Springfield DUI Lawyers
- Madigan & Scott:
Q: What is "blood-alcohol concentration" or "blood-alcohol level"?
A: Blood-alcohol concentration (BAC) is the level of alcohol in the bloodstream from drinking alcoholic beverages. BAC readings are used in court as evidence in drunk-driving cases. The most common method of measure is a breath test, although blood and/or urine testing is sometimes done. A result of .08 or higher may establish a presumption of intoxication. The details of the .08 BAC presumption laws vary among the states, but all 50 states have adopted .08 as their official intoxication level, in large part because of a federal threat of otherwise withholding highway funds.
Q: Can I refuse a Breathalyzer¨ test?
A: Every state has its own version of an implied consent law providing that a driver impliedly consents to alcohol testing just by the act of driving. In many states, a refusal to take a breath test is itself a criminal violation subject to stiff penalties. For example, refusing a breath test might result in automatic drivers-license suspension or revocation. If you are ultimately found guilty of a drunk-driving offense, there may be additional penalties because of the test refusal, such as a stiffer sentence. Your test refusal may also be used as evidence against you in a drunk-driving case.
Q: Are breath-test results always accurate?
A: Some courts allow the defendant in a drunk-driving case to challenge the scientific accuracy of breath tests in general, whereas others may allow challenges based on the particular circumstances of a test, such as improperly calibrated equipment or inadequately trained officers. If the test results are inadmissible or can be challenged, the case will probably have to be proven based on other evidence, such as eyewitness testimony and field-sobriety test results.
Q: What if I lose my license but continue to drive?
A: If a person whose license has been revoked or suspended due to drunk driving chooses to drive without a valid license and is pulled over, he or she stands to suffer more serious consequences, including possible fines, imprisonment, forfeiture of his or her vehicle or extension of the license revocation/suspension. The more prudent course of action is to rely on friends and family for rides or use public transportation during a license revocation or suspension.
Q: How can I get automobile insurance after a drunk-driving conviction?
A: Although your rates will likely be higher, your insurer may continue to insure you even after a conviction. A subsequent clean-driving record may result in lower rates in the future. If your insurer drops you as a result of the conviction, another insurance company may be willing to accept the risk. In fact, some companies specialize in offering nonstandard insurance to drivers who have been convicted of drunk driving, but the rates are much higher. Another possible source of insurance for high-risk drivers may be state insurance programs created for just these types of drivers.
Q: What is the punishment for drunk driving?
A: Drunk-driving convictions carry serious penalties that vary some among the states. Although courts may go easier on first-time offenders, even in first-offense cases the possible sentences usually include stiff fines and jail time. If the circumstances warrant it, however, the court may choose less-restrictive options or a combination of options, including probation, diversion programs, community service, alcohol awareness education, abuse counseling, ignition interlock systems, home monitoring, suspension of vehicle registration, vehicle impoundment or in-house alcohol treatment. For subsequent offenses, the likelihood of imprisonment and the steepness of fines usually increase and in all cases the loss of driving privileges-at least temporarily-is almost guaranteed.
Q: How can I get to work if I cannot drive?
A: Many drunk-driving offenders are forced to rely on public transportation or rides from friends, family or co-workers for transportation to and from work during periods of license suspension or revocation. In some states, an offender may be granted a hardship license, sometimes called a limited license or probationary license, allowing him or her to drive just to and from work, school or medical appointments. Some states require an alcohol evaluation as part of the limited license application. If an offender with a hardship license is caught driving outside of its strict limitations, further penalties may be imposed.
Q: What is the best way to beat a drunk-driving charge?
A: The best way to avoid being convicted of drunk driving is to not drink and drive. Use a designated driver, call a taxi, call a friend or don't drink alcohol if you are going to need to drive within a few hours. For some people, even one drink can impair their driving abilities. However, if you have been charged with driving under the influence, an experienced drunk-driving defense lawyer can work to improve the outcome of your case.
Q: If I simply intend to plead guilty, why do I need a lawyer?
A: Even if you did unsafely drink and drive, experienced legal counsel may be able to help minimize your legal problems and maximize your opportunities to move ahead toward a brighter future. A criminal defense attorney helps to equalize the balance of power between the defendant and the prosecution and works to preserve the constitutional rights that are guaranteed to all criminal defendants.
- Petrovich & Walsh:
Summary of Criminal Law
There are two different classifications of crimes, misdemeanors and
felonies. A misdemeanor is any offense that is punishable by up
to a year in jail, a fine, or both. Examples of misdemeanors
include driving offenses such as reckless driving, driving under the
influence, and driving on a suspended license. Misdemeanors also
include such offenses as possession of marijuana, shoplifting, and
assault and battery.
