DRUNK DRIVING DEFENSE SITES ON THE INTERNET

• Ross Putnam:

  Do you need legal representation if charged with a DUI on Guam?

  Like the rest of the United States, DUI is considered a serious public safety matter on Guam. If suspected of driving under the influence of alcohol, you will be detailed and possibly arrested. Penalties for DUI on Guam can be severe and include:

  Possible jail time of 48 hours to 1 year.
  Potential fines of up to $4,000.
  Administrative suspension of license of up to 6 months.
  Judicial loss of license of 6 months to 5 years. .
  Possible confiscation of vehicle.
  Significant increase in automobile insurance costs.
  Inability to obtain employment requiring a security clearance.

  How can an attorney help avoid or mitigate the above penalties?

  Protect your rights. When you are stopped for suspected DUI , you have specific rights established by law. A competent attorney will be able to review your arrest and booking records to ensure that proper procedure was followed. If not, the charges may be dropped or changed to a lesser charge.

  Negotiate a lesser plea. The goal of the Guam legal system is to ensure the general public safety and save lives, not to jail or fine as many people as possible. Guam courts are overloaded with cases to such an extent that once charged with DUI, a driver may not have a scheduled court date for as long as 1 year. Depending on the situation, your attorney may persuade the prosecutor that the situation can be corrected, and Court time and money saved, by negotiating a lesser plea rather than pursuing a DUI conviction.

  Represent you in an administrative license suspension proceedings. Ensure your rights are protected and license is not suspended without due process. The administrative hearing and suspension are based on the Guam Implied Consent Law and is separate and distinct from action in a criminal court on the DUI charge.

  Guam DUI Law

  The Guam SAFE STREET ACT, Public Law 22-20, Title 16 Guam Code Annotated, Chapt. 18, July 23, 1993, defines DUI as driving with a blood alcohol rate of 0.08% or higher and specifies mandatory jail time for any DUI conviction.

  If you are stopped while driving on Guam and suspected of driving under the influence of alcohol, you will likely be asked to consent to a field sobriety or blood alcohol breathalyzer test. Guam operates announced DUI checkpoints where drivers will be observed and, if suspected of DUI, may also be asked to consent to a breathalyzer test. Should you fail either, you will likely be arrested.

  In most cases you will be booked and released if you are capable and have alternative means to return home. Your vehicle will be left at the location where you are arrested and may be towed if it is obstructing traffic.

  Implied Consent. The Guam implied consent law stipulates that any person who operates a motor vehicle on the public roadways of Guam shall be deemed to have given consent to a blood alcohol test. Refusal to submit to a blood alcohol test may result in an administrative suspension of your driver’s license by the Guam Department of Revenue and Taxation for up to 6 months.

  Administrative vs Judicial Penalties. It is important to note the difference between a DUI conviction and an administrative suspension of your driver’s license. A judicial conviction in a court of law may result in a criminal record, jail time, fine, suspension of driver’s license or other penalties. An administrative suspension of your license does not involve a trial in a criminal court nor does it result in a criminal record. The two penalties are separate and distinct, are adjudicated by separate and distinct bodies of the Government of Guam and may both be imposed simultaneously and concurrently. This does not constitute double jeopardy.

  Guam DUI Penalties:

  1st Offense (Misdemeanor)

  Imprisonment: Minimum mandatory 48 hours.
  Fine: Mandatory $1,000.00 not more than $5,000.00.
  Loss of Driving Privilege: Six (6) months suspension.
  Additional Penalties: The judge may require the offenders to pay restitution to persons injured or for property damaged.

  2nd Offense (Misdemeanor)

  Imprisonment: Minimum mandatory 7 days.
  Fine: Mandatory $2,000.00.
  Loss of Driving Privilege: One (1) year suspension with no exception.

  3rd Offense (Third Degree Felony)

  Imprisonment: Minimum mandatory 90 days.
  Fine: Mandatory $3,000.00.
  Loss of Driving Privilege: Revocation of not mess than 2 years.
  Additional Penalties: Possible forfeiture of vehicle.

  4th Offense (Third Degree Felony)

  Imprisonment: Minimum mandatory 1 year
  Fine: Mandatory $4,000.00.
  Loss of Driving Privilege: Revocation of not mess than 5 years.
  Additional Penalties: Possible forfeiture of vehicle.

