Boston’s DUI Laws

Thursday, May 7th, 2009

In Boston, defending against DUI (Driving Under the Influence) is very tricky. You must hire Boston lawyers who understand medical and scientific concepts. Also, they must be experienced in questioning tough witnesses, including police officers and scientists.

The DUI punishment in Boston set by the state statute is also incredibly complex. Basically, there is a range of possible sentences but it has modifications for things like:

• *Refusal to cooperate in chemical testing
• *With a BAC (Blood Alcohol Content) over .20%
• *Having a child (less than 14 years old) in the car
• *Speeding over the limit (more than 20mph of the speeding limit)
• *With prior conviction within the last seven years

In addition, the actual sentence in a DUI case may be affected by the following:

• *Policies of prosecutors and local court
• *Weaknesses in the case exposed by defense lawyers
• *Facts of the case
• *Reputation of the lawyers

All of these are independent of DMV (Department of Motor Vehicle) suspension, which can be complicated and determined separately.

Unfortunately, general practice lawyers with little or no experience in DUI attempt to represent clients in this field. Always remember that only an experienced DUI lawyer who specializes in drunk driving cases and blood alcohol analysis could effectively handle these administrative and criminal proceedings.

Tags: BAC, Boston, Boston lawyers, DMV, dui, DUI lawyer, general practice lawyers
Posted in dui, dui boston, dui laws | No Comments »

Driving is only a Privilege

Friday, May 1st, 2009

In the United States, there’s a common misconception that anyone has the right to drive. But this is not true. If you would look at the constitution, there is a right to life, liberty, as well as the pursuit of happiness. There is nothing there that says any person has the right to drive.

Therefore, driving motor vehicles can only be considered a privilege. And that privilege can be modified or taken away based on certain conduct or several issues such as DUI cases. If you understand this, you will also understand why many constitutional and procedural safeguards don’t apply when you drive a motor vehicle after a DUI arrest.

Also, driving can be removed with due process. Usually, this process involves an administrative hearing in the court of a DMV (Department of Motor Vehicle) law judge. When you’re facing these issues, make sure that you seek attorney consultation right away. Take note that there are 50 states, and each one has their own licensing department.

Some states even have a department for driver improvement. It’s typically their job to investigate drivers who seem to have higher risk than others. They also make sure that the minimum safety standards are followed. Aside from DUI cases, they may also investigate drivers with histories of instability or mental illness, drivers on anti-seizure drugs or other medications, and elderly drivers as well.

Tags: attorney consultation, DMV, driving, dui, privilge, right
Posted in dui, dui laws | No Comments »

Avoid these Common Mistakes in DUI Arrest

Monday, April 27th, 2009

A DUI (Driving Under Influence) arrest can leave you hanging by a thread. After a stressful police encounter and jail nightmare, it’s predictable that everyone in your life right now are giving you different opinions on what to do next. And if you want to end it all, you need to avoid these common mistakes:

• Failure to consult a DUI lawyer

Most people arrested for DUI get advice from family and friends, police, other people arrested for DUI, and lawyers who don’t specialize in DUI defense. Don’t make this mistake!

Since DMV (Department of Motor Vehicles) administrative laws and DUI laws are very complicated, it’s very important to consult with a lawyer who specializes in DUI defense. Only DUI lawyers can help you with accurate advice on the next step that you should take.

• Failure to request an administrative hearing from DMV

It is wrong to assume that it’s hopeless to fight for your case. There are many reasons why you should apply for DMV hearing including the following:

• 1. *Your defense lawyer could question the police officer who arrested you – this may help lift the  criminal case
  2. *It’s possible to win the case – DUI lawyers know how to challenge DUI license suspension or revocation with many reasons
  3. *You don’t want to give up your license - take note, you only have 10 days (from your arrest date) to apply for this hearing. Failure to do so will automatically suspend your driver’s license.

Tags: DMV, dui, dui laws, DUI lawyer, dui lawyers
Posted in dui, dui laws, dui lawyers | No Comments »

New York DUI Arrest is Unique

Friday, April 24th, 2009

If you’re arrested for DUI in New York, it can trigger two separate cases. First is DWI (Driving While Intoxicated), which is a criminal case in court. The second is DMV (Department of Motor Vehicles) case, where your driving privileges may be suspended by New York DMV if you’re accused.

Moreover, DWI cases in New York can fall under two theories. Your violation can either be just breaking the law “per se” based on alcohol level, but without driving impairment. The other one is breaking the traditional common law where you lack the necessary mental and physical skills to operate a vehicle as a prudent and reasonable driver.

Bear in mind that if there’s a traffic accident, you refuse to take the chemical test, you attempt to evade the police, or your BAC level is more than .15, then your DWI (also known as DUI) case might have harsher penalties or punishment.

Drinking and driving laws in New York are unique. One of them is giving motorists the right to consult with their lawyers before deciding to take the chemical test. Lawyers in New York are already aware that late-night calls are a part of their job description. Therefore, when in New York, make sure you consult first with a qualified lawyer upon DUI arrest.

Tags: DMV, drinking and driving, dui, dwi, lawyers, New York
Posted in dui lawyers, dui new york | No Comments »

Answer your Questions in California DUI arrest

Friday, April 24th, 2009

According to Department of Motor Vehicles (DMV) in California, residents need to be aware of the general procedures performed during a DUI arrest. So here are some common questions from California drivers:

• -What will happen after a DUI arrest?

The law requires the officer to immediately forward to DMV a copy of suspension form (or revocation form) and the driver’s license together with a sworn report. DMV will automatically examine the test results, suspension or revocation order, and the report submitted by the officer.

You may request a hearing from DMV within 10 days upon receipt of the order. This action will be set aside if their review showed that there’s no basis for suspension or revocation. DMV will notify you in writing.

• -Is urine test still being done?

You will be required to submit to chemical test in order to determine the drug or alcohol content in your blood. A breath or blood test will be requested from you. However, a urine test is no longer available since January 1999 unless: you have a heart condition and taking an anticoagulant medication, you are hemophiliac, or both breath and blood tests are not available.

• -If ever the officer confiscated the driver’s license, how will it be redeemed?

At the end of your suspension or revocation, your driver’s license will be automatically returned to you. However, DMV will ask for a $125 reissue fee and proof of financial responsibility. If you’re under 21 years old, your reissue fee will only be $100.

Tags: California, DMV, dui, reissue fee, urine test
Posted in california dui, dui, dui california | No Comments »