Category Archives: DUI Attorneys

DUI Defence for Prescription Medication

 

prescription-drugs-dwi-defence

DUI/DWI (driving under the influence/driving while impaired) can also be used to refer to driving under the influence of either illegal or prescription drugs. In fact, it can be used to refer to a driver who is impaired in any way (under the influence) by prescription or illegal drugs.

The individual who drives a car after using psychoactive drugs is an issue of continuing concern to authorities. It is a problem of ongoing concern to forensics toxicologists, law enforcement officers, traffic safety professionals, attorneys and physicians. Some of the problems that these professionals are concerned about are the ways to identify the drug impaired driver on the road, the documentation and evaluation of the impairment displayed by the driver, the accessibility of appropriate chemical tests, and the interpretation of the subsequent results.

Someone may ask, “are prescription drugs as potentially perilous as drunk driving? Do drugs or medications really affect a driver?”

The main concern in respect to intoxicated driving is the impact that drugs or medications will have on you as a driver. Driving under the influence of any medications that acts on your brain can reduce your motor skills, judgment and reaction time. Driving under the influence of medications is a public concern because it puts not only you, the driver in danger, but also your passengers and other individuals who share the road.

The prescription medications and drugs that act on your brain can change your balance, coordination, reaction time, attention, perception, cognition and other faculties that are required for safe driving. The effects of specific medications vary depending on the amount consumed, the history of the user, their mechanism of action and other factors.

You may not have realized that a drunk under the influence can be issued and a DUI arrest made for prescription drugs. Most individuals think that a DUI can only be issued when the police officer believes that you have taken illegal drugs or consumed alcohol in excess of the legal limits. Any substance, including prescription medication, which can make you incapable of safely driving a car, can be the reason for you facing a DUI arrest as well as DUI charges.

Unfortunately, it is at times very hard to tell how prescription drugs or medications affect your mental abilities until after you have already gotten behind the wheel. For instance, you may have lately had surgery and are still taking some painkillers, but wrongly think that you are ready to drive. Whatever the case, it can be very stressful to face a DUI arrest when you were unaware that you were doing anything wrong to begin with.

Facing DUI charges is a serious matter. Even if it’s your first DUI arrest, you may face a time in jail as well as a long driver’s license suspension. Other DUI consequences and penalties that you may face for the first time include community service and compulsory attendance at DUI School (drug and alcohol classes).

There are some ways to defend your DUI for prescription medication, but you will have to be proactive in establishing your claims and collecting evidence.

The first way to defend yourself against a DUI for prescription drugs or medication is to say that you were not affected in any way by the prescription drugs or medications as the police officer says you were. For instance, a police officer may have seen a pill bottle in your car cup holder. This may have led him/her to jump to conclusion that you were not able to drive safely at all. What’s more, roadside sobriety tests are usually inaccurate, particularly those that do not need breathalyzer or blood samples.

Proclaiming your innocence is the second way to defend yourself against a DUI for prescription drugs or medications. In order to use this defense you will have to be able to prove that the prescribed medications did not affect you in any way at all. You will be required to bring a copy of the side-effects of your prescribed medicines to court to prove to the Judge that they do not include possible mental impairment. You will also be required to mention the time at which you took your medication. You couldn’t have been driving under the influence if the effects should have already worn off.

A DUI defense for prescription drugs or medications is not a matter that you can handle by yourself. You need the help of an experienced DUI attorney who knows DUI laws and can give you the best possible DUI for prescription medication defense.

Dealing With DMV in DUI Cases

In most states, the Department of Motor Vehicles (DMV) will immediately suspends the person’s driver license after a Drunk under the Influence (DUI) arrest. A DMV DUI proceeding must take place within a short time frame, usually ten (10) days from the arrest. This is the civil part of the case and the accused has the right to bring his or her DUI attorney to the hearing.

 

Issues Addressed by the DMV

The DUI DMV hearing is a civil hearing that allows the driver to present relevant testimony and evidence surrounding his or her arrest. This is not a criminal process and therefore the DMV is not concerned with determining whether you are innocent or guilty. The questions to be addressed in this procedure include:

· Was the driver legally placed under arrest?

· Did the police officer have a good reason to believe that the driver was driving under the influence of alcohol or drugs?

· Did the driver truly refuse to take the chemical test or just failed to complete the test?

· Was the driver informed that refusing to take the chemical test would result in a suspension of his or her driving rights for a given period of time?

Law enforcement officers will ask you to blow into a breathalyzer machine in order to obtain a BAC level. There are certain times that people fail to blow the breathalyzer machine hard enough to get a reading. The officer in charge may write this down as a refusal of the test when in fact you failed to complete it.