  DUI With a Child on Board (Third Degree Felony)

  Imprisonment, fine, loss of driving privilege.
  Applies to any person convicted of operating a motor vehicle while under the influence with a passenger under the age of 16, or if the child under 16 was injured as a result on an accident.

  DUI Vehicular Homicide (Second Degree Felony)

  Mandatory prison sentence of from 5 to 15 years.

  Drinking While Driving (Misdemeanor)

  Applies to any person who drinks any alcoholic beverage or consumes a controlled substance while driving a motor vehicle upon a highway.

  Drinking in a Motor Vehicle (Misdemeanor)

  Applies to any person who drinks any alcoholic beverage or consumes a controlled substance while driving a motor vehicle upon a highway.

  Open Container (Misdemeanor)

  Applies to the driver, passenger, and/or registered owner who has in his possession while in a motor vehicle upon a highway, any bottle, can, or other receptacle containing any alcoholic beverage which has been opened, or a broken seal, or the contents of which has been opened.

• Shum, John: A first time DUI in Hawaii may appear to almost be harmless because of the relatively lenient sentence but it is not. A DUI is considered to be a phased offense and future stops will be punished much more severely and can included a life-time loss of your drivers license (even if you are not convicted) and mandatory jail time. In Hawaii, there are two separate systems that handle a suspected DUI. 1. There is an administrative hearing through the Administrative DriverÕs License Revocation Office (ADLRO) to determine whether your license should be suspended or revoked 2. And a criminal hearing through the Court system to determine if you violated the law and need to be punished. It is important to remember that these two entities are completely separate, they operate in a different manner and you can have inconsistent results between the two. Protect Your Driver's License If the police stopped you for a suspected DUI, they probably took your driver's license and gave you various documents. You should have received a package of information about the ADLRO process, a temporary license and a post card notifying you of your right to explain why the ADLRO should not uphold the suspension of your driving privileges. You should have also received a ticket or bail receipt that shows when and where your arraignment is scheduled to take place. Get Legal Assistance for your DUI It is in your best interest to have legal assistance explaining your rights and fighting to keep you from losing your license. I can guide you through this process and help ensure that you get the best possible outcome. Once you receive the Notice of Administrative Review Decision informing you that the revocation has been sustained you have a limited amount of time to request a hearing. At the hearing, you can challenge all aspects of the alleged DUI and if successful, your license will be returned to you. You can also use the hearing to obtain a conditional licensing permit which allows you to drive to and from work for 60 days out of the standard 90 day suspension period. If you don't ask for a hearing, you won't get one and your license will be suspendedÑ even if you have a good defense or mistakes were made by the police officers. Approximately 30 days after your stop, you will have an arraignment in District Court for the criminal charge of operating a vehicle under the influence of an intoxicant (DUI). This will happen even if the administrative revocation is overturned in your case. For you to be convicted of a DUI, the officers must have had a valid reason to stop you. The officers must have received proper training and performed the field sobriety test properly. Additionally, the machine used to determine you blood alcohol content must be properly maintained, the police must have proof that it has been tested within the required period of time and the results must be accurate. Unless you have an attorney that knows how the procedures are suppose to be done, you cannot be sure if the State can convict you of this crime. Give yourself the peace of mind you deserve and call for a free initial consultation for me to review your case. Over .15% If you were told that because your BAC was over .15% you are considered a highly intoxicated driver, the penalties are much greater. The suspension period is for six months, you are not eligible for a conditional licensing permit and must pay a minimum fine of $500. There are ways to have the length of the suspension shortened but you have to know what to look and ask for to be successful. If you refused to allow some sort of testing to determine your blood alcohol content, you automatically lose your license for at least a year. There are also ways to have the length of the suspension shortened in these circumstances but it is much more difficult. I can help you have a chance to get your license sooner. If you have had one or more alcohol related incidents within the last five years the penalties are even higher. If you are considered an habitual offender, you may lose your license and be subjected to a jail term of up to five years. This increasing level of punishment begins with the first offense. That is why it is crucial not to roll over the first time. If you find yourself facing a second DUI, you cannot risk the possible punishment and need a lawyer to make sure that everything was done properly.
