Wichita DUI Lawyers
- Paine Law Firm:
You have only 10 days following the incident to request an administrative hearing to challenge the pending suspension that automatically results from your arrest.
- Sullivan, John:
Criminal charges can result in serious penalties. With an experienced and aggressive defense you can effectively defeat your charges and minimize penalties in your case.
- Bernhardt, Gregory:
Protecting Your Record from DUI
In Kansas, being arrested for drunk driving is an extremely serious matter. A conviction for driving under the influence (DUI) will be a permanent mark on your record and may lead to a domino effect of increasingly severe punishments for each subsequent conviction.
Severe Consequences for First Time and Repeat DUI Offenders
A DUI conviction comes with severe consequences for both first-time and multiple offenders. In Kansas, DUI has mandatory enhanced sentencing. The following punishments await those who are convicted of DUI:
* First conviction carries a mandatory minimum of between 48 hours and six months of jail time along with a $500-$1000 fine
* Second conviction is 90 days to one year in jail, which can be paroled if you successfully complete drug and alcohol treatment
* Third conviction is considered a felony; the state will look at your lifetime criminal history to decide the proper punishment
Acting Quickly Is Important in DUI Cases
One of the first things I tell clients is that they need to send their request for an administrative hearing within ten days after the arrest. If you wait too long, the administrative hearing will be denied and suspension of your driver's license is automatic.
Suspensions are decided in Kansas through the Department of Revenue. The minimum suspension is 30 days. License are suspended based on the number of occurrences, which include test failures, test refusals, convictions and diversions. The Department can examine your criminal history and see the number of DUI convictions on your record.
The best way to avoid severe consequences is to aggressively defend yourself.
- Beall & Mitchell:
Talk to an Experienced Defense Attorney First About Your DUI/DWI Charges
DUI/DWI is a serious criminal charge in Kansas, and can come with serious criminal consequences. Make sure you understand your rights and can effectively guard your interests; talk to an experienced criminal defense attorney before you talk to anyone else.
Although it is important to speak to an attorney as soon as possible with any criminal charge, this is especially true in DUI/DWI cases. These charges often have strict deadlines. You only have a few days to challenge your administrative license suspension, and the sooner you start addressing your criminal charges, the better you will be.
- Weber, Joseph:
* Speeding tickets
* Suspended driver's license reinstated
* Driving while a license is suspended (DWLS)
* Driving while a license is revoked (DWLR)
* Juvenile driving without a license
* Juvenile DWI or DUI
- Studtmann, Michael:
Don't settle for any lawyer. Trust a criminal attorney specializing in DUI defense.
- Smith, Kevin:
As of July 1, 2007, the Kansas legislature "reformed" Kansas DUI law. Kansas DUI law is now among the strictest and least forgiving of any jurisdiction in the United States. Following is a brief summary of Kansas law and how it will affect those who drive under the influence of alcohol or drugs.
Unlimited Lookback
Perhaps the most disturbing aspect of the 2001 changes deals with the statute's lookback provision. Prior to July 1, 2001, the charging authority considered the defendant's DUI record for the previous five years when determining whether a current DUI charge would be classified as a Class A or B misdemeanor, or a Non-Person felony. There is now no time limit. Hence, a defendant who was convicted of a DUI 30 years prior to a current charge will have the older charge held against him today. Moreover, as with the previous legislation, the charging party must also consider a DUI diversion a conviction for charging classification purposes, regardless of when the diversion occurred. Bottom line: each and every DUI case is critical and a defendant should take every precaution to ensure that a "bad" case does not go on his permanent record.
Jail Time
One who is convicted of driving under the influence will spend time in confinement. Whether the case is a first, second, third or fourth DUI will determine how long and in what form that confinement occurs. Moreover, a defendant's attitude as relates to his willingness to admit the existence of an alcohol or chemical dependency problem will play a huge role in determining whether a Court will find the statutory minimums appropriate (i.e., whether a defendant serves 48 hours in jail or up to one year, depending on the classification).
