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- Belden, Michael:
When the police arrest you for DWI after putting you through roadside tests that seem designed for you to fail, you have a right to be angry. You have a right to be frustrated. After all, the charges have brought into jeopardy your license, your ability to keep a job, and can possibly result in jail time. I understand how humiliated you probably are after being subjected to the roadside ÒtestsÓ and arrest, the booking and bonding process at the jail, and the embarrassment of having to tell your friends, family Ð and maybe worst, your bossÑthat an officer put you in jail just because you drove with alcohol on your breath. However, you have the right to hire an attorney who will be by your side and protect your rights each step of the way.
It's important to understand that there are two cases -a civil drivers' license action and a criminal DWI action-pending against you right now if you have been arrested for DWI. You should hire an attorney experienced at protecting your rights in both cases. You only have fifteen days from notice of suspension (usually arrest) to send your hearing request off, or your license will be automatically suspended. If you stop by, I will give you a Free Case Evaluation and a Free In-Person License Revocation Hearing Request at no charge - regardless of whether you hire me or not. I know you are probably fearful of the unknown journey that these cases will take you through, because it is probably the first and last time you will face our justice system. I want to be there to not only guide you through, but to win your case at trial or with a lower disposition you can be completely satisfied with.
Make no mistake, the charges against you are very serious and can result in the loss of your driver's license, a large "surcharge" tax on your license (in the $2,000 a year range), and other serious consequences such as jail time or DWI probation. However, there are lots of possible legal challenges to your original stop by the police, the roadside "tests" and intoxilyzer machine, and other evidentiary challenges that can make your case more winnable as it moves closer to trial. It is important to hire an attorney who will make the appropriate challenges that lead to a more winnable case for you.
You can and should (through your attorney) force the police officer and breath test supervisor to appear in person at your license revocation hearing and your trial (absent strategic considerations), and your attorney can cross-examine each of them and any other witnesses the DA calls on the facts of your case, their credibility, inconsistencies in their testimony, and other biases they have against you and other persons in your situation. Importantly, there are lots of challenges to the "science" behind roadside testing and breath machines. You should not give up hope just because you took one of their tests. These tests are often misapplied and misinterpreted.
Make no mistake, the charges against you are very serious and can result in the loss of your driversÕ license, a large ÒsurchargeÓ tax on your license (in the $2,000 a year range), and other serious consequences such as jail time. However, there are lots of possible legal challenges to your original stop by the police, the roadside ÒtestsÓ and intoxilyzer machine, and other evidentiary challenges that can make your case more winnable as it moves closer to trial. I will not hesitate to make any appropriate challenge that (in my legal judgment) will lead to a more winnable case for you.
- Gale & Gale:
Can I go to jail? You can go to jail for up to 6 months for nearly any city ordinance violation. A first DUI violation can result in a year in jail. Of course, felony cases can result in very severe jail terms in the state penitentiary, ranging from one year to life without parole. When certain enhancements are factored in, such as previous convictions under the habitual offender law, prison sentences can become obnoxiously long.
Can I lose my license? Almost everyone knows that in city and state courts in Alabama your driver's license is suspended if you're convicted of DUI. But you can also loose your license for a time for other reasons, such as refusing a breath test, or for a conviction of possession of marijuana or leaving the scene of an accident.
- Wing, Michael:
DUI / DWI charges can be intimidating. If you're like many people charged with DUI / DWI, this may be your first encounter with the criminal justice system. To the unfamiliar, unwilling participant, it can be an overwhelming experience.
- Derek Quinn:
THREE THINGS YOU MUST LEARN IMMEDIATELY!
1 - Was I actually under arrest?
2 - What I am being charged with?
3 - What are my rights and who will help me protect them?
- Beckerle, Smith & Maddox:
DUI - DWI Offenses—Being
arrested for drunk driving, driving under the influence (DUI), or
driving while intoxicated (DWI) can be a bit awkward. A DUI - DWI
conviction in Alabama carries with it the possibility of the following
sanctions:
- Alcohol assessment and treatment
- Criminal record
- Fines and forfeitures
- Increased insurance rates
- Jail or prison sentence
- Job loss
- Probation and community service
- Suspension or loss of driver’s license
- Vehicle immobilization or forfeiture
- James Harper:
When you are faced with a serious criminal charge, it's important to have an
experienced lawyer on your side.
- Mallette Law Office:
There can be unanimous agreement that the crime of DUI is wrong and
should be punished. However, the path this country is taking in solving
the DUI problem is flawed. First, as it becomes easier, under the law,
to be labeled intoxicated or impaired, more and more innocent people
are going to be convicted because of the inability of law enforcement
to accurately detect a drunken driver. As the prohibited blood alcohol
content (BAC) limit moves closer to sobriety and away from insobriety,
the symptoms police look for are going to be harder to detect. Mistakes
made by law enforcement are going to increase.
- James
Smith:
The absolute best defense is to never drink and then operate a motor
vehicle or water vessel. Unfortunately, you didn't think to call your
lawyer from the bar/party/social gathering and ask his advice before
encountering the State Trooper/Deputy Sheriff/Policeman. So, we begin
with the proposition that the best defense is not available. Whatever
the outcome, we can be sure that that Taxi Cab ride home would have
cost less than what you may now be looking at to deal with this
situation. This is not intended to make light of the predicament you
may now be in. But, lets face it, this time it didn't happen to the
other guy; its you...
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