• Jones Law Firm: Hawaii DUI law is changing every year. The legislature is continually moving to make DUI penalties stiffer and law enforcementÕs burden of proof lighter. These are further examples of the changes in the DUI and Drug laws in favor of convictions rather than justice. An experienced DUI attorney can help.
• Leilani Lujan: If an accused has been arrested or is awaiting a trial on criminal charges he may wish to hire a defense attorney. There are numerous defense attorneys that an accused may have to chose from. There are various places to find a defense attorney. Some of the places that an accused may find a defense attorney include: ¥ The court. The court may have a list of potential defense attorneys. ¥ Recommendation from family and friends. ¥ The local phone book. ¥ Contact the State Bar Association. ¥ Consult the Martindale-Hubbell publication for your state. This publication lists various attorneys in your state and area in which you reside. If the accused is indigent, he may request the appointment of a public defender to represent him. What to Ask the Defense Attorney Once the accused has found the name of an attorney, he should meet with the attorney. There are numerous questions that the accused should ask the attorney. Examples of some questions include: ¥ What type of law does the attorney primarily practice? ¥ How long has the attorney been in practice? ¥ How much criminal experience does the attorney possess? ¥ How much does the attorney charge? ¥ How long does the attorney anticipate that the proceedings will take? ¥ What are the potential consequences involved with the offense charged? Once the Attorney is Retained Once the accused has retained an attorney to represent him in his criminal proceedings, the attorney will file an appearance with the court. From that point on, any communications should be through the accused's attorney. The prosecution should not directly contact the accused for questioning or to present a plea bargain. Any communications between the attorney and the accused are considered confidential and cannot be used against the accused.
• Rustam Barbee: Penalties for DUI and DWI can be harsh. It is important to hire a lawyer who knows Hawaii drunk driving law. Rustam Barbee knows the law, and can zealously represent you in administrative license revocation hearings and fight criminal fines and suspensions.
• Harrison & Matsuoka: Every lawyer involved in the criminal justice system must adhere to a complex set of rules of procedure to ensure a fair trial. The rules apply to both prosecutors and defense attorneys. This complicated procedure means that the criminal justice system is best dealt with by an experienced criminal defense attorney. A defense attorney should get involved in a case at the earliest stages, even before interrogation, if possible. The arresting officers have the obligation to inform the person in custody that he or she has the right to an attorney, and the right to have an attorney appointed if he or she does not have the resources to pay for an attorney. Most of us are familiar with these warnings--called "Miranda" warnings, after the name of the U.S. Supreme Court case that first required the warnings--from crime dramas and television shows.
• Brook Hart: You should consult an attorney for individual advice regarding your own situation.
• David Sereno: In Hawaii, a DUI may occur in several different ways and may be prosecuted as a misdemeanor or a felony. Under Hawaii law jail time is always a possibility. It is critically important to hire an attorney who has the experience to get a good result.
• Paul Cunny: The Fourth Amendment expressly protects "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." Usually, the prohibition against unreasonable searches and seizures requires police officers to obtain a warrant before performing a search or arresting someone. Although there are several exceptions to the warrant requirement, police officers cannot normally search someone's home without a warrant. In fact, as people have a heightened expectation of privacy in the home, the U.S. Supreme Court has historically afforded the highest level of protection to the right of privacy in the home.
• John Burge: Driving Under the Influence of Alcohol, or drugs, is a very common crime. It usually is heavily enforced, due to close scrutiny by groups such as Mothers Against Drunk Driving. This crime also effects the most average, everyday citizens. Since the required blood alcohol content (BAC) is so low (.08) in Hawaii, it is easy to get arrested if you have as little as two beers, and drive.
• Timothy I. Mac Master: In our country, all persons charged with committing a crime are innocent until proven guilty. You are legally innocent unless you are proven guilty. Even if you were DUI, a knowledgeable and skilled attorney may be able to help you to "stay innocent" by avoiding a conviction.
• Earle Partington If you are arrested for driving under the influence of intoxicating liquor or drugs, you are in serious trouble. You will face two separate and complex proceedings, one civil and one criminal, that must be dealt with at the same time.

• Hector M. Hernandez Nazario: En San Juan y Cabo Rojo. Ayuda legal para manejar ebrio.