Following are the statutory minimums for BAC at or below .08, as well as DUI refusals, thought a judge can impose jail time in excess of these periods of time:
Class B misdemeanor (first time DUI): 48 hours jail;
Class A misdemeanor (second time DUI): 5 days incarceration total, 48 hours consecutive;
Non-Person felony (third time DUI): 90 days incarceration total, a minimum of 48 hours consecutive in county jail with the balance in work release or house arrest if the court deems it appropriate;
Non-Person felony (fourth or more DUI): 90 days incarceration, a minimum of 72 hours consecutive in county jail with the balance in work release if the court deems it appropriate.
Again, these are the minimums. If the court finds that the facts and circumstances of a particular case justify more than the minimums, a defendant could serve up to 6 months for a Class B, or 1 year for all remaining classifications.
Prior to 2007, a third or more lifetime DUI could not be prosecuted in a municipal court. Beginning July 1, 2007, and retroactive to July 1, 2006, municipal courts now have concurrent jurisdiction for such cases, although any third or more lifetime DUI cannot be prosecuted as a felony by municipal courts.
Fines*
Class B misdemeanor: $500.00
Class A misdemeanor: $1,000.00
First felony (third total DUI): $1,500.00
Second or more felony (fourth or more DUI): $2,500.00
* A defendant will also be subject to court costs and additional fees for the Alcohol & Drug Safety Action Program (ADSAP) and other programs the Court deems appropriate, such as a DUI Victims' Panel. Moreover, if defense counsel is appointed or a public defender assigned, the Court will probably assess fees sufficient to cover the costs of such representation.
Drivers License Suspension and/or Restriction
Kansas law provides for drivers license (D.L.) suspension and restrictions depending on whether a suspect submits to a breath or blood test, fails a breath or blood test or refuses a breath or blood test. As with the above-listed penalties, the length of suspension and period of restriction varies depending on a defendant's prior behavior. NOTE COLUMN 4, GREATER THAN .15 BAC, WHICH TOOK EFFECT JULY 1, 2007.
Suspect's Action Refusal Failure to .15 bac
failure over .15 bac
(effective July 1, 2007)
First Time
¥ 1 year suspension followed by 1 year with an ignition interlock.
¥ $400.00 D.L. reinstatement fee
¥30 day suspension, followed by 330 days of restricted driving privileges or ignition interlock absent restrictions.
¥ $100.00 D.L. reinstatement fee
¥ 1 year suspension, followed by 1-year ignition interlock requirement.
¥ $100.00 D.L. reinstatement fee
Second Time
¥ 2 year suspension
¥ $600.00 reinstatement fee
¥ 1 year suspension, followed by 1-year ignition interlock requirement.
¥ $200.00 D.L. reinstatement fee
¥ 1 year suspension, followed by 1-year ignition interlock requirement.
¥ $200.00 D.L. reinstatement fee
Third Time
¥ 3 year suspension
¥ $800.00 reinstatement fee
¥ 1 year suspension, followed by 1-year ignition interlock requirement.
¥ $300.00 D.L. reinstatement fee
¥ 1 year suspension, followed by 1-year ignition interlock requirement.
¥ $300.00 D.L. reinstatement fee
Fourth Time
¥ 10 year suspension
¥ $1,000.00 D.L. reinstatement fee
¥ 1 year suspension, followed by 1-year ignition interlock requirement.
¥ $400.00 D.L. reinstatement fee
¥ 1 year suspension, followed by 1-year ignition interlock requirement.
¥ $400.00 D.L. reinstatement fee
Fifth Time Permanent revocation Permanent revocation Permanent revocation
Additional Provisions
MINOR UNDER 14 YEARS OF AGE IN VEHICLE. The most notable additional provision is the additional penalty if a defendant had a minor 14 years of age or younger in the vehicle at the time of the violation. The Court must assess an additional 30 days incarceration per child, depending on how many child endangerment charges the defendant is adjudicated guilty on committing (or pleads guilty to). The Court has the discretion to order the defendant to serve this portion of confinement in jail, work release or house arrest.
