DUI Lawyers

Insurance and DWI

A charge under Driving while Intoxicated (DWI) offense results in a serious impact on the automobile insurance. A DWI conviction generally leads to a rise in insurance premiums. This increase depends on two factors, firstly, the insurance company should know about the DWI conviction and secondly the related DWI insurance rules pertaining to the insurer.

DWI insurance is a must for car drivers, hence it becomes important to get professional advice when charged with DWI offence.

Insurance Regulation on DWI Conviction

* Drivers charged with DWI conviction should be ready for a rise in insurance premium which would range from 70% to 280%. Previous driving records and DWI convictions decide the rise in insurance rates.

* The insurance companies come to know about such DWI conviction by running through the driver’s DMV records. It happens mainly in case of new applicants. Details pertaining to existing clients depend on the frequency of verification by the respective insurance company.

* Any alcohol related conviction is treated similarly for the purpose of insurance.

* After a DWI conviction, while some insurance companies retain the drivers at an increased premium others do not renew the policy at all; under such circumstances the state fixes the insurance premium and the insurance company for the respective drivers. This is called a risk pool.

* The alcohol counseling program ‘Defensive Driving Course’ offered by the National Safety Council alone is recognized for reduction in insurance premiums.

* The insurance companies are required to consider the conviction for not more than 39 months.

* Where an accident has taken place, the driver is required to inform the insurance company regarding the accident and any alcohol related offence committed. There is no contractual obligation on the part of the client to report a DWI conviction to the insurance company.

As compared to the other drivers, a commercial driver has a greater responsibility on the road. He has to drive heavier and huge vehicles and it is his duty to drive carefully. A single slip on his part and dozens can lose their life because of the destruction these vehicles can cause. This is why the Blood Alcohol Content (BAC limits) of these drivers is very strict.

DWI Laws for Commercial Drivers

If these drivers are caught with a BAC of 0.04 or more, then their driver license will be revoked for one year. If they are driving a vehicle with hazardous materials placard, then this one year punishment can extend to three years. If they are convicted for the second time, their driving license will be revoked for lifetime. This law is not fixed and changes between states and even between countries. Some places have the ‘Zero Tolerance Law’ for commercial drivers too. If they have a BAC of above zero, then they can be charged for DWI and suitable action may be taken.

Vehicular safety for Commercial Drivers

It would be a good idea if all the commercial drivers’ vehicles have the “ignition interlock” system. This device connects to the motor vehicles ignition system and measures the alcohol content in the breath of the driver. Unless and until, the driver provides a proper sample breath, the vehicle cannot be started. If the government makes this compulsory for all commercial vehicles, all major accidents can be prevented. The major losses of life and property due to DWI can also be avoided.

DWI Laws and Commercial Drivers

Though organizations like MADD (Mothers against Drunk Driving) are campaigning for such a change in the society but it is not known when it will come into force. Till then, all commercial drivers should be informed that they should not drive a vehicle for at least 12 hours after their last drink. And, remember, if you hold a CDL, you have to consent to chemical testing by the police at any time. You do not have any choice. Be cautious and take care of your CDL. Never mix drinking and driving.

Woman arrested in New Port Richey, FL for DUI fights with members of the Pasco County Sheriff’s office.

DUI checkpoint Lake Pleasant Memorial Day

DWI Defense

Driving While Intoxicated or Driving While Impaired (DWI) is a serious offence under the US driving laws. An appropriate choice of DWI defense will not only save you from the tangles of a DWI offence, but also your future.

As pointed out not any lawyer, but only the right DWI defense lawyer can be successful in relieving you from the charge. Hence, have in mind the following tips before hiring defense.

* Choose a lawyer who specializes in DWI defense cases. Devoting most of his time in DWI practice, he provides a tailor made strategy for your acquittal.

* Ensure to choose a lawyer with whom you share a comfortable and cordial relationship. This is essential for a smooth proceeding.

* A lawyer who carries out most of his practice in the court where your case is under hearing could prove to be your advantage, for his well versed knowledge, in and out of the court room.

* Familiarity and up to date knowledge with the DWI laws and amendments is very essential for a successful defense in the light of the new provisions and practices.

