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Wakefield Drunk Driving Lawyers

1. Barabino, William: The basic breakdown of the law is provided for you below. It appears complicated and in some cases it is. Whether you're charged with your 1st, 2nd or multiple offenses, there are rights and responsibilities of the police to perform certain test and procedures in any arrest. We can analyze your case to ensure that if any plea (which is an admission of the fact before a judge) with the District Attorney it done because that facts encourage us to make a deal-and not before that moment. The first time a person is convicted of driving under the influence, he or she will face a variety of legal penalties, such as probation, monetary fines, mandatory participation in an alcohol treatment program, community service, a Guilty Misdemeanor conviction on his/her permanent record, and sometimes even jail. However, the more DUI offenses a person accumulates on his/her record, the more severe the penalties could be. 1st OFFENSE Penalties PENALTIES First Offense Incarceration: Not greater than 2 1/2 years in the House of Correction. Fine: Not less than $500, not more than $5,000. $125 Head Injury Fund, $50 OUI Assessment, $50 Victim Witness Fee, License suspension for one year: A work or school hardship consideration is available in 3 months, a general hardship consideration is available in 6 months. Alternative Disposition Probation with the entry and completion of an alcohol education program at the expense of the defendant. License suspension for not less than 45 days, not more than 90 days. The license suspension is 210 days for drivers under the age of 21. Hardship license available once the defendant is registered with the alcohol education program. Field Sobriety Tests When a police officer suspects a person is driving under the influence, he/she can conduct a serious of tests that challenge the driverŐs mind-body coordination and his/her physical agility and ability to follow instructions. These field sobriety tests help police officers gauge the driverŐs level of intoxication in order to establish probable cause forarrest. The purpose of these tests are to divide your attention in the activities you perform to gauge level of impairment. The officers will use this as evidence against you. Under the Fourth Amendment to the United States Constitution you are not required to perform the FSTs. However, if arrested you must submit to a chemical test or risk loosing your license for a significant period of time. In Massachusetts, there are three main types of field sobriety tests commonly used by law enforcement officials: * Horizontal Gaze Nystagmus Test: Driver follows an object with his/her eyes. If the driver cannot follow the object, or the eyeball jerks or twitches, then it is consider a sign of intoxication. However, Nystagmus is a medical and physiological condition that is present in some people, even if they arenŐt drunk. * Walk and Turn Test: Driver takes nine heel-to-toe steps in a straight line, turns around, and repeats the same action in the other direction. * One Leg Stand Test: Driver stands on one foot and raises the other leg six inches off of the ground while counting out loud. If the driver loses balance, hops, wobbles, or falls, then he/she is considered too intoxicated to drive a car. In addition to these tests, there are a variety of other tests police officers may choose to conduct in order to determine the driverŐs level of intoxication, such as reciting the alphabet, touching the finger to the nose, counting backwards, counting fingers, or a balancing test. If you were arrested and charged with DUI after performing one or more of these tests, itŐs important to contact an experienced DUI attorney immediately. At this point, most police officers have already decided to arrest you and are just looking for additional evidence to use against you in court. However, these tests are not 100% accurate at determining BAC levels, and are prone to error. There are many circumstances that could cause a person to perform poorly on a field sobriety test, such as: * Fatigue/Exhaustion * Illness * Previous injuries * Nervousness/Intimidation * Poor weather conditions * Poor road conditions * Traffic distractions (i.e. headlights, honking, etc.) * Age * Type of footwear * Weight * Natural lack of coordination * Natural lack of balance * Pre-existing physical or mental disability * Pre-existing health conditions