MINOR WITH BAC OF .02 OR MORE BUT LESS THAN .08. Although a failing breath or blood alcohol test for the above penalties is .08 or more, minors (those under age 21 years) are subject to a more stringent standard. Minors who test under .08 but over .02 can be cited for violating K.S.A. 8-1567a, a Class C misdemeanor, which carries fines of up to $500.00 and jail time of up to 30 days. Although Kansas courts do not normally place those convicted of Class C misdemeanors on probation subject to treatment and other requirements (such as drug and alcohol counseling, AA/NA meetings, etc.), the nature of a DUI will likely compel a Court to impose such requirements on a violator of K.S.A. 8-1567a.
2007 REVISION OF MOPED DRIVERS LICENSE ELIGIBILITY. Beginning July 1, 2007, a person can no longer obtain a moped drivers license if a violation of K.S.A. 8-1567 or 8-1567a causes the suspension of driving privileges. This appears to mean that if you are suspended administratively or before an actual criminal conviction for a DUI occurs, you cannot obtain a moped license.
- Maughan & Maughan:
* Criminal law
* Appellate advocacy
* Juvenile
* International law
* Immigration law
* Small business formation
* Probate
* Municipal court practice
* Wichita City Public Defenders
* Civil litigation
* Administrative law
* DUI law
* Federal defense
* Civil rights
* Domestic
* Child support enforcement
* Personal injury
* Constitutional law
* Aviation law
* Trusts and estates
- Powell, Brewer & Reddick:
*
Bankruptcy
*
Corporate Law
*
Civil Litigation
*
Criminal
*
Family Law
*
Employment Law
*
Insurance Coverage, Insurance Fraud and Defense of Personal Injury Claims
*
Probate Law
*
Products Liability Defense
*
Real Estate Transactions
*
Wills and Estate Planning
*
WorkerÕs Compensation Claims
*
Wrongful Death
- Falk, Roger:
1. Right to an Attorney - Defendants have the right to an attorney throughout legal proceedings. The court will appoint an attorney for the defendant at no charge if they cannot afford to hire one. Yet, at the end of the case, they may be asked to pay all or part of the cost for that attorney, if they can afford to.
2. Right to a Jury Trial - Defendants have the right to a speedy, public jury trial. At the trial, the defendant is presumed innocent, and cannot be convicted unless 12 impartial jurors are convinced of the defendant's guilt beyond a reasonable doubt.
3. Right to Confront Witnesses - Defendants have the right to confront and cross-examine all witnesses testifying against them.
4. Right Against Self-Incrimination - The defendant has the right to remain silent and not incriminate themselves, and the right to testify on their own behalf.
5. Right to Produce Evidence - The defendant has the right to present evidence and to have the court issue a subpoena to bring into court all witnesses and evidence favorable to them, at no cost to them.
- Hulnick, Stang & Rapp:
What is a DUI?
In Kansas, there are two general ways to be charged with Driving Under the Influence (DUI). The first consisting of operating or attempting to operate a motor vehicle while having a breath or blood alcohol level of .08 or greater. The second is that you were unable to safely operate or attempt to operate a vehicle due to the ingestion of drugs/alcohol, or a combination of both. This incapability may be shown from evidence such as poor performance on field sobriety tests, poor driving skills, your physical appearance and statements that you made to the officer.
In order to defend against such a charge, you must be ready and able to:
* Demonstrate your lack of intoxication through independent witnesses or critical examination of the government's witnesses
* In depth analysis of the results of the breath or blood
* Careful scrutiny of the officer's precision and proficiency in administering the field sobriety tests
* Close examination of the training and experience of the persons who conducted any chemical tests
* Evaluate the constitutionality of the traffic stop, or contact by the officer, and the constitutionality of any search or seizure performed by the officer.
