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Alton DUI Lawyers

1. Meyer Law Firm: Personal Injury ¥ Worker's Compensation ¥ Family/Domestic Law ¥ Criminal Defense ¥ DUI-Traffic-Felony-Misdemeanor ¥ Business Law
2. Badiu & Henry: The truth is that a great number of innocent people are arrested for suspicion of DWI. Of course, the majority of those arrested are guilty of DWI. However, this "majority" fact provides absolutely no solace for those arrested for DWI who are not guilty - especially if one of those persons is you! If your curiosity has been aroused thus far, then it's a safe bet that you'd like some general information about DWI/ DUI and answers to the questions posed above. Hopefully, the following will do both. * What is DWI/ DUI? DWI is a criminal offense that says a person may not drive a motor vehicle in a public place while " intoxicated ". The DWI statute does not say driving while drunk. DUI as well makes it illegal for any person to drive a motor vehicle on public place while under the influence of any drug/ chemical. * What does Intoxicated mean? A person need not be drunk to be "intoxicated" but a person who is drunk must be intoxicated. "Intoxicated" is defined by the DWI/ DUI statute in two ways. First, a person is "intoxicated" when she drives and, when, through the use of an alcoholic beverage, drug, controlled substance, or any combination thereof, has lost the "normal" use of either her "mental" or "physical" faculties. Second, a person is "intoxicated" when she drives and has an alcohol CONCENTRATION of .08 or more in her body. That is to say that you DO NOT have to be 0.08 but can still be "intoxicated". * Whose "normal mental and physical faculties" are we judged by and "what is normal" ? The "normal mental and physical faculties" the DWI statute refers to are those of the particular person who has been arrested. The term does not refer to the normal faculties of the arresting officer, those of jurors in a DWI criminal trial, or those of a fictitious average person. Indeed, the term "normal" actually refers to a range of measurement of the faculties of the person arrested. For example, "normal" would not be a particular point on a 12" ruler. Rather, it is better explained as the distance between two particular points on the ruler, i.e., between the 3" and 9" marks. * What is .08 Alcohol Concentration? "Alcohol CONCENTRATION" is defined by the statute as: a) the number of grams of alcohol per 100 milliliters of blood; b) the number of grams of alcohol per 210 liters of breath; or, c) the number of grams of alcohol per 67 milliliters of urine. Practically speaking, if you've been drinking, unless you are a physicist, an engineer, or a chemist, and have a calculator, you will be unable to determine if you have an alcohol CONCENTRATION of .08 or more. Further, it is of interest to note that the amount of alcohol in each of the above statutorily defined CONCENTRATIONS is not equal, and can therefore result in a person being innocent according to one CONCENTRATION but guilty according to another. Moreover, under the two statutory definitions of intoxication, it is also possible for a person to be innocent of being intoxicated because there is no loss of either normal mental or physical faculties but still be guilty of being intoxicated via .08. * Is it .08 or more when I drive or .08 or more at the time I'm tested, or both, that will make me guilty of DWI ? Our law only provides that the crime of DWI occurs when a person drives, and at that time , has an alcohol CONCENTRATION of .08 or more in his body. It is not a per se crime to have an alcohol CONCENTRATION of .08 in the body either before or after one has driven. However, depending on the time the test is conducted, such an alcohol CONCENTRATION may be relevant in determining if the person had a .08 or more alcohol CONCENTRATION when the actual driving occurred. The timing of the particular test in question presents a significant problem for both the prosecution and the defense. This dilemma arises because .08 alcohol CONCENTRATION testing is hardly ever done at or immediately after driving. Rather, an alcohol CONCENTRATION test is usually administered approximately 45 minutes to 1 hour and 15 minutes after driving. In such delayed testing, absent other information about the number of alcoholic drinks consumed, the type of drinks consumed, and knowledge of when the drinks were consumed, it is scientifically impossible to determine if the person was over, or more importantly for the innocent, under a .08 alcohol CONCENTRATION at the time of driving. For example, let's change our earlier scenario somewhat by having the person finish his fourth cocktail at 11:55 p.m. He leaves the smoke filled restaurant at 12:00 a.m. for a 5 minute drive home. However, this time instead of being stopped for speeding, he is stopped at 12:01 a.m. because the light over his license tag has burned out. The officer, having observed a fresh (strong) odor of an alcoholic beverage on the driver's breath and his smoke reddened eyes, arrests him for DWI. The officer then transports him to the station house for an alcohol CONCENTRATION test. The test is given at 12:30 and its result is .08. Here, depending on the timing of the person's earlier consumption of alcoholic drinks, it is equally possible that earlier at 12:01 a.m., the person's alcohol CONCENTRATION was .05, i.e., not guilty, or .15, i.e., guilty. In the final analysis on this point, it may not have been a smart thing for our person to have driven at all, but if he was the .05, he neither committed nor would have committed a DWI offense. * If I decide to submit to chemical testing and my alcohol CONCENTRATION is less than .08, can I still lose my license? Yes, but this is usually the result of a subsequent criminal conviction for DWI or a related offense. For your driver's license to automatically be suspended as a result of chemical testing, the alcohol CONCENTRATION taken from your blood, breath, or urine must be .08 or more while driving.
3. Harper, Julie: If you have been arrested for DUI/DWI in the Metro East area or have been charged with a traffic violation, you want the citation to have the least possible impact on your driving record and your pocketbook. A DUI or a moving violation can carry a substantial fine. The points added to your driving record can significantly increase your insurance premiums. When you have been charged with a traffic offense, seeking the advice of a knowledgeable attorney can make all the difference. Don't risk your driver's license by attempting to fight a traffic violation by yourself.
4. Amy Sholar: Just because you have been charged with drunk driving does not mean you are guilty, or that the charges against you can be proved. ¥ Was there probable cause for the police to stop your car? ¥ Was the field sobriety test or Breathalyzer test administered properly? ¥ Was the Breathalyzer equipment properly calibrated? You may have a defense available, but you won't know unless you talk to an experienced DUI defense lawyer