 

Preponderance of Evidence

In all the DMV proceedings, drivers must have the privilege to present witnesses, evidence and testimony on their behalf. Drivers are additionally allowed to be represented by a lawyer although this is not a must. Witnesses who may be unwilling to testify can be compelled to appear. The task of proof rests upon the Department of Motor Vehicles, which is obligated to prove beyond reasonable doubt the following:

· The driver was legally arrested

· The officer had reasonable reason to stop and arrest the driver

· A test confirmed that the driver had a BAC of 0.8 or higher at the time

· The driver was knowledgeable about the consequences for chemical test refusal

The DMV proceeding officer will suspend your driver’s license if it is proven that the above is true. Additionally, the officer can choose to dismiss or set aside the case, in which case you will be allowed to keep your license.

 

Understanding a DMV Hearing and a DUI Court Trial

There are many vital differences that you need to know about a DMV hearing and a DUI court trial:

A DMV proceeding is usually optional. If your driver’s license is immediately suspended when you get a DUI arrest, then it is important that you have a DMV proceeding to try to get your license back. When you receive the automatic driver’s license suspension, you will additionally be told how to request for a DMV hearing to try to get it back. If you request for the hearing, you will have to go and make a statement to an administrative representative from the Department of Motor Vehicles about why you need your license back, even if it’s a restricted license. The Department of Motor Vehicles can either decide to withhold your license, usually for a period of one year or give it back to you (usually on a restricted condition).

A Drunk under the Influence (DUI) court trial is not optional. When you’re arrested, you will be charged and a court date will be set for your hearing. At this court trial, the prosecuting attorney will present their evidence against you to the judge. You will be given the chance to make statements and to either show that there were issues that contributed to you being guilty or to prove your innocence. The jury or judge will take into considerations all the information that you provide and sentencing on the DUI charge will then occur. At this proceeding, you’ll find out whether or not you are going to jail or about any other criminal penalty, such as compulsory counseling or fines.

 

When to Get Legal Assistance

Since the standard of proof in A DMV proceeding is less strict than in a criminal charge, it’s more probable that the officer in charge will rule against you. When you hire a reputable DUI attorney, he/she may be able to keep incriminating evidence from being presented. It is therefore important to talk to an attorney when you have been arrested and charged with a DUI offense.

What to Do if a Police Officer Arrests You for Suspected DUI

alcohol test pic 1If you have been arrested for DUI, particularly if it is your first time, it can be a very frightening and puzzling time. What steps should you take first? Will you automatically lose your driver’s license? How can you make sure that you have the defense that you need? Whether you had only one drink or not, the results of a DUI charge can be the same and you should fight DUI if possible. Conversely, taking the right steps immediately after your arrest is important to your case and the outcome of your trial. Here are some tips on what to do should you be pulled over and arrested for suspected DUI:-

 

Find a safe place to pull-over

Keep in mind that, as soon as the police officer decides to pull you over for DUI, he/she starts making observations that he/she will include in the police report. This report can play a big role on the outcome of both your DMV hearing and your criminal trial. Making a mental note is one of the first things that a police officer does. If you drive unsteadily, slow down too fast, or pull-over in location that is not secure, the police officer notes it in the report.

 

Do not make any abrupt movements

The police are trained to be vigilant, and to protect themselves first. They always approach the car from behind in order to have a clear view, and therefore the driver would have to turn completely around in order to attack them or shoot them. Therefore, do not make any abrupt movements and keep your hands on the wheel.

 

Do not answer any potentially incriminating questions, and do not lie

The stress of getting pulled over is something officers count on. In this type of situation, people are much more likely to convict themselves. It’s not mandatory that you should give the police officer your name, driving license and registration. However, if he/she asks you if you have been drinking and you are concerned that you might convict yourself, simply say,” I am sorry officer, but I have been advised not to answer any questions.” Lying, however, is never an option. If you choose to answer a question, answer it truthfully.

 

Refuse a field soberness test

You’re under no legal obligation to perform a field soberness test. Sobriety test is one of the most effective tools at the police officer’s disposal for evidence collection against you. That is not because they are dependable indicators of drunkenness. To the contrary, the value of field sobriety tests is not that are completely subjective. It is entirely up to the police officer to determine whether you “pass.”

 

Refuse a hand held breathalyzer

Roadside breathalyzers also known as preliminary alcohol screening test are notoriously undependable, and there are several ways to twist the results. Take a chemical test once you arrived at the police station You are required by law to take a chemical test immediately you arrive at the police station. In most states, you can choose between a breath test or a blood test. Many DUI attorneys recommend that you take the breath test since they are less dependable, therefore their legitimacy can be more effectively argued in court.

