Posts Tagged ‘dwi lawyer’

Necessary Information To Stay Away From Bad DWI Attorneys

May 6th, 2011

When looking for a DWI lawyer, spend the same amount of time in that search, as you did when you searched for a hair stylist.

Many individuals will drive across their city and back looking for the right hair stylist. Other people spend hour upon hour reading consumer reports learning about automobiles prior to buying a new car. Most people will learn and study things like hair salons and cars, but often these same people will retain the cheapest lawyer having conducted no research whatsoever. When looking for a lawyer, others will ask their friends, hiring their friends lawyer with no second thought. The problem with this is that out friends may not be in the best position to know whether an attorney was actually effective defending a DWI. When you look for a DWI lawyer, spend time and energy doing research, and decide on an attorney based on his or her training and experience not their price. I work defending Missouri DWI cases, and I think people could enjoy much better outcomes on their cases, if they simply spent a small amount of time making sure their Missouri DWI lawyer had the necessary skills.

Make sure to ask any DWI lawyer that you may hire whether they have experience defending DWI cases from arrest to trial.

I will often tell people that many attorneys will spend their entire career practicing law and never do a jury people. When I say this, people are shocked. There is an idea out there that law school teaches lawyers how to do everything a lawyer would ever have to do, and that is simply not the case. There is no better teaching on how to do a trial, than experience. However, while most lawyers will never do a trial, even fewer will defend a person in a DWI jury trial. Make sure that you are hiring an DWI defense attorney in your state that has experience defending DWI cases at trial in that state. I have defended countless Missouri DWI charges, and I hate to see people facing DWI charges where they have hired an attorney that is incapable of mounting any serious defense.

You are worried that hiring a professional DWI defense lawyer is expensive. Try hiring an amateur.

In order to properly defend a DWI charge and attorney must be have knowledge and understanding of police training, biology, and the scientific method. Getting access to this knowledge is not cheap, so a good lawyer must recoup his cost in his fees. Effectively defending a DWI charge is among the most difficult assignments in criminal defense. You would not hire an lawn care company to fix your siding, so why would you hire an general practice attorney to defend your DWI case. I practice law as a Missouri DWI lawyer; I have spent thousands of dollars gaining the advanced knowledge and training that allows me to assert the most current defenses to DWI. When you are thinking of hiring a DWI lawyer, ask that lawyer what DWI seminars that have attended and what seminars they plan on attending.

Avoid lawyers that make promises, and understand limitations of even the best lawyers.

Unfortunately there are attorneys that continue to cause our profession to have a bad name. One of the ways they do this is by charging small bills, making huge promises, and not delivering. However, once a lawyer like this is paid, what is a client’s recourse? A client has very little recourse. If you interview an attorney and he or she says your case is simple to win, then request that the attorney put that promise in writing. Not even the best DWI defense lawyers will guarantee any particular result. With regard to Missouri DWI allegations, and essentially DWI allegations in any location, results will vary widely based on the facts of the case and upon the local customs.

The author of this article, David Brengle, has spent his entire career in the defense of the Constitution and people accused of crimes. If you have interest in learning more about Missouri DWI charges or if you would like to contact a quality Missouri DWI lawyer, then go to www.dwilawyermissouri.com.


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What A DUI Attorney Would Tell You About Field Sobriety Tests

September 8th, 2010

Field sobriety tests. Everyone knows what they are, but few people know much more than that. Standardized field sobriety tests (by the NHTSA) include the horizontal gaze nystagmus test, one-legged stand test, and the walk-and-turn test. Often times, the administering police officer will add some non-standardized tests to the mix.

But what is more important than the type of test given is the purpose for which the test is given. To understand field sobriety tests, you have to know what they are meant for. They are not “tests” in the traditional sense, meaning that you can’t “pass” these tests. They are meant to test whether you are too impaired to drive safely.

Before I go any further, this article is not, nor is it intended to be, legal advice. If you need a DUI attorney, you should contact a lawyer who is licensed in your specific state.

While field sobriety tests are administered every day to determine whether people are too impaired to drive safely, they are inherently unfair. There are so many reasons, independent of alcohol, as to why a driver might perform poorly on these tests. What if the driver is tired? What if the driver is simply uncoordinated? What if the driver is distracted by something else in his or her life?

In addition to all the variables, these tests are usually performed at night under pressurized circumstances on the side of the road. Even the most sober person in the world will have trouble in this environment.

Finally, field sobriety tests (and how the driver fared) are completely in the eye of the beholder. The beholder in this case is the police officer. Whatever he or she says with respect to how you performed is likely not to be questioned.

As a DUI attorney, I am happy when a new client tells me that he or she did not take field sobriety tests after being stopped for suspected DUI. This makes my job a little bit easier (of course, there is usually that pesky breath machine to deal with as well), because the field sobriety tests are designed for the driver to fail.

