Drunk Driving/DUI - An Overview
"Driving under the influence" (DUI) and "driving while intoxicated" (DWI) are two names for the crime of drunk driving. Other statutory names for this crime are "operating under the influence" (OUI) and "operating while intoxicated" (OWI). The different names for the crime reflect differences in the state statutes that define the crime. However, all the statutes have the common purpose of punishing drunk driving and driving under the influence of illegal drugs. A conviction for drunk driving carries serious consequences, including driver's license suspension or revocation, fines, and time in jail or prison.
Accordingly, a person charged with drunk driving must not hesitate to seek legal counsel from an experienced criminal defense attorney in order to best protect his or her interests.
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Parole & Probation in Drunk Driving Cases
Parole and probation are both supervisory-type mechanisms employed in the punishment phase of the criminal justice process. Parole comes into play after a person has been imprisoned and is released. Probation, by contrast, refers to a criminal sentence separate and distinct from incarceration. Probation is the most frequent sentence imposed and typically involves releasing the convicted offender into the community subject to a list of terms and conditions. The actual terms can vary widely, based on the underlying crime, the characteristics of the offender, and the resources of the probation system. All probations are subject to a requirement that the offender refrain from committing further crimes.
Persons convicted of drunk driving may be placed on probation, or for subsequent offenses they may be given a jail or prison term and then paroled, subject to continuing supervision. Lawyers experienced in criminal defense and drunk driving law can explain the spectrum of possible punishments for drunk driving offenders and describe the differences in the possible sentences in greater detail.
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The Prosecutor's Role in a Drunk Driving Case
Prosecution refers to the government's role in the criminal justice system. When criminal activity is suspected, it is often up to the government to investigate, arrest, charge, and bring the alleged offender to trial. Prosecutors are the lawyers who work for the government and who are responsible for putting on the government's case against a defendant. Prosecutors may be called county attorneys, city attorneys, or district attorneys. The prosecutor is the opponent or "adversary" of the criminal defendant and his or her attorney; the two sides go head-to-head against each other in court. Because these public attorneys focus their energies on prosecuting criminal cases, they are generally very experienced in criminal law, and it is therefore essential that the defendant's attorney have the same advantage. Thus, in order to best preserve a criminal defendant's rights and strike a fair balance in court, representation by an experienced criminal defense attorney, particularly one knowledgeable in drunk driving law, is a must.
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Challenging the Reliability of Breathalyzer Test Results
In all drunk driving cases, the prosecution must prove that the defendant's blood alcohol concentration at the time of the offense was at or above a statutory limit. In many states, the limit is .10 percent, but in others it is .08, and there is a national movement afoot to make that the limit in all states. In order to prove the requisite level of alcohol in the blood of someone arrested for drunk driving, it is necessary to obtain a suitable sample of the arrestee's blood, urine, or hair at the time of arrest. The use of a breath test is by far the most popular scientific method for establishing that drunk driving has occurred. Some defendants, however, have been able to successfully challenge the results of such tests in court, thereby preventing a conviction. An attorney experienced in drunk driving defense law is in the best position to advise a client on whether the "Breathalyzer" test results may be subject to challenge in his or her particular case.
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The Impact of a Drunk Driving Conviction on Auto Insurance
After completing the sentence imposed by the court, the drunk driving offender is often eager to resume his or her normal life. Returning to work, school, and other activities generally requires driving, however, and driving requires automobile insurance. One of the consequences of a drunk driving conviction that many offenders may not think about until the worst seems to be behind them is the prospect of obtaining auto insurance after a conviction. An attorney experienced in drunk driving law can explain-and possibly even circumvent-the full range of repercussions that can result from drunk driving, regarding insurance and otherwise.
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