• Wilka & Welter: The prosecution has the burden of proving all the elements of an offense with which a defendant is being charged. In accordance with this burden of proof, a trial court is required to specifically instruct a jury on all the elements of the offense. A jury instruction is defective if it fails to set forth all the elements of the offense.
• Tschetter & Adams: you deserve legal expertise from a responsive attorney who gets to know you, returns your calls, and gets things done.
• Clint Sargent:

  Q: If I am stopped for DUI, do I have to perform the field sobriety tests?

  Q: Can I be convicted of DUI for sleeping in my vehicle?

  Q: How much will a DUI cost me?

  Q: Can a person be charged with DUI the day after a "hit and run" accident with a telephone pole even if no one actually saw him hit the telephone pole?

  Q: Why is it when you look in the court section of the paper you read about several people convicted of DUI-1st offense, but the fine and sentence is different from person to person?

  Q: If a defendant is charged with DUI-3rd Offense, are his 2 prior DUI's admissible at trial to show that he has a propensity to drink and drive, and thus, must be guilty of the 3rd offense?

  Q: If a person has 2 prior DUI's, are there ways to have the records sealed if a person meets certain criteria (like no future offenses for a certain amount of time) or is a person doomed to carry around this baggage on his record forever and have it show up on all future employment background checks?

  Q: The Attorney General has proposed a twice-a-day breathalyzer program, which is being implemented on a test basis in four South Dakota counties, including Minnehaha. Is the breathalyzer program being used as an alternative to jail sentences in DUI-2nd and DUI 3rd cases?

  Q: If I am stopped for DUI, do I have to perform the field sobriety tests?

  Q: Can a park ranger arrest you for DUI in a boat?

  Q: Can a blood test determine your blood alcohol content (BAC) with 100% accuracy?

  Q: Can a person be convicted of DUI for riding a horse while intoxicated?

  Q: How will my Commercial Driver's License be affected if I am convicted of DUI?

  Q: Can a police officer legally stop me for turning onto an alternate road to avoid going through a sobriety check-point/road-block?

  Q: I am a farmer who has had my driver's license revoked and I don't have a work permit. Can I drive my tractor to and from the field on the public road?

  Q: Can a police officer legally stop me for turning onto an alternate road to avoid going through a sobriety check-point/road-block?

  Q: Can a person be convicted of DUI for riding a bicycle while intoxicated?

  Q: Have field sobriety tests been scientifically tested for accuracy?

  Q: This holiday season I have seen multiple cartoons and commercials depicting                            Santa Claus and his sleigh stopped for DUI.  Could Santa really be convicted                     of DUI in South Dakota?

  DUI/DWI

  Q: If I am stopped for DUI, do I have to perform the field sobriety tests?

  A: No. A person can always refuse to participate in law enforcement's field sobriety tests. If you do refuse, the Government can tell the jury at your trial that you refused to perform the tests. A person can also refuse to take a blood test if they have not twice been convicted of DUI in the last ten years. But again, the Government can inform the jury of your refusal. Also, if you refuse to take a blood test, your driver's license will be revoked for one year even if you are found not guilty of DUI.

  Q: Can I be convicted of DUI for sleeping in my vehicle?

  A: Maybe. It has happened before. A person has been convicted of DUI when found sleeping behind the wheel of his parked vehicle even though the keys were not in the ignition. In South Dakota, a person is guilty of DUI if he is in "actual physical control" of a vehicle while intoxicated. All that is necessary to establish "actual physical control" of a vehicle is proof that vehicle was operable and that the defendant was in a position to manipulate the controls which would cause it to move.

  Q: How much will a DUI cost me?

  A: It depends on whether it is your first offense or not. Here are some of the costs commonly associated with a DUI conviction in Sioux Falls. Fine $350-750; Court Costs $45; Reimburse State for Cost of Blood Test $55; Substance Abuse Evaluation $40; Out-Patient Alcohol Treatment $700-1200; Interlock Breath Tester for Vehicle $80 installation fee, $60/month rental fee; Electronic Monitoring during House Arrest $10/day. You will also have attorney's fees and an increase in your insurance rates. If you are currently paying a premium rate, you can expect that to double. REMEMBER YOUR RIGHT TO REMAIN SILENT!