Once you have been released, it’s advisable that you write down everything that you can remember about the night The more notes you write about your arrest, the easier it will be for your lawyer to argue the charges against you. Remember to include the following things in your notes:

· How much you had to drink

· What you were doing and where you were going before you got arrested

· How long after you were arrested

· What you said to the police officer

· How the police officer behaved, any instructions he/she gave you

· How long it had been since your drank and when you took the chemical test

· When and if you were read your Miranda rights

· Where you were pulled over

Note down everything that you can remember, even if it doesn’t appear to you as relevant.

 

Contact a lawyer

dui-attorneys-pic-8You both need and deserve a reliable DUI lawyer who will fight for your rights in a court of law. The most important thing that you can do for yourself is to look for an experienced lawyer who knows everything about DUI law. He/she is going to represent you in court and fight for your rights.

Why You Should Inform Your DUI Attorney If You Are an Alcoholic

best-san-antonio-dui-attorneys-image5If you have been placed under arrest for driving under influence, you are strongly advised to seek the legal services from a DUI attorney in order to get best results from your case. If you do not possess the necessary legal knowledge, it may be hard for you to present yourself in the court or deal with the law enforcement agencies after the arrest.

A dedicated DUI lawyer will have specialist knowledge in this area and will be able to assist you prepare a strong defense in order to have your charges terminated or reduced as much as possible.

When you are going through the process of selecting of a lawyer to represent you in your case, you need to get somebody with whom you are very comfortable sharing any relevant, personal and important information. The lawyer in return must assure you of the strictest confidentiality and ensure that none of this information is shared with third party. It is in your own best interest not hide any of this information, so that it will be possible for your lawyer to provide the highest possible quality legal services.

If you have been diagnosed with alcoholism or suspect that you may be an alcoholic, you should inform your DUI lawyer at the earliest opportunity. Here are some of the benefits involved in doing so:

First, it is good to note that being an alcoholic is not a crime. This is taken as a health problem and that any person suffering from it should seek treatment. If you are an alcoholic and you have been arrested for driving the under influence or have caused some injuries or dangers as a result, your lawyer must understand this. With this knowledge, it will be possible for the lawyer to inform the court about your health situation.

It is good to note that the court always considers the psychological status of the accused when giving its verdict. As a result, you stand a fair chance of being freed and a court recommendation that you be taken to rehabilitation or provided with any other treatment that will help you deal with the alcoholic problem.

By informing your DUI lawyer that you are an alcoholic, this will act as a strong basis to develop your defense in the court. It will be possible for your lawyer to build your case based on these premises. He or she will argue that it was not your intent to cause any injury or damage or to drive under the influence of alcohol.

A good lawyer has the ability to argue that you can no longer control your drinking behavior, and thus instead of being charged for the case, society needs to help you deal with your current problem instead of punishing you.

Your DUI attorney should be also be conversant with your personal history, as this will go a long way towards building a successful case. If your attorney is aware of your alcohol-related problems, he or she will not only help win your case, but can also advise you on the different programs for treatment or rehabilitation that will help you overcome your problems.

This will not only help you avoid confrontations with the law enforcers in the future, but also help you improve your overall health.

How Much Does a San Antonio DWI Lawyer Cost?

Attorneys TexasWhen you are arrested for suspected driving under the influence in San Antonio, the best option you have is to hire a DUI attorney to represent you in your case. An attorney with many years of experience and knowledge in DUI cases will be in a position to help you have the charges dropped or have your fine or sentence reduced.

You should be aware that the service of a DUI lawyer comes with a certain price which you have to incur. It is therefore very important to ensure that you carry out a thorough search in order to find an attorney that meets your desired budget. However, even as you search for the most affordable DUI attorney for your case, you need to avoid some of the cheaper options because they may lack the preliquisite experience and qualifications to provide high enough quality legal services.

So how much does a DUI lawyer in San Antonio cost? This article will help you understand that question so that you can hire a highly qualified and reputable attorney.

Just like in any other business, all DUI lawyers do not charge the same fees for their services. There are those that charge a higher fee and others who charge more affordable fees. The difference in price is determined by several factors and you will need to take these into consideration in order to determine how much you may be required to pay. Here are the factors that will help estimate the cost of a suitable DUI lawyer.

 

Location

When you are hiring a lawyer, it is always advisable to hire somebody in San Antonio instead of those located further away. A local DUI lawyer will usually charge you a lower fee compared to one from another area.

 

Complexity of the Case

This is another factor that will determine how much your attorney will charge you. The more complicated your case, the more fees you may be required to pay and vice versa. For instance, if you were just arrested driving under the influence and nothing else had happened as a result of this influence, then your case may be simple to handle. In such a case, it will be easier for the attorney to deal with proceedings, thus you will be charged less as a result. However, if you had caused an accident as a result of driving under influence or caused other problems, expect a higher fee from your attorney because of the extra complexity involved in dealing with the case.

