoint one for you. You also have the right to have your criminal defense attorney present during questioning by law enforcement. This right comes into play when you are arrested by law enforcement and you must exercise this right by stating that you wish to speak with a criminal defense attorney. If you are in custody, family or friends can hire a criminal defense attorney for you with your permission. Right to reasonable bail The Eighth Amendment of the United States Constitution guarantees you reasonable bail. Bail is generally determined by a bail schedule which lists bail for each type of offense. There are other factors which may come in to play such as any enhancement to the crime charged against you, or your failure to appear on prior cases. Additionally, if you are on felony probation, you may have no bail on your probation violation. In certain instances you or your attorney can secure your release on your own recognizance, either before or after your first court appearance. It is also possible that your or your attorney may have your bail reduced. This is determined on a case by case basis. Bail may be posted by way of cash (in most instances) or by way of a bail bond which can be secured through a bail bondsman. Right to be arraigned within 72 hours of your arrest You have the right to be brought before a magistrate and be arraigned on your charges within 72 hours of your arrest, excluding weekends and court holidays. If you have been denied this right you may have the right to an immediate release. Your criminal defense attorney can determine if this right has been denied.
6. Konikow, Sam: Drunk Driving 1st, 2nd, 3rd Offense OWI (Operating While Intoxicated) First Offense was at one time considered a minor and usually an isolated event. Before I started to practice law in 1978 these 1st offense cases were often plea bargained totally out of the realm of drinking offenses. Plea offers to Reckless Driving and even to the civil infraction of Careless Driving were not uncommon. Wholesale changes in the Drunk Driving laws, which occurred in 1983, 1992, 1999 have obliterated these laxaties. The drunk driving laws today are so restrictive and harsh, the Driver's Responsibility law so expensive that the hiring of counsel for representation in these cases is academic. OWI (Operating While Intoxicated) Second Offense is so severe a crime that if a person is convicted of it he/she will automatically lose their driver's license for one calendar year ( no restricted license available ). OWI (Operating While Intoxicated) THIRD Offense is a five ( 5 ) year FELONY ! Because it is a driving offense and because law enforcement looks back over a lifetime of your driving record, this felony is inexpungible.
7. Simmons, Kathryn: A first-time offender convicted of drunk driving faces: * Up to 93 days in jail. * Up to a $500 fine. * Up to 360 hours of community service plus court costs. * Up to 6 points on a driver's license. * Up to 180 days suspended license with a restricted license possible after 30 days. Convicted drunk drivers will also be subject to a $1,000 penalty that is included in the driver responsibility program. The $1,000 penalty will be imposed for two consecutive years. Drivers may still be arrested and charged with impaired driving. However, the law no longer has a blood alcohol content associated with impairment. Those convicted of impaired driving face a $500 penalty assessed for two consecutive years.
8. Velazquez, Isadora: 1. Immigration Law 2. Criminal Law 3. Insurance Defense
9. Kollar, Mark: Labor & Employment Law * Wrongful Termination * Discrimination * Harassment * Unfair Labor Practices * Overtime Compensation * And other Labor & Employment Law matters Family Law * Divorce * Spousal Support (Alimony) * Property Division & Settlement * Prenuptual Agreements * Postnuptual Agreements * Name Changes * Child Custody * Child Support * Child Visitation/Parenting Time Estate Planning * Wills * Trusts & Funding of Trusts * Discretionary Trusts & Special Needs Trusts * Pet Trusts * Durable Powers of Attorney * Patient Advocate Designations Probate * Probate Estate Administration * Contested Wills & Trusts * Probate Estate Litigation * Adult & Minor Guardianships * Conservatorships * Ancillary Probate Administration Criminal Law & Traffic Tickets * DUI * Drug Cases * Shop Lifting * Business Torts * Assaults * Traffic Tickets * And other Criminal & Traffic Law related cases Litigation and Trials * District Court cases * Circuit Court cases * Appeals General Areas * Property issues * Landlord/Tenant Issues * Other disputes
10. Waddill & Skinner: When a person finds themselves or a loved one a participant in the civil or criminal justice system, their choice of legal counsel will be the single most important choice they make. Nothing beats experience in the courthouse.
11. Wilson Law Group: The police questioned and then arrested me without reading me a Miranda warning. Can they do this? Police officers do not have to inform persons of their right to remain silent if the person is not currently in their custody. Whether a person is in their custody in the eyes of the law turns on whether a reasonable person under similar circumstances would feel free leave. Consequently, if a police officer approaches you on the street and asks you questions, he or she does not have to read you your Miranda rights unless it appears that the police officer restricted your ability to walk away. Also, preliminary investigative questioning may not trigger the need for a Miranda warning, even though you really were not free to leave. In other words, if an officer stops you for speeding and asks you whether you had been drinking, no Miranda warning would be required because the courts have determined that a person in such a situation is not in custody. Even if the police violated your Miranda rights, the remedy for the violation is a finding that your statements cannot be used against you. It does not mean that the state cannot prosecute the case. Thus, the state will go forward with the case if the prosecutors believe that the state has enough evidence to obtain a conviction regardless of the admissibility of the statements.
12. Ed Ryan:

    Things to know if you have been arrested for a drinking and driving case

    Was there a legal reason to stop and investigate you? Were the field sobriety test done correctly and within NTSA standards? Can you continue to drive even if you did not take the Breath/Blood test? If you lose your license can you still drive to work? Are there any witnesses or a video? What are the strength and weaknesses of your case? Can you avoid a criminal record? TRAFFIC STOP TIPS DO: BE Polite-BE QUIET Show license & Insurance Ask ÒAm I free to go?Ó If so Ð leave. If not- BE QUIET Sign ticket and property receipt ONLY If you consent to a breath/blood test, IMMEDIATELY request a second independent test (that is your right) DONÕT: Admit to drinking! Perform ANY field sobriety test, including the eye test (these are NOT required by law) Argue Talk or make excuses WHAT YOUR LAWYER NEEDS TO KNOW TO HELP YOU Medical conditions, prior injuries, dental problems: all of lifeÕs wear-and tear can be important information for your lawyer to know about to be able to help you effectively. If a potential DUI defense lawyer you are interviewing does not use a questionnaire to elicit all of your medical history, or ask probing questions about your physical condition, you may want to consider a change in counsel. Certain medical and dental conditions make a subject unsuitable for breath testing. Breath testing machines are supposed to be reading alcohol molecules that come from deep lung air, as this is supposed to approximate the alcohol level of the blood. Unfortunately, the machine isnÕt smart enough to know whether the molecules it is reading are coming from the deep lung air, or have been trapped in the mouth, or brought up from the stomach due to a belch or esophageal reflux episode. Dentures, bridges, and other dental work can frequently trap alcohol in the mouth, especially when eating and drinking are occurring together, as is so common in social situations. Other medical conditions are important for attacking supposedly poor performances on field sobriety tests. These balance and coordination exercises, in which officers attempt to judge someoneÕs natural abilities by asking them to do unnatural maneuvers can be greatly impacted by prior injuries or conditions. Being flat-footed, having torn cartilage, or any number of physical ailments can impact a personÕs ability to perform these unnatural roadside tests. Whether or not you are currently under a doctorÕs care, anyone who stands accused of DUI would be well-served to list all prior injuries, significant illnesses, accidents, or medical conditions for their lawyer to consider. While no one enjoys enduring lifeÕs sometimes hard knocks, all of us experience them, and these conditions, sometimes hold the key to hearing the two sweetest words in the English language: ÒNot Guilty.Ó POTENTIAL SOURCES OF ERROR IN BREATH TESTING Calibration of the breath machine being off Alcohol being trapped in the mouth Belching or burping within 20 minutes of being tested Medical conditions making defendant an improper subject for breath testing GERD: Gastro Esophageal Reflux Disorder Official testing protocols not being observed Breath test operator not being properly trained, Elevated body temperature Fundamental assumptions inapplicable: machine is based on ÒaveragesÓ that may or may not apply Breath testing during the Òabsorptive phaseÓ significantly over-estimates true blood alcohol level (and the absorptive phase can last for hours after drinking stops) Did you blow into the machine more than once? Did the officer re-set the machine or change the mouth piece DUI FACTÕS YOU PROBABLY DID NOT KNOW That body temperature can affect the breath test results. That field sobriety tests are optional. If you took them, itÕs only because you submitted. That blood samples can ferment, and create artificially high alcohol reading. That a DUI conviction will cost you more than $10,000.00 over the next three years. The court could order you to have ignition interlock device installed in your car. There are alternatives to some or part of a jail sentence with electronic monitoring and community service. That if you hire a lawyer, in some cases the lawyer can appear in court for you while you go about your normal everyday life. Each shot of liquor, glass of wine, or mug of beer raises your BAC and average of .02%. If you have a license from another state it will be up to that state to suspend your license. If you refuse to take a blood or breath test after youÕve been arrested the court could still suspend your license if found not guilty of the DUI. You will be required to file SR-22 insurance if you get convicted of a DUI or violation of implied consent and get a restricted license. There are different levels of DUI School depending on the assessment, and what offense DUI it is. That only a DUI conviction mandates a loss of license and alcohol school and lesser charge that is negotiable. Not all DUI arrest result in DUI convictions, many settlement alternatives are available. You have a right to a jury trial in a DUI case. To be convicted at trial, all 12 jurors must be convinced in your guilt beyond a reasonable doubt. If even one juror votes in your favor, you cannot be convicted. According to breath machine manufacturer, there is a margin of error in breath testing equipment. The arresting officer is required to continuously observe the subject for the twenty minutes immediately before the breath test, to make sure the subject doesnÕt burp, or place anything in there mouth. The legal limit used to be .15 before it was dropped to .10, and then reduced again to .08? Most car rental companies wonÕt rent to someone with a pending DUI case or with a restricted license. Your best bet is with a small Òmom and popÓ car rental company, and not the big national brands. That a tongue piercing can cause an inaccurate breath test reading by trapping alcohol in the mouth.