As with any criminal charge, the government bears the burden of proving the charge against you. Because of an increased political and public intolerance toward those who drink and drive, defending persons charged with a DUI has become more complicated, and the penalties upon conviction have become more severe.
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Administrative Proceedings
If you have been arrested for DUI, there are two distinct and separate aspects of your case, both of which are very important to address:
* The Criminal Charges which can result in fines, jail time, and the suspension and restriction of your driving privileges; and
* The Administrative Proceedings (civil-side) which can result in the suspension and restriction of your driving privileges.
The length of the suspension/restriction of your driving privileges resulting from the Administrative Proceedings depends upon: (1) whether you refused or failed the chemical test; (2) whether this is your first DUI arrest or have a prior diversion and/or convictions, or have received a prior administrative suspension of your driving privileges; and (3) whether you are over or under 21 years of age at the time of the test failure/refusal. The time of suspension of driving privileges, depending on these factors, ranges from 30 days to permanent revocation of your driver's license. You have a right; however, to an administrative hearing in which you can challenge the grounds upon which the State of Kansas is trying to suspend/restrict your driving privileges. If you are successful at this hearing, the administrative action against your driving privileges will be dismissed.
DC -27
At the time of your arrest, the officer should have given you a pink form called the DC-27. As set forth on the back of that form, you must send a request for an administrative hearing to the Kansas Department of Revenue within 10 days of the day you received the DC-27. In this request, you need to specify that your hearing be in person before a representative of the Department of Revenue. Failure to request an in-person hearing will result in the hearing being held over the telephone. Failure to request an administrative hearing will bar you from challenging the administrative suspension of your driving privileges.
If you have requested an administrative hearing, your driving privileges will continue in full force and effect until 30 days after the administrative hearing. At this hearing, a number of issues can be raised to oppose the suspension of your driving privileges, including but not limited to:
* Whether the officer had reasonable grounds to believe that you were operating or attempting to operate a vehicle while under the influence of alcohol/drugs or a combination of both
* Whether you were given the statutorily required notices
* Whether your actions constituted a test failure/refusal
* Whether the testing equipment, testing procedures, and the officer operating the machine were certified/approved by the Kansas Department of Health and Environment (KDHE)
* Whether the test result was .08 or greater
* Whether your Constitutional Rights were violated
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Potential Criminal Penalties
The criminal aspect of a DUI includes fines, mandatory jail time, suspension of your driving privileges and the potential impoundment of your vehicle. The amount of fine and the length of the jail sentence are determined by the number of prior DUI convictions/diversions you have had during your lifetime. It no longer matters whether a prior conviction was outside of five years. Under current Kansas law, all prior DUI convictions and DUI diversions count towards enhancing (increasing) the criminal level of the DUI being charged, regardless of how long ago they occurred.
First Conviction: A first lifetime conviction for DUI is a Class B misdemeanor. The potential sentence is 48 hours to six months in jail, and a fine between $500.00 and $1000.00. You must serve at least 48 hours, unless the court approves a request to perform 100 hours of community service in lieu of serving the 48 hours in jail. Upon a first conviction your driving privileges will be suspended for 30 days, followed by 330 days of restrictions. You will also be required to undergo a drug and/or alcohol evaluation and will have to complete whatever treatment is recommended by the evaluator.
Second Conviction: A second lifetime conviction for DUI is a Class A misdemeanor. The potential sentence is 90 days to one year in jail, and a fine between $1000.00 and $1500.00. Providing that you enter into a substance abuse treatment program, you must serve at least five days in jail, but after 48 hours the judge can order that the remainder of the sentence be served on house arrest or in a work release program. Upon a second conviction, your driving privileges will be suspended for one year followed by at least one year of interlock restrictions.