* It is important to get references about the defense lawyer. A good reference will speak for itself in handing over the case.

* Meeting a lawyer or an attorney face to face is important. Never appoint an attorney over phone.

* Be cautious where the defense lawyer appointed promises you the outcome of the case or is too good to be real. Cases where you are forced to decide upon his/her appointment, on the spot should be avoided.

* Hire a defense lawyer with the best of credentials and who answers all your queries without hesitation.

* Study the experience of the defense lawyer with his success percentage and his confidence in handling cases.

* Be sure the defense appointed protects your right and interest at every stage of the proceeding.

Legendary football star Bruce Smith is arrested for speeding and driving drunk.

Bruce Smith, who is a NFL Hall of Famer, has been arrested. Smith was arrested on suspicion of DUI in Virginia Beach. Police found Smith speeding on early Friday morning at 1:42 am.

Smith refused to take a breathalyzer test and he was charged for this refusal. Smith was allowed to post bond and he was released. This is Smith’s third arrest for DUI. Smith was dismissed on his first DUI charge. Smith was acquitted on his second DUI charge. What will happen on this third charge?

Smith released a statement:

“I regret the events that took place on May 14. I apologize to my family, friends and fans. I acknowledge my responsibility as a role model, and drinking and driving under any circumstances is wrong. I plan on taking steps to ensure that this never happens again.”

If by any chance you are convicted of (DWI or DUI) Driving While Intoxicated, you need to give a breathalyzer test even before calling in your DUI attorney. Given are the important points you should know before it is too late.

1.    It is important to know the laws of the state before refusing the breathalyzer test because some states impose severe punishments for refusing the test than failing it.

2.    Keep track of the number of drinks you had before driving. Less than two drinks in four hours you are well within the limit. It takes one hour to process 025% of blood alcohol consumed. Hence one drink an hour is a safe bet.

3.    A diabetic with a low blood sugar should not prefer taking a breath test. A low blood sugar condition produces acetone in the body which is reported as alcohol by the breathalyzer equipment.

4.    If you are in a low carbohydrate diet regime or if you did not eat for a while you should avoid the breathalyzer test because such a situation could cause a low blood sugar level which in turn will increase the count in the breathalyzer test as detailed above. Even in the case of a normal individual with a perfect health, consumption of very low quantities of alcohol could cause a low blood sugar level, hence should avoid breath test.

5.    If you prefer to smoke before a breathalyzer test just to smell differently. You are under serious trouble as smoking can increase the result considerably.

6.    If you have burped or belched before taking a breathalyzer test you could better avoid the breath test, the reason being you breathe the alcohol from your stomach into the throat and cavity which will stay for 20mins, thereby a breath test will show high counts.

7.    When you notice an officer coming towards you do not go for a mouth wash or a breath spray, they contain a noticeable amount of alcohol in it, and creating mouth alcohol which will remain for 20mins showing the test results at high levels which is not true may be.

8.    Blood alcohol content is very much dependant on your weight and height. One should be aware of the same before a breath test.

9.    Perform the entire test like walking straight or touching your nose with your finger, other than breathalyzer test avoiding them as much as possible.

10.    If you intend to refuse the test and go for an appeal, do it by simply saying a no.

There will be several issues which you have to deal when it comes to DWI issues, mainly understanding your rights.  keep in mind that what ever you do or say is used in the court against your self. being polite and answering politely will help you and makes you 50% out of the DWI Case. Law enforcement will have several question which seems to be harmless, but be cautious while you talking to them.

Taking The Services Of A DWI Lawyer

You need to take the services of an experienced and highly qualified DWI lawyer that is aware of all the rules and regulations applicable in your state. If you manage to find a right kind of DWI lawyer, you will not face a suspension of your driving license. Further, you do not need to spend your time in jail as you will get the bail straightaway in a first hearing. Read the rest of this entry »

Hopefully you will never need the services of a DUI attorney. Unfortunately, many people end up making stupid mistakes like driving drunk every year in the United States and around the world. When caught doing so they will need the help of a DUI attorney.

However, before I recommend what you should look for in your lawyer I must say one word of warning. If you have driven drunk, whether or not you have been caught, Read the rest of this entry »