Category Archives: DUI Lawyer

An arrest or conviction for driving under the influence (DUI) can have a negative impact on one’s ability to secure a job, obtain a student loan, rent an apartment, or apply for credit, even if it seems unrelated or occurred years ago. State-by-state laws regarding record expungement vary. Some states do not permit expungement of convictions, only arrests that did not result in a conviction. Other states permit expungements, but under specific conditions. Let’s review some fundamental expungement facts and terminology to get you started.

What is Expungement?

In the eyes of the law, expungement, also known as “expunction,” “sealing a conviction,” or “setting aside a criminal conviction,” effectively conceals a DUI / DWI arrest or conviction. An expunged DUI offense may still be used as evidence of a prior conviction; however, expunged offenses are typically not visible to prospective employers, educational institutions, credit issuers, and other entities conducting background checks.

In certain legal proceedings, such as sentencing for crimes committed after expungement or immigration/deportation proceedings, an expunged conviction that is “under seal” may be considered as evidence of a prior conviction.

Is it possible to expunge any type of DUI conviction?

The ability to expunge an arrest or conviction for drunk driving varies by state and is typically limited to first offenses. Some states only permit expungement of arrests that do not result in convictions or guilty pleas, whereas others permit expungement of the majority of first convictions that do not appear to be part of a criminal pattern. It is always up to the court to determine whether an expungement will be granted.

Juvenile Expungements

Depending on the state and/or county, juvenile DUI arrests and convictions may be subject to special eligibility requirements for expungement.

Expungement Examples

After successfully completing probation for a misdemeanor DUI conviction in California, for instance, you may file a petition for expungement (if applicable). In California, it is sometimes possible to expunge felony DUI convictions, but this often requires additional court procedures, such as reducing the conviction to a misdemeanor.

In contrast, Florida law only permits the expungement of DUI arrests in cases where the charges were dropped, dismissed by the court, never filed, or the defendant was found not guilty. In contrast to many other states, Florida’s Department of Law Enforcement may disclose the existence (but not the contents) of expunged records pertaining to applicants for employment or membership certifications.

You didn’t feel drunk. In fact, your blood-alcohol level was below the legal limit for a standard DUI. The issue is that you were below the legal drinking age. Underage drunk drivers are subject to a different set of legal restrictions. This is a brief introduction to the laws governing underage DUI.

Definition of Zero Tolerance

In all 50 states and the District of Columbia, it is illegal for anyone under the age of 21 to purchase or possess alcohol. And while driving under the influence of alcohol (normally 0.08 percent blood-alcohol concentration or higher) is illegal for all drivers, all states have so-called “zero-tolerance” laws for underage DUI offenses.

Zero-tolerance laws make it a criminal DUI offense for drivers under 21 to have any amount of alcohol in their system, ranging from 0.00 to 0.02 percent BAC, depending on the state. In light of these laws, even an innocent glass of wine with dinner could result in a DUI charge for a young driver. However, the purpose of these laws is to combat the very real risks associated with underage drinking.

Why Do We Have Zero Tolerance Policies?

According to the National Highway Traffic Safety Administration, nearly one-third of all deaths among 15- to 20-year-olds are caused by motor vehicle accidents, and approximately one-third of these fatalities are alcohol-related. According to the NHTSA, the alcohol involvement rate for young drivers is roughly double that of drivers over 21, and even low levels of underage drinking increase the risk of fatal crashes.

In order to qualify for Federal-Aid Highway Funds, the National Highway Systems Designation Act of 1995 mandated that states consider a BAC of 0.02 percent or less for drivers under 21 to be driving under the influence. To conform, as all states eventually did, they had to designate a BAC of 0.02 percent as a “per se offense.” This means that police are not required to prove intoxication if the driver is above the legal limit.

An NHTSA study comparing the first 12 states to implement zero tolerance laws to 12 other states found that those with the law experienced a 20 percent decrease in fatal nighttime single-car crashes involving drivers under 21. These are the situations where alcohol is most likely to be present. Furthermore, states with underage BAC limits of 0.02 percent or less saw the largest declines in fatal crashes, whereas states with higher BAC limits saw a lesser impact.