Third Conviction: A third lifetime conviction for DUI is a felony. The potential sentence is 90 days to one year in jail, and a fine between $1500.00 and $2500.00. After completing 48 hours in jail, the court may order that the remainder of the sentence be served on house arrest or in a work release program. Upon a third conviction, your driving privileges will be suspended for one year followed by at least one year of interlock restrictions.
Fourth or Subsequent Conviction: A fourth or subsequent lifetime conviction for DUI is also a felony. Like a third conviction, there is a sentence of between 90 days and one year in jail, however the fine is a flat $2500.00. You must serve 72 hours in jail prior to the court being able to grant work release for the balance of your sentence (house arrest is not allowed). Upon a fourth conviction, driving privileges are suspended for one year followed by at least one year of interlock restrictions. If there is a fifth conviction, driving privileges are permanently revoked.
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Juvenile Drivers and DUI
Juveniles who are at least 14 but not yet 18 years of age, and who are charged with DUI, are tried in adult court, rather than juvenile court. A juvenile's sentence; however, cannot be longer than ten days and can only be served in a juvenile detention facility. The court has the authority to revoke or suspend a juvenile's driving privileges upon conviction for DUI for a period of up to one year. Instead of suspension, the court may impose restrictions on a juvenile's driving privileges.
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Drivers Under 21 and DUI
In addition to the main DUI law that prohibits operation of a motor vehicle if a personÕs breath or blood alcohol level is .08 or greater, it is administratively unlawful for any person under 21 to operate or attempt to operate a vehicle with a breath or blood alcohol content of .02 to .079. If a driver under 21 has a BAC between .02 and .079, his/her driving privileges may be suspended for 30 days on the first occurrence, and one year on any subsequent occurrence. If a driver has a BAC of .08 or above, driving privileges can be suspended for one year.
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DUI Diversion
If you have never been convicted of DUI nor participated in a prior DUI diversion program, and you were not involved in an injury accident, you may be eligible to participate in a DUI diversion program. Diversion is essentially a contract between the prosecutor and the person charged with DUI in which the person charged gives up his or her right to a speedy trial and his or her right to a jury trial in exchange for an opportunity to avoid a conviction for DUI. Under the diversion agreement, you will be required to pay a fine; attend an alcohol and drug safety action program or treatment program, or both; use no alcohol or drugs; and fulfill whatever other terms and conditions the prosecutor requires. If, at the completion of the diversion period-usually one year--you have completed all the requirements of the contract, the criminal charge of DUI is dismissed. If you do not successfully do all that is required of you under the contract, your case will be placed back on the trial docket, the criminal case against you will be reinstated and your trial will be conducted on stipulated facts
- Gregory Bernhardt:
Too many people plead guilty to a drunk-driving charge without talking to a lawyer first. They think they have no defense, or that it is not worth the cost of an attorney. If they knew the true cost of a DUI over time, they would understand that it is always worthwhile to bring a defense.
¥ Did the police have a good reason to pull you over?
¥ Did they have cause to give you a sobriety test?
¥ Did they administer the test correctly?
- Cummings & Cummings:
€ Our criminal defense attorneys handle traffic violations, DUI, drunk
driving, possession of controlled substances or any other drug charge,
theft, fraud, assault, battery, violent crime, and all felonies and
misdemeanors.
7 Common Mistakes by DUI Defendants
1. Failing to request an administrative hearing regarding their driving privileges within 10 days. Failure to do so in Kansas will result in an administrative suspension of your driving privileges of at least 30 days, and in some cases a permanent suspension.
2. Answering law enforcement questions after arrest. After an arrest you have the constitutional right to remain silent, exercise the right.
3. Failing to apply for diversion within application period. First time offenders are eligible with some exceptions for DUI diversion in most Kansas jurisdictions. Diversions in most instances prevent you from serving jail time and may not affect your insurance premiums in the same manner as a DUI conviction. Applying for diversion does not preclude you from fighting the charge if you wish.
