DUI Defendant Rights
As a defendant in a DUI case you have certain rights as laid down by the Fifth Amendment to the U.S. Constitution. You have the right against self incrimination. The ordinary connotation of the phrase...
View ArticleArraignment and Pretrial Motions
In arraignment, you will be produced in court to be formally charged with the crime. During the arraignment, the judge will explain the charges to you in detail. The judge will ask you to enter a plea....
View ArticleDUI Arraignment
During the arraignment, the charges are read in detail to the DUI defendant, who is asked to formally enter a plea to the charges. Never enter a guilty plea. A guilty plea will certainly result in...
View ArticleEvidence in a DUI case
A judge hears all of the factual evidence, makes evidentiary rulings during the trial and renders a verdict at the conclusion of the case. the trial begins with opening statements by the government...
View ArticleClosing Arguments
At the conclusion of the presentation of evidence, each side "rests" and closing arguments begin. Closing arguments provide an opportunity for each side to summarize and emphasize the main points of...
View ArticleProbation Conditions
Although probation conditions vary from state to state and court to court the following are typical conditions imposed upon the conduct of probationers: pay the cost of prosecution, the cost of...
View ArticleSentencing Stages
The initial sentencing stage at which a trial judge decides whether to sentence the convicted offender to imprisonment or to select an alternative mode of sentencing; if an alternative is...
View ArticleMistake
One of the basic maxims of criminal law is that ignorance of the law is no defense. This means that DUI defendants may not escape criminal liability by claiming that they did not know that their...
View ArticleYour First Steps After a DUI Stop
If you have been stopped for DUI, you should pay close attention to the surroundings and the actions of the officer who stopped you for DUI. First and foremost, do not question the officer as to why he...
View ArticlePretrial Motions
Before the DUI trial begins, your DUI defense lawyer can file pretrial motions. The number and kind of motions are limited primarily by the defense lawyer's imagination. It is not unusual for the...
View ArticlePlea Bargaining
If the evidence against you is overwhelming, you can opt for plea bargaining. However you must speak to your DUI attorney before entering into a plea bargaining. Plea bargaining can take one of several...
View ArticleTestifying in a DUI Trial
The constitutional provision in the Fifth Amendment says that no person shall be required to testify against himself "in any criminal case." As such a DUI defendant cannot be made to testify against...
View ArticleChallenging the DUI Evidence
If the blood is not collected and stored properly for the testing, it can ferment. Fermenting can result in the blood producing its own alcohol. When the blood is then tested for alcohol, it will show...
View ArticleDefending Yourself in a DUI Case
Suspension of your driver’s license can bring with it a host of problem. Even a routine activity like driving to work can become difficult. You can request for a hearing and fight the suspension of...
View ArticleDUI Field Sobriety Tests
You can legally refuse to take a field sobriety test. These tests are designed to make the suspect fail. Once the suspect fails the test, it gives the police officer probable cause to arrest him for...
View ArticleChallenging the DUI Breath Analyzer Results
There are many myths about the breath analyzer. Many self proclaimed experts will tell you that you can lower the breath analyzer reading by sucking on pennies or using mints to mask the alcohol odor....
View ArticleHow a DUI Attorney Can Assist You
Experienced and seasoned DUI Attorneys will use all their skills, expertise and knowledge to cut through the bureaucratic hurdles you may face once you are charged with DUI. DUI laws are constantly...
View ArticleDUI and Deportation
If you are an alien in the United States, a DUI conviction can result in deportation. You will be sent back to your country. Even green card holders can be sent back to their country of origin if they...
View ArticleHow a DUI Attorney Can Assist You
Experienced and seasoned DUI Attorneys will use all their skills, expertise and knowledge to cut through the bureaucratic hurdles you may face once you are charged with DUI. DUI laws are constantly...
View ArticleFelony DUI
A first time DUI offense is usually a misdemeanor offense. A subsequent DUI charges may be a felony offense depending on the state law. A conviction for a misdemeanor offense will generally result in a...
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