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Tewksbury Drunk Driving Lawyers

• Dillon, Shawn: Driving under the influence (DUI) means driving the motor vehicle under the influence of alcohol or other intoxicating drugs to the level where the mental and motor skills are impaired. It is also known as Driving while intoxicated (DWI), Operating while intoxicated (OWI), Driving while impaired (also, DWI) or Drunk driving based on the jurisdiction. DUI is considered as a major offence in every state in US as it causes large number of deaths, accidents, injuries and damages every year. If an officer has a reason to suspect that you are driving under the influence of alcohol, he may subject you to the following field sobriety test that tests your coordination, balance and motor skills. The common field sobriety tests are: * one leg stand test * Horizontal gaze nystagmus test * The Rhomberg balance test * Walk and turn test * Finger to nose * Finger count Besides these tests the officer may want you to take a breathalyzer test to check your blood alcohol level by taking your breath sample. It is a chemical test to estimate your level of intoxication. If your blood alcohol level is above 0.08%, then you are proved to be under the influence of alcohol. The drunk driving offence is charged under misdemeanor. The person charged under misdemeanor is ordered to pay a fine and may be sentenced to minimum term of imprisonment and also a suspension of driver's license occurs. On the other hand, a death or a major accident resulting from drunk driving is charged under felony. Seeking a legal help is the crucial thing to do after being arrested for DUI. It is important to consult a defense lawyer primarily practicing in the field of drunken driving defense and is a qualified DUI lawyer. The defense lawyers can find a loophole in your case and help you win the case or at least keep the adverse consequences to minimum. The DUI Process manual provides solution related to expunging your DUI record, getting your driver's license back, saving a lot of money on your auto insurance and even saving money throughout your DUI process no matter what state (US) you are located in. Article Source: http://EzineArticles.com/?expert=Jennifer_Mann http://EzineArticles.com/?DUI-in-a-Nutshell&id=782223 What The Law Requires To Arrest For DWI By Mark Lassiter 1. Police officers must have a reason for stopping your vehicle Before a Police Officer can pull you over they must have a legitimate reason for stopping your vehicle. The most common reasons include speeding, failing to maintain a single lane, and ignoring traffic safety devices. If you obey the traffic laws and still get pulled over, there is a good chance you can get your case dismissed by a Motion to Suppress. The best way to ensure the Police do not stop your vehicle to conduct a DWI investigation is to closely follow all the traffic laws and devices in the area you are driving in. 2. If the Police stopped your vehicle for a legitimate reason, the Police must still have Òreasonable suspicionÓ to conduct a DWI investigation. ÒReasonable SuspicionÓ exists if the officer has specific articulable facts which, taken together with rational inferences from such facts, reasonably justify the officer to believe that a particular person has engaged or is engaging in a criminal activity. Terry v. Ohio, 392 U.S. 1, 21 (1968). In simple terms the Police are looking for certain signs that would indicate you are driving while intoxicated. Police officers are taught to look for the following symptoms of impairment. If only a few of these signs are present an officer will have Òreasonable suspicionÓ to conduct a DWI investigation. This list is based on research conducted by the National Highway Traffic and Safety Administration (NHTSA). * Flushed face * Red, watery, glassy or bloodshot eyes * Odor of alcohol on breath * Slurred Speech * Fumbling with wallet while trying to get license * Failure to comprehend officer's questions * Failure to comprehend officer's questions * Unsteady of feet while exiting vehicle * Swaying while standing * Leaning on car for support * Being combative, argumentative or jovial while talking with officer * Disheveled clothing * Lack of awareness in regards to time and place * Unable to follow police instructions 3. After the Police have conducted their investigation, they only need Òprobable causeÓ to arrest you for DWI. The definition of probable cause is Òa reasonable belief that a person has committed a crime.Ó The issue is this definition is not a bright line rule or test. It is a belief based on the officerÕs training and experience. Probable Cause is a higher burden of proof than the reasonable suspicion the police need to conduct their DWI investigation, but it does not determine guilt or innocence. In a DWI investigation a police officer bases his belief of probable cause on the evidence you provide by your looks and actions at the scene, the standardized field sobriety tests, and/or the breath or blood tests. The less evidence the police have, the harder it is to prove you were driving while intoxicated. If you refuse to do every test the police offer, you will in essence have given the police no evidence by which to establish probable cause. However, the police will use this refusal to substantiate their beliefs and this will allow them meet their burden of probable cause. It is important to remember that just because the police have probable cause to arrest you, this does not equal guilt.