4. Failing to request additional testing as is your right pursuant to KansasÕ Implied Consent law, K.S.A. 8-1001 et seq. Why? Law enforcement officers often ignore the request, which if proven in court prevents the admission of the breath test result.
5. If a previous DUI conviction is more than 5 years old then it will not count as a previous conviction. WRONG. The State of Kansas will look back over your lifetime to determine how many previous DUI convictions there are.
6. You will receive only the mandatory minimum if convicted. False. Many judges, especially judges who face elections, wish to appear tough on DUI offenses and hand out maximum penalties rather than mandatory minimums especially to repeat offenders..
7. You will be able to have your DUI conviction expunged. The Kansas legislature has amended the expungement statute and no longer permits the expungement of DUI convictions.
- Gary Owens:
DWI/DUI means "driving while intoxicated" or "driving while under the
influence" and refers to the crime of drunk driving. This crime usually
includes driving while abusing drugs and the operation of other kinds
of motorized vehicles, such as boats. Drunk driving is defined by each
state's criminal code.
challenging these cases on grounds such as:
* Lack of probable cause
* Illegal search and seizure
* Improper arrest procedures
* Improper blood-alcohol testing procedures
* Defective testing equipment
Whether this is your 1st, 2nd, or 3rd offense, Kansas DUI laws and penalties are tough and refusing to submit to a breath test results in an automatic one year driver license suspension. In addition, Kansas used to consider only those DUI convictions occurring in the previous five years for sentencing purposes. However, it now allows prosecutors to consider DUI convictions that occurred any time during your lifetime.
This means that even if your first two DUI convictions occurred more than twenty years ago, you are eligible for felony DWI charges in your current case.
- James Thompson:
The
Standardized Field Sobriety Test (SFST) is a battery of three tests
which are supposed to be administered and evaluated in a standardized
manner to obtain validated indicators of impairment and establish
probable cause for arrest.
The three tests of the SFST are:
- Horizontal Gaze Nystagmus (HGN),
- Walk-and-Turn (WAT),
- and One-Leg Stand (OLS).
These tests are supposed to be administered systematically and
evaluated according to measured responses of the suspect. If
officers deviate from the standardized testing methods the validity of
the tests are compromised.
Horizontal Gaze Nystagmus is an involuntary jerking of the eye that occurs naturally as the eyes gaze to the side. Under normal circumstances, nystagmus occurs when the eyes are rotated at high peripheral angles. However, when a person is impaired by alcohol, nystagmus is exaggerated and may occur at lesser angles. An alcohol-impaired person will also often have difficulty smoothly tracking a moving object. In the HGN test, the officer observes the eyes of a suspect as the suspect follows a slowly moving object such as a pen or small flashlight, horizontally with his or her eyes. The examiner looks for three indicators of impairment in each eye: if the eye cannot follow a moving object smoothly, if jerking is distinct when the eye is at maximum deviation, and if the angle of onset of jerking is within 45 degrees of center. If, between the two eyes, four or more clues appear, the suspect likely has a BAC of 0.08 or greater according to the National Highway Transportation Safety Administration.
IN KANSAS, THE HORIZONTAL GAZE NYSTAGMUS (HGN) IS USUALLY NOT ADMISSIBLE IN COURT TO PROVE A PERSON WAS DRIVING UNDER THE INFLUENCE OF ALCOHOL BECAUSE THE PROSECUTION TYPICALLY FAILS TO LAY A PROPER FOUNDATION FOR THE TEST.
- Syrios Law Office:
While laws and law enforcement are necessary for the protection and
stability of society there must be checks and balances. Police and
prosecutors must be held to a strict burden of proof. It simply comes
down to the principle that the end does not justify the means.
- Verlin Ingram:
Do not plead guilty to any DUI or other traffic violation occurring in
Wichita, or in cities located in Sedgwick County, Kansas or the
surrounding areas ...