Other Countries

1. Beijing-Chen & Associates

1. Brenes Law: Criminal Law Criminal law, also known as penal law, involves prosecution by the government of a person for an act that has been classified as a crime. Freedom has its limits and the most absolute is criminal law. A "crime" is any act or omission (of an act) in violation of a public law forbidding or commanding it, punishable with loss of personal freedom. Among the areas of crime that fall under the Costa Rican criminal law statutes: White Collar Crime; Bribery; Counterfeiting / Forgery; Embezzlement; Fraud; Insurance Fraud; Government Fraud; Murder / Homicide; Restrictive Business Practices; Tax Evasion; Violent Crime; Theft / Property Crime; Drug Crime; and starting December 2008, DUI (driving under the influence). Plea bargaining, evidence, trials, sentencing, appeals, and arrest, search and seizure law demand attention vis-a-vis the clients' Constitutional rights.

1. Christian Vinaa:
   
   
   

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1. Eskander, Michael: ¥ Murder and manslaughter ¥ Agg. Asslt. (Aggravated Assault) ¥ Agg. Asslt. Dang. (Aggravated Assault, Dangerous Felony) ¥ Sexual offences, including rape ¥ Robbery ¥ Theft ¥ Burglary ¥ Firearms offences ¥ Drugs offences ¥ Reckless driving and other driving offences, including DUIs ¥ Deception ¥ Fraud ¥ Conspiracy ¥ And those issued with a Court Summons.

1. Larisa Somfalean: awyers possess the keys to justice under a rule of law -- the keys that open the courtroom door. Those keys are not held for lawyers' own private purposes; they are held in trust for those who would seek justice, rich and poor alike. Ensuring that there is, indeed, "equal justice under law" - not just for the wealthy, but for the poor, the disadvantaged, and the disenfranchised - is the law, sustenance that brings meaning and joy to a lawyer's professional life.

1. Raffles Law: When a driver is charged under section 67 or 68, evidence that he had at the material time a blood alcohol concentration in excess of 80mg of alcohol in 100ml of blood creates a presumption that he was incapable of having proper control of the vehicle. The onus then falls on the accused to rebut the presumption. He may not do so, however, by showing that he has a great capacity for alcohol, since the specific limit set in section 70 is plainly intended to preclude the individual accused from introducing medical evidence as to his personal tolerance for drink.

1. Celja-Pelko, Rok: Labor law - Civil law - Comercial law - Criminal law - Offences

1. Hawke's Bay-Bannister and von Dadelszen: The police officer who is dealing with you in these situations can take two approaches. The officer can make it easy for you or he/she can make it hard for you. Invariably, if you, as a potential offender, are arrogant, obnoxious or abusive, you will be dealt with differently than a person who is polite and cordial. After all, it is the police who decide whether or not to release you that evening. In many cases, the police will give a non-demanding offender a lift home. Those who are offensive will, at the worst, find themselves locked up in the cells to "sober up" or, at best, find themselves walking home.