Waldorf DUI Lawyers
- Knicely, Albert:
We live in a country in which our culture is saturated in alcohol. Everywhere you go or look, alcohol surrounds us. In television advertisements, at sporting events, at grocery stores, on t-shirts and hats, etc. Our religions have it, it is present at holiday parties, and it will always be at weddings.
Despite the widespread influence by the alcohol industry and our cultures, we are expected to use self control to know when to say when every time. This includes when you have dinner at a restaurant, or have a few at your work party. This is a no tolerance policy and you do not get a chance or a warning if you decide to have one too many and get pulled over by the police.
A traffic offense is usually the reason why you are pulled over. This can include failing to stay right of center, speeding or erratic speed, and failure in vehicle equipment. Once pulled over, the officer will approach your vehicle and will be looking for any cues that alcohol may be playing a part in the stop, including:
Odor of alcohol, bloodshot eyes, slurred speech, statements that you were drinking, fumbling fingers, etc. If any of these cues are present, it is likely that you will be taken out of your car and asked to perform three tests referred to as Standardized Field Sobriety Tests. These tests are the Horizontal Gaze Nystagmus, the Walk-and-Turn, and the One Leg Stand. The results of these tests will be used to determine whether you will be arrested and charged with a drinking and driving offense.
The results of the tests will also be used against you at your court trial as evidence of your impairment. It is also important to remember that any statements you make to the officers will also be used against you.
If you are arrested and charged with drinking and driving offenses, you will face two separate tribunals:
MVA & Court
The MVA will schedule a hearing for you if you request one. At the hearing, you have the opportunity to show why your license should not be revoked or suspended. Your breath test result will in large part determine how your driving privilege will be handled. If you refused (120 day suspension), or if your result is below .08 or above (above: 45 day suspension or 90 days for subsequent offenses), and whether it is below .15 or above (above: 90 day suspension or 180 for subsequent offenses).
The higher your breath test result, the longer period of time your suspension can be. It is important to attend the hearing and argue that you require a restricted license so that you can get to work and so that you can continue your alcohol treatment.
At Court, you will have an opportunity to either defend against the charges or admit your guilt. You need a lawyer to evaluate your case and tell you whether there is a viable defense to the charges. If no defense exists in your case, often times, your lawyer will be able to work an agreement with the state for a lessor charge (DWI), to knock off any of the minor driving offenses, and/or to have no opposition to a request for a probation before judgment (PBJ).
It is ultimately up to the judge whether you are eligible for a PBJ, but if given, you will be subject to probation usually with a court monitor whom you will meet with once a month to submit proof of compliance with the terms of your probation (eg- continued attendance at alcohol treatment classes, victim impact class, abstention from alcohol and/or drugs, etc.)
Heavy drinkers and social or hardly ever drinkers both find themselves facing a drinking and driving offense. What ever your case may be, once charged with a drinking and driving charge, it is imperative that you immediately contact a DUI/DWI defense attorney to represent you in court and with the MVA.
- Ramsay Law Office:
A night out with friends, one too many drinks, and suddenly you are charged with DUI. Bad mistakes happen. Paying for them for years or the rest of your life doesn't have to be the only outcome.
- Palumbo Law Group:
Criminal Consequences of Your DUI/DWI
There are ways that we can handle your case that might enable you to avoid getting a DUI/DWI charge on your criminal record and points adversely assessed on your driving record. Even a conviction for your first drunk driving charge can lead to serious long-term repercussions. A Probation before the Judgment (PBJ) plea is an excellent way to protect the record of certain first-time offenders.
The more DUI/DWI convictions you receive, the more serious the consequences you obviously face. Our firm has experience dealing with multiple DUI charges, charges of vehicular (vehicle) manslaughter, drunk driving accidents, and other serious allegations.
- P A Hotchkiss:
Your driving record is worth defending, and it is worth your while to get all the help you can get in defending drunk driving charges, including DWI and DUI.
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