DUI lawyer Archives - Foreign policy

Facing a DUI Charge? Why Hiring a Lawyer Makes Sense

Published on January 25, 2020February 26, 2021

For the most part, you’re the type of person who chooses to understand the traffic laws and abide by them. Even so, there are times when you’re tempted to do something that’s not in your best interests. Recently, that led to an allegation of driving under the influence. Rather than trying to deal with the charge on your own, it makes sense to seek out a lawyer who can provide counsel and work with you to deal with the cost. Here are some examples of how the lawyer can help.

Explaining the Current Laws Related to Driving Under the Influence

How much do you know about the laws that apply to your case? If you’re like most people, you have no more than a rudimentary understanding of those laws. Even research online will only provide so much additional information. The only way to truly delve into current laws about driving under the influence or impaired driving is to talk with a lawyer.

There are provisions of law that the lawyer will mention. The Charter of Rights and Freedoms, a part of the Constitution that includes information related to driving under the influence and impaired driving, is primarily what the lawyer will go over with you. This will be important as the lawyer begins to investigate the circumstances surrounding the arrest.

Your lawyer will point out specifics that apply in your case. That includes some ideas on what has occurred with similar cases in the past. One or more of those legal precedents may be especially helpful. In this way, you will begin to grasp what could happen if the court decides to convict you.

Going Over the Options for Your Defense

You can rest assured that DUI lawyers such as Mass Tsang, will tirelessly work to win your case or to ensure the lowest possible penalty. That means mounting a defense that’s designed to protect your rights from beginning to end.

Since there may be more than one possible way to pursue that defense, expect your lawyer to go over the potential associated with each strategy. You’ll get an idea of how each approach could turn out. That includes what might happen if you go with a particular procedure, and the court still finds that you’re guilty.

This is important since you need to understand the possible ramifications of each approach. The lawyer will point out the potential benefits, but also the worst-case scenarios associated with each one. This equips you with the information needed to determine which direction the defense should move. Therefore, it is really important that you hire a lawyer that has experience in handling DUI charges. If you are currently looking for one, you may check out tulsa-criminallawyers.com.

Exploring the Actions of Law Enforcement

Part of the preliminary work that the lawyer will perform is assessing the actions of law enforcement as it relates to your case. That includes what occurred from the time the officers first approached you to be released on bond at the police station. If there is any indication that one or more officers infringed on your rights or failed to follow the procedures required by law, that may be grounds to have the entire matter dismissed.

There are specific protocols that the police are required to follow. The moment that they approach you after believing they have reasonable cause to assume that you’ve been drinking or ingesting any substance in the last three hours, their actions must be in line with the Charter of Rights and Freedoms. If they fail to do any of the following, your legal counsel may have grounds to fight the case.

The authorities are required to state that they are approaching you for suspicion of a possible roadside offense, but they are not necessary to say what type of offense. In cases of this nature, they will first administer what’s known as a Standardized Field Sobriety Test. This is composed of simple tests like walking a straight line or standing on one leg. If you pass this test, they may also ask you to take a breathalyzer test. This can provide an accurate reading of that amount of booze in your blood. They may also take a blood sample.

What you need to remember is that while the officer may phrase these tests as if they are asking for your cooperation, current laws in the GTA don’t require them to obtain your permission. You are required by law to comply. If you refuse, the officer has the right to arrest you. The result is likely to be a fine and possibly a one-year suspension of your driving privileges. If there’s a prior offense on your record, you could face a year in jail for noncompliance.

Once the tests are done, the officer will inform you if you passed or failed. If your blood booze level is near the legal limit, you’re likely to receive a warning if you’ve been cooperative up to this point. Those who are over the legal limit will be placed under arrest.

The officer will state that you are being arrested for a specific offense and advise you of your Charter of Rights, including the right to say nothing at this point – your right to speak with a lawyer or to seek legal aid. The nature of secondary police precautions that will be taken as you are transported to the police station. After the office is finished, you now have the right to contact your legal counsel or arrange for legal representation.

Remember that your right to say nothing remains intact while you wait for your legal counsel to arrive at the station. If any attempts are made to obtain additional information about your actions before or during the arrest are made, you have to say that you do not discuss the events until you consult with your legal counsel.

Seeking the Best Possible Outcome

Throughout the process, your legal counsel will work within the limits of the law to secure the best possible outcome for your case. That could mean amending the defense strategy if some new evidence comes to light, such as a witness who saw what transpired and comes forward to provide an account. It could also mean seeking to provide the court with reasons to grant some degree of leniency based on the fact that this is the first offense.

Remember that the lawyer cannot guarantee the outcome. What the lawyer will pledge is to provide you with legal counsel designed to help you through this current issue. Make the most of that pledge and cooperate in every way you can. Doing so will make it easier to work toward an outcome that is in your best interests.