- Hulnick Law Offices;
In Kansas, the charge of Driving Under the Influence of Alcohol or
Drugs (DUI) means that you operated or attempted to operate a vehicle
when, because of the ingestion of drugs or alcohol, you were incapable
of safely doing so. This incapability may be shown either by proving
that your blood alcohol level was .08 or above, and/or from other
evidence, such as poor performance on field sobriety tests, poor
driving skills, your physical appearance, and statements that you made
to the officer.
- Jon Womack: The
U.S. Supreme Court has generally interpreted the Fourth Amendment
prohibition against "unreasonable searches and seizures" to impose a
warrant requirement upon police officers who wish to perform a valid
search or arrest. However, the Court has carved out some exceptions to
the warrant requirement, which make certain "seizures" constitutionally
permissible in the absence of a warrant. ¥
- Falk & Owens:
1. Right to an Attorney - Defendants have the right to an attorney
throughout legal proceedings. The court will appoint an attorney for the
defendant at no charge if they cannot afford to hire one. Yet, at the end of
the case, they may be asked to pay all or part of the cost for that
attorney, if they can afford to.
2. Right to a Jury Trial -
Defendants have the right to a speedy, public jury trial. At the trial, the
defendant is presumed innocent, and cannot be convicted unless 12 impartial
jurors are convinced of the defendant’'s guilt beyond a reasonable doubt.
3. Right to Confront Witnesses
- Defendants have the right to confront and cross-examine all witnesses
testifying against them.
4. Right Against Self-Incrimination
- The defendant has the right to remain silent and not incriminate
themselves, and the right to testify on their own behalf.
5. Right to Produce Evidence -
The defendant has the right to present evidence and to have the court issue
a subpoena to bring into court all witnesses and evidence favorable to them,
at no cost to them.
- Coombs & Durrett: Every state makes it a crime for a
driver to operate a vehicle (car, motorcycle or commercial vehicle)
while under the influence of alcohol or drugs. Commonly called driving
under the influence (DUI), this offense may also be called driving
while intoxicated (DWI), operating under the influence (OUI) or
operating a motor vehicle intoxicated (OMVI). There are two situations
when a driver can be arrested and convicted for DUI: 1. When the driver
is unable to operate a vehicle safely as a result of being impaired by
alcohol, illegal drugs, prescription medications (e.g., painkillers) or
over-the-counter medications (e.g., antihistamines); or 2. When the
driver is operating a vehicle above the state's set blood-alcohol
concentration (BAC) standards.
A driver's first DUI conviction is normally charged as a misdemeanor,
but may increase to a felony in some states if someone was injured or
if it is a repeat offense. For example, DUI may be charged as a felony
in California if the accused has three or more prior DUI convictions.
- David Leon:
Officers employvarious methods of analysis to determine
sobriety,including requiringsuspects to walk a straight line,
touchtheir nose, recitetheir home address and submit to blood, urine
or breath analyses. However, the debate continues as to whether police
officers should be permitted to determine a suspect's intoxication.
Proponents of officer testing argue that due to the epidemic nature of
alcohol-related highway dangers, officer testing is necessary and
sufficiently reliable.
- McDowell Chartered:
DUI & Traffic Matters Unfortunately, even the most careful driver,
whether 16 or 65, will occasionally get a traffic infraction. Whether
it's speeding or DUI, traffic matters can wreak havoc with your
schedule and your driver's license.
- Fischer & Putzi:
Dealing with a criminal charge is never easy, and it is often
frightening. You need a lawyer with knowledge and experience who will
protect your rights. We defend clients on every type of criminal
charge, including domestic violence, white collar crimes (fraud),
narcotics, juvenile offenses, sex crimes, homicide, and DUI/DWI.
- Jay Greeno: Police officers and other government employees
are required to follow certain rules when they obtain evidence from you
to be used at your trial.¥ These rules are found in the 4th Amendment
to the U.S. Constitution, and in the many Supreme Court cases
interpreting the constitution.¥ If the police do not follow these
rules, any evidence they obtain cannot be used against you in court.
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