 

Level of Experience of the Lawyer

If you hire a DUI lawyer with vast experience you will have to pay a higher fee because such a lawyer will definitely provide you with higher quality legal representation in your case. On the other hand, if you decide to work with a new attorney in the market, he or she may not be as expensive because they may be still be trying to get clients. However, it is usually better to pay a higher fee for an experienced DUI lawyer than cheap ones who may not have sufficient experience to represent you effectively.

 

Mode of Payment

The overall cost of your DUI lawyer will also be determined by the mode of payment i.e. if your attorney charges you a flat fee or hourly rate. In most cases, attorneys who charge on hourly rates end up being more expensive than those who charge a flat fee. This is because you will have to pay for phone calls, emails and any other contact you may have with the lawyer. However, regardless of the type of payment, you can expect to pay from anything from $3,000 all the way up to to $12,000 or even more in some cases. Note also, that this cost may depend on the state that you reside in.

 

Duration of Your Case

When you are entering into an agreement with a DUI lawyer, you may have to have a specific time when you will be working together. The duration of your case will determine how much the attorney will charge you. The longer your case takes the more you will be required to pay. This is why it is good to get full quotes from different DUI lawyers, so that you can compare the cost and select the one with the best deal.

By considering the above factors you will be able to get an idea how much your DUI attorney will cost.

Do I Really Need A DUI/DWI Attorney?

man at deskIn case you have been arrested for driving under the influence of alcohol or drugs, it is essential to hire a DUI lawyer in San Antonio. In this post, we will tell you everything you need to know about DUI conviction, and how to find an experienced attorney. The information provided in this post will help you understand whether you need a DUI attorney or not.

According to DUI laws in most states, if you’re convicted of drunken driving, your driver’s license may be suspended for four months for first offense. A second offense may cause a ten month suspension. Moreover, you may be imprisoned or asked to pay a hefty fine. You may even have to attend DUI counseling. Therefore, it becomes very important to hire an experienced DUI attorney for legal representation.

There are some things you should consider in a DUI attorney. These are as follows :

  • Experience with similar cases
  • Sound advice to handle charges on you
  • An affordable fee
  • Trustworthy and Cooperative nature

 

Do You Really Need a DWI Attorney in San Antonio?

In case you’re planning to plead guilt for the offence, you should definitely hire an experienced and professional DWI attorney. Some people choose to represent themselves. However, it’s important to understand that the legal system is complicated. There’s no way you can successfully represent yourself in court without making some errors. Even a small mistake can be the difference between a heavy fine or/and imprisonment, and winning the case.

If the offense is more serious, you can’t overlook the importance of a DUI attorney. There are some cases where you may risk losing your driving license. You may even have to pay a hefty fine or face imprisonment. In case you’re convicted, you may end up losing your job. Thus, you should never take DUI cases casually, and hire an experienced DUI attorney.

 

How Should You Prepare for the First Meeting?

Getting recommendations from your friends and family members is just the starting step. Before hiring an attorney, it’s important to set up a meeting. Fortunately, most DUI attorneys are willing to speak with you before they take your case. These meetings are known as initial consultations. An initial consultation allows you to accomplish several goals like :

  • You should ask the lawyer if he has handled similar cases before.
  • You should ask him about his success rate.
  • You should ask about the various strategies the lawyer feels like using in your case.
  • You should ask about the fee structure.

 

Before going for the meeting, you should prepare a list of questions and bring them with you. You should ask everything and make sure that all your doubts and queries are cleared. During an initial consultation, it’s also important to bring some important documents. Usually, these include :

  • A copy of the police report of your case
  • All documents that list the next court date along with your charges
  • Bail papers
  • All other documents related to the case

 

What Should You Expect from an Initial Consultation?

A DUI lawyer should always lead an initial consultation. However, you should make sure that the attorney is also listening to you. He should be interested in your side of the story. It’s important for you to be completely frank and honest. DUI attorneys are bound by strict laws and rules. As a result, they can not disclose any information they get to know during an initial consultation. Your conversation will remain confidential even if you hire someone else.

It’s also important to ask about the fees for a DUI conviction case. You should have information about an estimated bill before you hire a lawyer to handle your case. You should also try to negotiate the fee. However, it’s important to discuss the fee before hiring the lawyer. You will be unable to negotiate the fees once you have hired someone.

Most importantly, it’s important to make sure that you’re confident about hiring the lawyer. You should notice if the lawyer is patient with your questions and able to clear all your doubts and queries. You should also notice if the lawyer is trustworthy and honest with you.

 

Choosing the Right DUI Lawyer

A DUI offense tends to move quickly through the criminal justice system. Therefore, you need to hire a professional lawyer quickly. You may also contact past clients of the lawyer you are hiring. They will give you a better idea about his approach toward such cases. It’s important to remember that the criminal justice system is strict about DUI cases. Therefore, it’s important to hire a good DUI lawyer as soon as possible.