  Q: Can a person be charged with DUI the day after a "hit and run" accident with a telephone pole even if no one actually saw him hit the telephone pole?

  A: Sure, if the State had enough circumstantial evidence. For example, a witness hears a noise outside and looks to see a car driving away from a downed telephone pole. Police then locate the vehicle through its license number and find collision damage. The State then only has to prove the driver's identity and the driver's level of intoxication at the time of the crash. A bartender could provide this evidence. In most cases, however, people tell on themselves the minute police knock on their door and ask to see their vehicle. The State's case gets much easier at that point. REMEMBER YOUR RIGHT TO REMAIN SILENT!

  Q: Why is it when you look in the court section of the paper you read about several people convicted of DUI-1st offense, but the fine and sentence is different from person to person?

  A: Under state law, judges have wide discretion in sentencing a defendant, and they look at a number of factors in arriving at an appropriate sentence. The factors include: the nature of the offense; any injuries caused to others; the defendant's personal background, family history, substance abuse history, financial condition, prior criminal record, acceptance of responsibility, remorse, and prospect of rehabilitation; and the interest of the public in retribution and deterrence. Judicial discretion is a good thing. No one is in a better position to determine an appropriate sentence than a judge. No two crimes and no two defendants are the same.

  Q: If a defendant is charged with DUI-3rd Offense, are his 2 prior DUI's admissible at trial to show that he has a propensity to drink and drive, and thus, must be guilty of the 3rd offense?

  A: No. Evidence of prior crimes is not admissible at trial in order to show a defendant's bad character, or his propensity to commit crimes. The State must prove its case based on the facts of the current charge alone. The State can't argue that someone is obviously guilty of DUI because they have a long history of drinking and driving. While a person's criminal record is not admissible to prove guilt or innocence, it is one of the most important facts considered by the Judge at sentencing.

  Q: If a person has 2 prior DUI's, are there ways to have the records sealed if a person meets certain criteria (like no future offenses for a certain amount of time) or is a person doomed to carry around this baggage on his record forever and have it show up on all future employment background checks?

  A: Unfortunately, short of a pardon by the Governor, your "doomed." A pardon is the only way to have 2 prior DUI's removed from your record.

  Q: The Attorney General has proposed a twice-a-day breathalyzer program, which is being implemented on a test basis in four South Dakota counties, including Minnehaha. Is the breathalyzer program being used as an alternative to jail sentences in DUI-2nd and DUI  3rd cases?

  A: No. The daily breathalyzer program is only being used as a condition of pre-trial release to monitor those defendants who cannot otherwise satisfy the judge that they do not pose a danger to the community. Judges are still imposing jail sentences in almost all DUI-2nd and DUI-3rd cases.

  Q: If I am stopped for DUI, do I have to perform the field sobriety tests?

  A: No. A person can always refuse to participate in law enforcement's field sobriety tests. If you do refuse, the Government can tell the jury at your trial that you refused to perform the tests. A person can also refuse to take a blood test if they have not twice been convicted of DUI in the last ten years. But again, the Government can inform the jury of your refusal. Also, if you refuse to take a blood test, your drivers license will be revoked for one year even if you are found not guilty of DUI.

  Q: Can a park ranger arrest you for DUI in a boat?

  A: Yes. State park rangers and conservation officers have the same powers of arrest as a sheriff or a constable, and the same rules for drinking and driving in a car apply to boats. It is a Class 1 misdemeanor to operate a boat on the public waterways of this state if your blood alcohol content is 0.08 % or more, or if you are under the influence of alcohol.

  Q: Can a blood test determine your blood alcohol content (BAC) with 100% accuracy?

  A: No, not 100%. The real issue in DUI cases is determining a person's BAC at the time they were driving. A person's BAC is not the same at the police station an hour after an arrest as it was at the time they were driving. A person's BAC is constantly changing depending on a number of factors. Factors include when the person took his last drink, what he drank, how fast or slow he drank it, the size of the person, what the person last had to eat and when, as well as several other factors. Government chemists attempt to arrive at a person's BAC at the time of arrest by "back extrapolating," but it is not an exact science.

  Q: Can a person be convicted of DUI for riding a horse while intoxicated?