There are two more things to realize about field sobriety tests. The first thing is that they are usually optional. Find out whether this is the case in your jurisdiction. The police officer will rarely tell you that. If the officer is asking you to take field sobriety tests, he or she has already likely smelled alcohol on your breath and is going to arrest you. Don’t give the state more evidence.

The second thing is that field sobriety tests are not an exact science. Often times, the police officer will not have followed the proper procedure. In other words, the evidence produced as a result of taking the tests is defensible.

For more information on DUI, or other traffic-related offenses, take a look at the traffic attorney blog, written by a DUI attorney.


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A Discussion Of The Controversy Surrounding The Intoxilyzer’s Reliability And Accuracy

July 5th, 2010

Supporters of the Intoxilyzer will say the machine will only absorb alcohol and nothing else. Having said that, opponents of the Intoxilyzer say that the it frequently misreads other sorts of frequently found elements in human breath and incorrectly shows high readings saying that they are from alcohol.

Of particular importance here are the following points. First, the Drunk driving alcohol concentration law states a person is drunk when he has a.08 in his breath, although it does not say.08 by breathalyzer. This fact implies that no judge or jury is either expected or obligated to believe that an Intoxilyzer result of.08 or more is accurate or dependable.

Second, the manufacturer will not permit anybody outside of law enforcement to test the machine’s accuracy or dependability. It is commonly believed that for a method to be established as legitimate and reliable in science, it must be offered to the scientific community for assessment. This is not the scenario with theIntoxilyzer.

Third, the producer says it won’t warrant the Intoxilyzer to be fit for any particular purpose, an implied admission by the manufacturer that its machine is not actually guaranteed as precise and reliable for breath testing.

Fourth and last, the Intoxilyzer’s operating design is built upon the presumption that every person tested is exactly the average individual. All people are not exactly average! Human beings come in various sizes, weights, ages, and vary in muscle size, lung capacity, alcohol tolerance, temperature, hematocrit level (volume of solids in the blood) as well as blood/breath proportion (the amount of times an item shows up in the blood vs. the number of times the same item is found in the breath). Automatic and unknown mistakes can be illustrated by just having the person tested not be exactly average. In connection with this, it should be mentioned that Intoxilyzer assumes a blood/breath proportion of 2100/1 (2100 parts of alcohol in the blood for every 1 part of alcohol in the breath) for every individual tested. Here, it should be noted that a vast majority of persons have a blood/breath ratio of 2100/1 or higher. Persons with a blood/breath proportion higher than 2100/1 will not be prejudiced by Intoxilyzer’s assumption. However, persons with a decreased blood/breath ratio will be prejudiced because the Intoxilyzer will erroneously report too high an alcohol concentration result and can bring about somebody who ought to test a.04,.05,.06, etc. to actually check out at.08,.11,.12, etc. Of unique relevance here is the fact that scientists have recorded persons with blood/breath ratios as minimal as 1100/1.

Additionally, given that the Intoxilyzer is designed, serviced, and handled by humans, it is subject to human errors just like any other machines.

The above facts conclusively illustrate that the Intoxilyzer, even if it is properly working and is being carefully operated, because the person being tested is not exactly average, can label an innocent individual as guilty.

Understanding your rights after a DUI arrest is important. Speaking with a Collin County Lawyer is a great first step at finding out what your options are. A qualified NJ Criminal Defense Attorney can help clarify your legal issues and choices.


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Getting Arrested For A DWI And What Can Happen

May 3rd, 2010

He had gone to a soiree with his employer and had too many drinks. Once it was time to exit the get together, he recognized that he had consumed a great deal of alcoholic beverages however he was certain that the brief travel home would be uneventful. Hence, instead of contacting a ride, he got behind the wheel of his car and commenced his drive. As with nearly all people who drive drunk, his senses were impaired and in just a couple minutes, he had ran into a parked vehicle. On the plus side, no one was in the vehicle when it took place, nevertheless the effects and the harm to his life were irreparable.

The Results of a DWI

Once the officers stopped him his blood alcohol level was 0.2, way over the legal limit of .08 and so after being arrested, and confessing his remorse, he was soon sentenced for his crime, only to discover that things were likely to be much tougher than he estimated. Not only did he need to serve weekend time for his drunk driving conviction, but also in addition, his career was at risk and his license was suspended for a year.

An Error in Judgment

Despite the fact that the individual in the above example was essentially an responsible person, he like so many people who drive after drinking, basically didn’t comprehend how harmful it can be. Now, he was confronted by the embarrassment of acquiring a record and losing his occupation as well as his driver’s license, all simply because he exercised poor judgment when getting behind the wheel of his vehicle just after drinking. Each day, this exact same type of event transpires with thousands of people who without contemplating put their livelihood and the lives of others in jeopardy. Not only can life grow to be a tragedy when drinking and driving, but furthermore the mental, physical and financial harm because of one experience of driving under the influence is unbelievable. A Driving under the influence not only has an effect on the life of the particular person who was drinking and driving, but it has consequences that affect the lives of all the individuals who rely on the person who committed the Driving under the influence. In addition to the threat of prison time, loss of a driver’s license and perhaps all driving privileges, other results include a huge increase in insurance if not cancellation, huge penalties, the potential loss of a career and the humiliation of a record.