In addition to the obvious risks to health and safety posed by underage drinking and driving, DUI offenses can have far-reaching consequences for the future of a young driver. An early conviction for drunk driving can affect both employment background checks and auto insurance coverage.

Not every city has an excellent public transportation system for returning residents to their homes following a night out. However, self-driving home after a night of drinking because your designated driver abandoned you will not win you points with a judge. If you see those unmistakable red and blue lights in your rear view mirror after drinking, you’re probably curious about the types of tests officers use to determine if you’re driving while impaired. The following section will discuss field sobriety tests.

The Fundamentals of Field Sobriety Tests

Field sobriety tests, also known as roadside sobriety tests, are used to enforce DUI laws and are typically used in conjunction with Breathalyzer tests. Typically, a police officer will administer a three-part field sobriety test following a traffic stop in which the officer suspects the motorist may be intoxicated or otherwise impaired. These tests enable an officer to observe a suspect’s balance, physical ability, and level of attention, among other factors, in order to determine whether the suspect is driving while intoxicated.

Officers record the suspect’s performance on a field sobriety test; such tests have generally been upheld on appeal in DUI cases. All field sobriety tests are designed to determine whether a police officer has probable cause to arrest someone for driving while intoxicated.

Field Sobriety Tests That Are Standardized

The National Highway Traffic and Safety Administration’s (NHTSA) Standardized Field Sobriety Test (SFST) consists of the horizontal gaze nystagmus (HGN), walk-and-turn (WAT), and one-leg stand (OLS):

Horizontal Gaze Nystagmus: This term refers to the natural jerking of the eye that occurs when the eye is directed to the side. However, when someone is intoxicated, this jerking (or nystagmus) is exaggerated. Officers look for three indicators of impairment in each eye: an inability to smoothly follow a moving object; distinct eye jerking when the eye is at its maximum deviation; and eye jerking within 45 degrees of center.

The purpose of this test, which is easily performed by the majority of unimpaired individuals, is to assess the suspect’s ability to complete tasks with divided attention. This is administered by instructing the suspect to take nine steps, heel to toe, in a straight line; turn on one foot; and then repeat in the opposite direction.

Suspects are instructed to stand with one foot approximately six inches off the ground and count for thirty seconds. Swaying while balancing, balancing with one’s arms, hopping, or putting one’s foot down all indicate potential impairment.

According to a 1998 study cited by the NHTSA, the three components of the SFST accurately indicate alcohol impairment in 91 percent of all cases and 94 percent of cases when explanations for some of the false positives are accepted. Suspects who fail the field sobriety test are typically subjected to a breathalyzer test to determine their blood alcohol concentration prior to arrest.

Field Sobriety Tests That Are Not Standardized

Other non-standardized field sobriety tests may include the following: standing with feet together and tipping the head backwards; counting the number of fingers raised by an officer; reciting the alphabet; counting backwards; standing and leaning back to look up at the sky with arms to the side; or closing the eyes and touching the nose with a finger.

Speak with a Lawyer to Gain a Better Understanding of Field Sobriety Tests

The field sobriety test is one of several techniques that police officers use to establish probable cause for a DUI arrest. However, if the investigation was not conducted properly, there is a possibility that the charges could be dropped in certain circumstances. It is critical to obtain critical feedback from a legal professional for this and other reasons. Speak with an experienced DUI attorney near you today to learn more.

DUI checkpoints (also known as sobriety checkpoints or roadside safety checks) are set up by police in most states on occasion to look for drunk or otherwise impaired drivers. These checkpoints are typically set up along busy highways during holidays known for alcohol abuse, such as the 4th of July and Memorial Day. Roadblocks along intersections are commonly used as checkpoints, with officers stopping random vehicles at regular intervals (such as every tenth driver) to check for signs of intoxication.

While DUI or sobriety checkpoints are controversial and illegal in some states, they are legal under federal law.