A
felony is any offense that is punishable by more than one year in
prison, a fine, or both. Examples of felonies include murder,
rape, and malicious wounding. Felonies also include such offenses
as possession of cocaine, grand larceny, and robbery. Summary of Court Procedure
A criminal case typically begins with a complaint to the police.
The police respond, investigate, and file an affidavit with a
magistrate. The magistrate then issues a warrant, and the Court
procedure begins. After the defendant is arrested, a magistrate
will typically set a bond such as personal recognizance, a cash bond,
or a surety bond. The defendant will then be required to attend an
arraignment. At the arraignment, the defendant is informed about
the charge, provided with the next court date, and asked questions
about hiring an attorney, or if they cannot afford an attorney, asked
to complete a questionnaire for a court-appointed attorney or public
defender. If the defendant
is charged with a misdemeanor, the next court date will be the trial on
the misdemeanor charge. At the misdemeanor trial witnesses will
testify, evidence will be presented, and the judge will make a decision
on guilt or innocence. If the defendant is found guilty the
sentence will be imposed. If the
defendant is charged with a felony, the next court appearance will
usually be a preliminary hearing. At the preliminary hearing
witnesses will testify, evidence will be presented, and the judge will
determine if there is probable cause that the defendant committed a
felony. If the judge finds probable cause, the judge will certify
the case to the grand jury. After the grand jury returns an
indictment, a trial by a judge or a jury will take place. A
felony case may require a number of pre-and post-trial hearings on
issues such as the suppression of evidence or statements, the use of
evidence at trial, and the sentencing of the defendant. Summary of Evidence
In general, the common law and statutes of the state where a crime
takes place define what the prosecutor must prove beyond a reasonable
doubt to convict a person of a crime. The common law and statutes
of each state may be different, and thus federal offenses may be
different from an offense in Virginia or the District of Columbia.
The ways in which a prosecutor proves a case are controlled by the
rules of evidence. The rules of evidence may vary from one
jurisdiction to another, but essentially they all require that the
evidence be reliable, accurate, and that the evidence be obtained
without a violation of constitutional rights. Evidence is
comprised of any tangible things (including documents) or testimony
that may help elucidate what happened before, during, and after the
crime. Examples include, witnesses testifying about what they
saw; police officers testifying about was said to them; documents
explaining the results of scientific tests; videotapes showing some
action; pictures of a victim; and a weapon or object. Other Considerations
In Virginia, the criminal process is unique and favors the
prosecution. For instance, criminal defendants in Virginia
are not entitled to see police reports. In addition, discovery
(that is, the pre-trial disclosure) of evidence, witnesses, and
information that the prosecution plans to use against a defendant is
extremely limited. Virginia is also one of a small minority of
states in which the jury decides what sentence to impose if the
defendant is convicted. Criminal
charges and/or convictions have consequences that go beyond the
immediate concerns of incarceration and fines. Possession of
controlled substances and D.U.I., for example, require a one-year
suspension of a driver's license if convicted. A person convicted
of a felony does not have the right to possess a firearm, does not have
a right to vote nor even serve on a jury. An alien convicted of a
felony or crime of moral turpitude (lying, cheating, or stealing)
usually is no longer able to immigrate or stay in the United
States. A juvenile conviction for a felony can be used against
that person for sentencing purposes if the person is charged with a
crime as an adult. An adult unjustly charged with a crime that is
later dismissed will have an arrest record that is available for
inspection by potential employers unless it is expunged at a later
court proceeding. Retaining Counsel for Representation
In light of the above, if an individual is charged or
about to be charged with an offense that carries the possibility of
incarceration or loss of driver's license, it is imperative that the
services of a lawyer be retained. A person receiving a subpoena
to appear before a grand jury or as a witness in a criminal matter is
also advised to contemplate hiring an attorney; prosecutors' targets
can change quickly if questionable conduct comes to light during
questioning.
Selecting and hiring an attorney should be done without delay. As
time passes between the actual crime and a court date, witnesses become
more reluctant to speak with defense counsel, evidence changes form or
is lost, and police and prosecutors build a stronger case against a
defendant. Moreover, an attorney can advise you on whether you
should speak to the police, and be present with you when any
questioning takes place to ensure that your constitutional rights are
protected. (As a general rule, if you are a suspect or closely
connected with a crime, you should not speak with the police until you
have spoken with counsel; many defendants believe they can explain what
happened and avoid charges, only later to hear their own words used
against them.)
- Billy Hicks:
Drunk drivers kill 30,000 - 35,000 people each year. If no one was
injured as a result of your drunk driving, you should consider yourself
fortunate. How many times can a person be that lucky? Statistically, if
you have one DUI or DWI, there is a greater likelihood that you will be
arrested again, in comparison to your first arrest. If you continue to
drink and drive, prepare to get arrested again. The Virginia DWI laws
(DWI code Title 18) against drunk driving are very specific, and if
convicted, the consequences are unpleasant.
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