Driving under the
influence is a crime that is punishable by law and you can rest assured that
offenders in America are punished when it comes to drunken driving but how much
they are punished varies by a wide margin and for a good reason. This is mainly
because some drunk drivers are not as guilty as others and in some cases they
are really not guilty at all but that is another topic.
For the most part though,
it is simply unacceptable for someone to get behind the wheel while intoxicated
and become a risk to the lives of innocent motorists. Even the most prolific
and renowned criminal defense lawyers share these same beliefs. And this type
of legal help can be found on this website: http://criminal-defense.usattorneys.com/.
Laws change all the time but there is
one thing that remains continuous, the simplicity and critical nature of this
website. Now you can find outstanding legal help regardless on which side of
the legal fence you are on in about the same time it takes you to make and eat
a peanut butter and honey sandwich. Times have changed, with the advent of the
Internet and incredible website innovation, many people that used to fall
through the cracks can now find a stellar legal professional.
Penalties are Far Ranging
First time offenders
are dealt with pretty harshly as well. Fines range from $250 to $500 or more
while they are liable to be imprisoned for one month or more. Repeat offenders
on the other hand are shown no mercy and are penalized with long prison
sentences that are sometimes decades long when death or serious injury is
caused as a result of a drunk driving accident.
Other penalties include
fines, probation, ignition interlock devices, ankle bracelets, and alcohol
counseling, license suspension/revocation and community service, caution
criminal defense lawyers.
If you or someone you
know has been wrongly charged with a DUI
then you ought to expedite seeking counsel from an experienced criminal defense
lawyer as soon as possible. As already mentioned, a conviction can bring with
it some adverse life-altering consequences.
Evidence in a DUI Case
Prosecutors and law
enforcement officers simply do not have a case against you if they do have evidence.
DUI evidence is quantifiable and measurable. It can be in the form of a
breathalyzer test result, a blood toxicology report, a urine test or a field
sobriety test result, to name a few.
However, it is
important to understand that law enforcement officers cannot just pull over
motorists and subject them to sobriety tests. They need to have reasonable
cause for suspicion that the driver may be driving under the influence. This is
not North Korea or Cuba. Actually, we cannot even say North Korea in this
situation since citizens are not allowed to drive cars in North Korea at all.
The only people who can drive a car in North Korea are the top few so called
leaders in that country.
Furthermore, criminal
defense attorneys have clarified that the constitution protects all Americans
from unfair searches and seizures – not just the rich and powerful and for
those who send out classified emails from their personal computer when they are
the Secretary of State. What this means is that the police cannot raid/search
your property without your consent or without a judge approved search permit.
In the case of a DUI,
both your car and your body is regarded as your property and law enforcement
officers require your consent to search either of them. Therefore, in other
words, you may lawfully refuse to provide a breathalyzer or a blood sample.
This in fact may be a good idea in some states, but some states employ the
implied consent law to counter this problem.
The implied
consent law basically comes into effect the time when you are issued your
driver’s license which criminal defense
lawyers in those states know all about. States that have this law will ask you
to sign an agreement prior to issuing your driver’s permit. According to the
agreement, you give the state the right to test you for sobriety if and when are
pulled over under a reasonable cause for suspicion.
Therefore, since you
have already provided your consent, declining to provide a breathalyzer or
blood sample in such states may lead to the immediate suspension of your
driver’s license in addition to legal repercussions.
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