The Cost of Drunk driving

Regardless of how much you may think that drinking one or two beverages before driving is fine, if you have an accident and are charged with a DWI, the effects may be really severe. The risks are far too great and the harm you can do to your life is simply not worth it. A Driving under the influence conviction may disappear after a few years, but a Driving under the influence criminal record may stay on your record forever. If you plan on drinking, be sure to give your keys to someone before you even start.

If you or a loved one has been arrested for a DWI, get this Free San Antonio, TX DWI Law Firm Guide. It will provide additional information about San Antonio, TX DWI’s to be aware of.


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When Have I Had Too Much To Drink By Law?

April 27th, 2010

At what point is a driver of a car deemed to be legally inebriated?

Although state impaired driving regulations differ, you are thought to be legally drunk with a blood alcohol content (BAC) of .08% or greater. Alcohol influences every person differently, but a lot of individuals might be deemed legally intoxicated after just ingesting a couple of drinks. Typically, a 185 lb guy could be over the BAC lawful max after having 3 or 4 beverages, while a 125 lb woman could be thought to be unlawfully drunk after only 2 or 3 beverages. For individuals who never drink alcohol, even one beer could lead to impairment ultimately causing a DWI.

Of course, how quickly the alcohol is consumed, whether or not the man or woman drank on an empty stomach, whether or not other drugs are being taken, how frequently the man or woman drinks, and other components greatly affect how the body processes alcohol and therefore the blood-to-alcohol content ratio for that individual.

What happens when somebody is arrested for driving while intoxicated?

Being arrested for a DWI is an experience nearly all of us try to avoid. In connection with getting arrested on charges of drunk driving, you’ll very likely be searched by the police, your automobile will get towed and you’ll be transferred to jail where you’ll be “booked.” You might be set in a “drunk tank” with other alcohol or drug impaired arrestees. In spite of being under the influence of alcohol, try to be as courteous and peaceful as possible. You could manage to get out of jail within a few hours of your arrest, possibly by posting bail.

If not, then you can request the judge to discharge you at your first hearing. Get in touch with an attorney immediately or ask a friend or family members help to do so. The legal professional can guide you through the legal procedure, as well as support you with any corresponding DMV hearings which may be expected. You’ll not only need to come to terms with the criminal fees and penalties, but also with suspension of your driver’s license and possibly civil lawsuits if anyone was injured in connection with your drunk driving.

Being arrested for a DWI is a situation all of us try to avoid. However, if you have been arrested, speaking with a DWI Attorney San Antonio can help. Talking with an experienced Boerne DWI lawyer will help you to understand your rights and the potential consequences of your situation.


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5 Common Myths About DUI and DWI

February 10th, 2010

What follows are 5 misunderstood aspects of DWI and DUI. By understanding the facts, you can make more informed decisions:

1. Loading your mouth with pennies before the breath test will help you pass. A rumor has floated around that if you suck on pennies before you take a breathalyzer, you will be able to pass the test. Let’s put this one to bed real fast, it is patently false that sucking on pennies makes any bit of difference.

2. A breath test is taking a measurement of my blood alcohol level. This is false. What a breath test is doing is estimating the amount of alcohol in your breath. Many people confuse this as to what your blood alcohol level is. This can only be found by taking a blood sample, the breathalyzer is simply an approximation of the alcohol in your system.

3. Ingesting caffeine or rubbing cold water on my face will make me sober. No, this will either make you more awake and drunk or wet and drunk. Neither of these things will get you any closer to sobriety. The only path to sobriety after you’ve been drinking is time. You need to wait it out.

4. A breathalyzer is an exact reading. A breathalyzer test is more of an approximation than an exact reading. In fact, there are several different things that can reduce the accuracy of a breathalyzer reading. For example, diabetics with Hypoglycemia or eating fruit shortly before a breathalyzer can influence the results. It’s best to understand that this is a good indicator, but not a 100%, full proof measurement.

5. Any type of lawyer can handle a DWI charge. DWI is a charge that needs to be taken very seriously. It is an area of the law where someone with experience handling DWI’s can help resolve the matter in a way that is best for you. The repercussions of a DWI are serious and can include loss of your drivers license, probation, and even jail time.

If you are up against criminal charges for a DWI, you are trying to figure out what to do. Instead of guessing about what course of action you should take, talk to DWI attorney San Antonio about what to do. Speaking with a DWI lawyer San Antonio can help bring resolution to your issue.


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