DUI Checkpoints: A Legal Justification

Even in states where statutes require an officer to have reasonable suspicion of intoxication before initiating a traffic stop, sobriety checkpoints have survived most legal challenges. Erratic driving, drifting between lanes, or other suspicious behavior can raise reasonable suspicion that a motorist is inebriated and thus subject to a stop.

In 1990, the United States Supreme Court ruled that states had a compelling interest in combating drunk driving, and that public safety concerns outweighed any concerns about “invasion” of drivers’ privacy. The challengers in the case claimed that these checkpoints violated the 4th Amendment, but the Court found them to be reasonable in the circumstances. According to a US Centers for Disease Control report combining the findings of 23 scientific studies, checkpoints reduce alcohol-related crashes by about 20%.

State Laws and Sobriety Checkpoints

While federal law permits checkpoints to be used for the purpose of maintaining safer roads, states are free to use them or not. In 12 states, DUI checkpoints are not conducted because they are either illegal under state law or the state constitution, or the state lacks the authority to do so:

• There is no state authority in Alaska.
• Idaho – State law makes it illegal.
• Iowa – The law allowing roadblocks does not allow for sobriety checkpoints.
• Michigan’s constitution makes it illegal.
• Minnesota’s constitution makes it illegal.
• Montana only allows “safety spotchecks” under state law.
• Oregon’s constitution makes it illegal.
• Rhode Island’s Supreme Court has ruled that it is illegal.
• Texas – According to the state’s interpretation of the US Constitution, it’s illegal.
• Washington’s Supreme Court has ruled that it is illegal.
• Wisconsin – State law makes it illegal.
• Wyoming – According to the interpretation of the roadblock statute, it is illegal.

Statistics from MADD show more than 1.1 million vehicle drivers were apprehended by law enforcement for driving when under the influence of narcotics or drugs in 2014. More than seventy-five percent of the people arrested were male as opposed to female. Wondering how to find a good DUI lawyer? Keep reading to find out.

Driving when intoxicated poses a great risk not only to yourself but also to others. When you have been caught by law enforcement, you will need a lawyer. While it’s true you could utilize the services of a court appointed lawyer – it is highly likely you will be much better off by deciding to hire the services of an attorney of your own.

Benefits Of Hiring Your Own Attorney

• Their understanding of the court system.
• Their counsel on the best way to proceed and what you should say or not say.
• How to deal with plea bargains.
• Aware of how to handle difficult scenarios.

Disadvantages Of Other Methods

• Representing yourself can be tough if do not understand the court system and the often-complex multitude of legal information.
• A public defender may have no sincere interest or concern for your situation.

Searching For A Lawyer

A competent DUI lawyer will listen to you, have an understanding of your case and then assist you in court is not always easy to find. It may be a wise to ask friends who you trust as well as family members to see if they have any recommendations or suggestions. Next, assemble a list (perhaps a spreadsheet can be used) include the name of the attorney, their area of practice, contact details and their address. If you have spoken to them, write down the cost of their services in another column. Furthermore, check the background of any lawyers you are considering. The State Bar website will have useful information on any malpractice in their history. Also ensure they are licensed to practice law in the area you live.

Initial Meeting

There is no question a face to face meeting is essential. You can get an idea of their working practice and how they are going to handle your situation. Bring all the paperwork you have for them and beforehand, sketch out the questions you want to ask. Be sure to include questions like:

• What is the number of DUI jury trials they have conducted?
• How many years have they been practicing law?
• What is their guilty/not guilty record?
• How long have they practiced defense for DUI cases?

How Much Does a Good DUI Lawyer Cost?

A good DUI lawyer will cost about $350 per hour but prices can range between $200 and $500 per hour or more. The average total costs for a DUI Lawyer is about $6,500 with prices varying from $5,000 to $8,000 in the USA for 2019-2020 according to Thervo. Learn more about DUI Lawyer Costs.

Source: Yore, Victoria. “How To Find The Best DUI Lawyer By Yourself.” HuffPost, HuffPost, 7 Dec. 2017, https://www.huffpost.com/entry/how-to-find-the-best-dui-_b_11279358.