  A: Yes, but only for a couple more months. A new law will go into effect July 1, 2006, excluding horses and other animals from the DUI laws. For those of you who like to party and are looking for a new "legal" form of transportation, call Cory Sargent, Sargent Quarter Horses, Clearfield, SD (605) 557-3290.

  Q: How will my Commercial Driver's License be affected if I am convicted of DUI?

  A: The law regarding Commercial Driver's Licenses (CDLs) changed in September 2005 due to a mandate from the federal government. Now, if you are convicted of a first offense DUI, your Commercial Driver's License (CDL) will be revoked for a minimum of one year even if you are driving a non-commercial at the time of your DUI arrest. A second or subsequent DUI conviction results in a lifetime revocation of your CDL.

  Q: Can a police officer legally stop me for turning onto an alternate road to avoid going through a sobriety check-point/road-block?

  A: Yes. The South Dakota Supreme Court has held that a police officer's observation of a vehicle turning around to avoid going through a sobriety roadblock constituted a reasonable suspicion to stop a motorist and was thus constitutionally permissible.

  Q: I am a farmer who has had my driver's license revoked and I don't have a work permit. Can I drive my tractor to and from the field on the public road?

  A: Yes. You don't need a driver's license to drive a farm tractor or implement of husbandry to or from the home farm buildings to or from any adjacent or nearby farmland for the exclusive purpose of conducting farm operations." Also, you don't need a driver's license to drive any vehicle on your private property. You can also drive a four-wheeler without a license so long as you stay in the ditch and only go on the road to cross.

  Q: Can a police officer legally stop me for turning onto an alternate road to avoid going through a sobriety check-point/road-block?

  A: Yes. The South Dakota Supreme Court has held that a police officer's observation of a vehicle turning around to avoid going through a police roadblock constituted a reasonable suspicion to stop a motorist and was thus constitutionally permissible.

  Q: Can a person be convicted of DUI for riding a bicycle while intoxicated?

  A: Not any more. A new law just took effect July 1, 2006, excluding bicycles, tricycles, all unpowered foot-pedal conveyances, horses and other animals from the DUI laws.

  Q: Have field sobriety tests been scientifically tested for accuracy?

  A: The National Highway Traffic Safety Administration (NHTSA) has done studies over the last 30 years to determine the accuracy of the various sobriety tests used by police.  Based on its research, NHTSA has endorsed 3 tests the walk-and-turn test (WAT), the one-leg-stand test (OLS), and the horizontal gaze nystagmus test (HGN).  When performed correctly by the arresting officer, these tests have claimed reliability rates of 68% for WAT, 65% for OLS, and 77% for HGN.  Cumulatively, if all are done correctly, up to 83% correlation to a BAC of 0.10% or higher may be expected.  The use of other tests is discouraged.

  Q: This holiday season I have seen multiple cartoons and commercials depicting Santa Claus and his sleigh stopped for DUI.  Could Santa really be convicted for DUI in South Dakota?

  A. If depends on whether Ol' St. Nick was riding in the sleigh or riding on Rudolph's back.  He is guilty of DUI if while under the influence of alcohol, he is in actual physical control of a vehicle, to wit:  his sleigh.  However, our law provides that any person "riding a horse or other animal" is excluded from the DUI laws.  As long as he was riding a reindeer instead of in his sleigh, he would not be guilty of DUI.

• Christensen Law Offices:

   In South Dakota, drunk driving (DUI / DWI) penalties are severe:

  1 ^st Offense: $500 fine, 30 day loss of license
  2 ^nd Offense: $500 fine, 10 days of jail time, 1 year loss of license
  3 ^rd Offense: Considered a felony, punishment can vary