The Crime Of Driving Under the Influence (DUI), its Penalties, and a Few Tips to Help You if You’re Stuck

Published on December 2, 2019November 23, 2020

Cars

A DUI (short for “Driving under the Influence”) is always a compromising situation. Not only does one have to deal with the legal ramifications, but they must also deal with the social stigma that comes with it. Chances are that your mug shot will come to public light and you’ll not only be dealing with the cops and the court system, but you’ll also need to find, and pay for, an experienced DUI lawyer to get you out of the jam.

This comprehensive guide will speak to the punishments and penalties of DUI offenses in the state of Colorado and will give you a few tips to take with you if you’re unfortunate enough to be stuck in that situation. Remember, this is not a “how-to” guide and in no way does this guide endorse drinking and driving, which is not only dangerous for the person behind the wheel but even more so for bystanders and can cost someone their life.

Colorado DUI Offences and Penalties

While a misdemeanor crime in Colorado, the punishments and ramifications are still costly. If your ability to safely operate a vehicle is substantially impaired due to being under the influence of alcohol, you are considered as having committed a DUI. Your blood alcohol level must be 0.8% or higher for you to be booked under a DUI charge. Anything below that would count as DWAI (Driving While Ability Impaired) and is subject to different penalties and punishments.

Under the laws of Colorado, those committing a DUI offense for the first time are liable to prison time which can range from anywhere between 5 days and 1 year. In addition, you would also be liable to a fine of $600 to $1000 and 96 hours of community service. Furthermore, your license would also be suspended for 9 months. For second-time offenders, the jail time stays the same but the fine can go up to $1500 with a 1-year suspension of your license, and 120 hours of community service. Additionally, you also need to have an ignition interlock installed in your car, at your own expense, for two years after your license is reinstated.

The punishment for the third offense is the same as the second offense except for the license suspension which goes to 2 years for third-time DUI offenders. Your fourth offense is where DUI stops being a misdemeanor and the ramifications are life-altering. If you’re convicted for a fourth DUI offense, then you could be liable for a fine of up to $500,000, 6 years in a Colorado state penitentiary, and 3-year mandatory parole.

All of the above is subject to your blood alcohol level being above 0.8% and below 0.15%. If you go higher than this range, even on your first DUI offense, you’ll be treated as a repeat offender and be subject to very strict punishments and penalties.

Refusing to take the test can cause more problems

By applying for, and successfully getting your Colorado driving license, you’re automatically consenting to a blood alcohol level test by the authorities. As such, you can’t refuse to take the test unless you want your license suspended for 1 year. What’s worse is that you don’t simply get your license back upon the expiry of the suspension period. You need to install an ignition interlock device in your car, at your own expense, if you want to get your license back and if you want to keep your license further, then you need to have the device installed for two years.

The above is only what happens when you refuse to take the test. If the police have reasonable cause, they can still charge you for DUI and submit your refusal to take the test as evidence. If you actually have had a drink and been driving, then chances are your refusal would be enough to cause a few problems for you in front of a court of law.

Hire a Lawyer

While the prospect of representing yourself may seem dramatic and Hollywood-esque, it’s seldom a smart idea and will likely cause more problems than there are, to begin with. As you can see from the above, DUIs are no laughing matter and you need an experienced Denver DUI lawyer to be able to deal with everything. In addition to the police, there’s also the district attorney to deal and negotiate with and the court itself which has numerous procedural formalities.

Therefore, it would be much better if you were to just hire a lawyer to deal with everything. If you live in Denver and are unfortunate enough to find yourself in a DUI situation, then you could contact a service like M. Trent Trani & Associates, P.C. at tranicriminaldefense.com/dui

It is important to find a reliable attorney or firm that could help you and represent you in the best way possible.

Don’t confess to everything just because of the blood alcohol concentration test

Just because your blood alcohol concentration tests came back to your detriment does not mean that all is lost. The BAC test is one of the foundation stones of the case but a lot more is needed for a conviction. There are ways to challenge these tests based on procedural mistakes and negligence in the handling of evidence. An experienced DUI lawyer would even go to the extent of calling into question the machines that were used in the testing and the credibility of the lab.

Have your blood tested at an independent lab

According to the law, two vials of blood are to be collected from the person being accused of a DUI. One of these vials will be used by the DA to carry out testing and to prove their case. The other vial is kept for the accused to have their blood tested independently from a lab of their choosing. It is vital that you exercise this option as even the smallest difference in test results can be enough for an experienced lawyer to have the charges reduced or have the entire case thrown out altogether.

Driving under the influence comes with many consequences, and unfortunately, it isn’t uncommon to see it during the holiday season. With more people consuming alcohol and more people on the roads, it can be a recipe for disaster, according to Stokes Stemle, LLC. In the event of accident, it’s so important to seek help from an experienced attorney as soon as possible.