• Thesenvitz & Mickelson: You should consult an attorney for individual advice regarding your own situation.
• Day Morris & Schreiber: You should consult an attorney for individual advice regarding your own situation.
• Jack Hagopian: If you or someone you know is charged with a crime, choosing experienced quality legal representation can be the single most decision made about the case. Every good criminal defense attorney must be a good experienced trial attorney. Every lawyer, like every doctor or other professional, has his first surgery or case. When your future is on the line, you need someone who has the experience to advise you whether to go to trial or not and the reputation to back it up. Quite often, cases do plea bargain at the last minute and it is a great advantage to have an attorney who is known to aggressively try and win cases.
• Bantz, Gosch & Cremer: There is an inequality of power and material resources in the criminal justice system. The government has a large staff of lawyers, police and agents, sophisticated crime labs and experts, and a huge budget provided by the taxpayers. This gives them a tremendous advantage because the legal system is based on the premise that "the whole truth" is that presented at the trial. If a defendant cannot challenge the government's case, or submit his or her own witnesses, then the jury by default will probably accept as true whatever evidence the prosecutor produces.
• Timothy Rensch
• David Palmer: Your right to an impartial trial means that your case should be decided by a judge or jurors who do not have preconceived notions about the type of offense being charged. It also means that your case should be decided by a judge or jurors who have not already made up their mind about your guilt.
• John Wilka: It is important to remember that not all is lost when you are arrested’€”it is not against the law to be over the legal limit at police station, only when you are behind the wheel.

• Wilson Law Group: The police questioned and then arrested me without reading me a Miranda warning. Can they do this? Police officers do not have to inform persons of their right to remain silent if the person is not currently in their custody. Whether a person is in their custody in the eyes of the law turns on whether a reasonable person under similar circumstances would feel free leave. Consequently, if a police officer approaches you on the street and asks you questions, he or she does not have to read you your Miranda rights unless it appears that the police officer restricted your ability to walk away. Also, preliminary investigative questioning may not trigger the need for a Miranda warning, even though you really were not free to leave. In other words, if an officer stops you for speeding and asks you whether you had been drinking, no Miranda warning would be required because the courts have determined that a person in such a situation is not in custody. Even if the police violated your Miranda rights, the remedy for the violation is a finding that your statements cannot be used against you. It does not mean that the state cannot prosecute the case. Thus, the state will go forward with the case if the prosecutors believe that the state has enough evidence to obtain a conviction regardless of the admissibility of the statements.
• Ed Ryan:

  Things to know if you have been arrested for a drinking and driving case

  Was there a legal reason to stop and investigate you? Were the field sobriety test done correctly and within NTSA standards? Can you continue to drive even if you did not take the Breath/Blood test? If you lose your license can you still drive to work? Are there any witnesses or a video? What are the strength and weaknesses of your case? Can you avoid a criminal record? TRAFFIC STOP TIPS DO: BE Polite-BE QUIET Show license & Insurance Ask ÒAm I free to go?Ó If so Ð leave. If not- BE QUIET Sign ticket and property receipt ONLY If you consent to a breath/blood test, IMMEDIATELY request a second independent test (that is your right) DONÕT: Admit to drinking! Perform ANY field sobriety test, including the eye test (these are NOT required by law) Argue Talk or make excuses WHAT YOUR LAWYER NEEDS TO KNOW TO HELP YOU Medical conditions, prior injuries, dental problems: all of lifeÕs wear-and tear can be important information for your lawyer to know about to be able to help you effectively. If a potential DUI defense lawyer you are interviewing does not use a questionnaire to elicit all of your medical history, or ask probing questions about your physical condition, you may want to consider a change in counsel. Certain medical and dental conditions make a subject unsuitable for breath testing. Breath testing machines are supposed to be reading alcohol molecules that come from deep lung air, as this is supposed to approximate the alcohol level of the blood. Unfortunately, the machine isnÕt smart enough to know whether the molecules it is reading are coming from the deep lung air, or have been trapped in the mouth, or brought up from the stomach due to a belch or esophageal reflux episode. Dentures, bridges, and other dental work can frequently trap alcohol in the mouth, especially when eating and drinking are occurring together, as is so common in social situations. Other medical conditions are important for attacking supposedly poor performances on field sobriety tests. These balance and coordination exercises, in which officers attempt to judge someoneÕs natural abilities by asking them to do unnatural maneuvers can be greatly impacted by prior injuries or conditions. Being flat-footed, having torn cartilage, or any number of physical ailments can impact a personÕs ability to perform these unnatural roadside tests. Whether or not you are currently under a doctorÕs care, anyone who stands accused of DUI would be well-served to list all prior injuries, significant illnesses, accidents, or medical conditions for their lawyer to consider. While no one enjoys enduring lifeÕs sometimes hard knocks, all of us experience them, and these conditions, sometimes hold the key to hearing the two sweetest words in the English language: ÒNot Guilty.Ó POTENTIAL SOURCES OF ERROR IN BREATH TESTING Calibration of the breath machine being off Alcohol being trapped in the mouth Belching or burping within 20 minutes of being tested Medical conditions making defendant an improper subject for breath testing GERD: Gastro Esophageal Reflux Disorder Official testing protocols not being observed Breath test operator not being properly trained, Elevated body temperature Fundamental assumptions inapplicable: machine is based on ÒaveragesÓ that may or may not apply Breath testing during the Òabsorptive phaseÓ significantly over-estimates true blood alcohol level (and the absorptive phase can last for hours after drinking stops) Did you blow into the machine more than once? Did the officer re-set the machine or change the mouth piece DUI FACTÕS YOU PROBABLY DID NOT KNOW That body temperature can affect the breath test results. That field sobriety tests are optional. If you took them, itÕs only because you submitted. That blood samples can ferment, and create artificially high alcohol reading. That a DUI conviction will cost you more than $10,000.00 over the next three years. The court could order you to have ignition interlock device installed in your car. There are alternatives to some or part of a jail sentence with electronic monitoring and community service. That if you hire a lawyer, in some cases the lawyer can appear in court for you while you go about your normal everyday life. Each shot of liquor, glass of wine, or mug of beer raises your BAC and average of .02%. If you have a license from another state it will be up to that state to suspend your license. If you refuse to take a blood or breath test after youÕve been arrested the court could still suspend your license if found not guilty of the DUI. You will be required to file SR-22 insurance if you get convicted of a DUI or violation of implied consent and get a restricted license. There are different levels of DUI School depending on the assessment, and what offense DUI it is. That only a DUI conviction mandates a loss of license and alcohol school and lesser charge that is negotiable. Not all DUI arrest result in DUI convictions, many settlement alternatives are available. You have a right to a jury trial in a DUI case. To be convicted at trial, all 12 jurors must be convinced in your guilt beyond a reasonable doubt. If even one juror votes in your favor, you cannot be convicted. According to breath machine manufacturer, there is a margin of error in breath testing equipment. The arresting officer is required to continuously observe the subject for the twenty minutes immediately before the breath test, to make sure the subject doesnÕt burp, or place anything in there mouth. The legal limit used to be .15 before it was dropped to .10, and then reduced again to .08? Most car rental companies wonÕt rent to someone with a pending DUI case or with a restricted license. Your best bet is with a small Òmom and popÓ car rental company, and not the big national brands. That a tongue piercing can cause an inaccurate breath test reading by trapping alcohol in the mouth.

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• Beijing-Chen & Associates

• Christian Vinaa:
  
  
  

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• Larisa Somfalean: awyers possess the keys to justice under a rule of law -- the keys that open the courtroom door. Those keys are not held for lawyers' own private purposes; they are held in trust for those who would seek justice, rich and poor alike. Ensuring that there is, indeed, "equal justice under law" - not just for the wealthy, but for the poor, the disadvantaged, and the disenfranchised - is the law, sustenance that brings meaning and joy to a lawyer's professional life.

• Raffles Law: When a driver is charged under section 67 or 68, evidence that he had at the material time a blood alcohol concentration in excess of 80mg of alcohol in 100ml of blood creates a presumption that he was incapable of having proper control of the vehicle. The onus then falls on the accused to rebut the presumption. He may not do so, however, by showing that he has a great capacity for alcohol, since the specific limit set in section 70 is plainly intended to preclude the individual accused from introducing medical evidence as to his personal tolerance for drink.

• Hawke's Bay-Bannister and von Dadelszen: The police officer who is dealing with you in these situations can take two approaches. The officer can make it easy for you or he/she can make it hard for you. Invariably, if you, as a potential offender, are arrogant, obnoxious or abusive, you will be dealt with differently than a person who is polite and cordial. After all, it is the police who decide whether or not to release you that evening. In many cases, the police will give a non-demanding offender a lift home. Those who are offensive will, at the worst, find themselves locked up in the cells to "sober up" or, at best, find themselves walking home.