You have a lot of questions and rightly so. You want to know what to expect. What will be the next step? How long will this process take? What will all this cost? How serious is your case? Legal issues can be complicated and quite serious. During this chapter of your life, a qualified attorney who is attentive to your needs can be the difference between more complications, or success.

Driving under the influence of alcohol or drugs

Driving under the influence of alcohol and/or drugs is a complicated offense that can land you in jail and stay on your criminal record for a long time. If you find yourself in a situation like this, immediately contact our DUI lawyers at Valera Díaz & Associates. We have the legal team, experience, and investigators trained to defend you at every turn.

How does law enforcement determine if someone is driving under the influence of alcohol and/or drugs (DUI/DWI)?

In order for the police to prove that a person is driving under the influence of alcohol and/or drugs, they have to:

  • The officer makes an immediate determination based on your demeanor, your appearance, and how you interact with the officer (i.e. respond to basic questions, your facial expressions). 
  • Next, officers will typically administer a breath test that shows whether the person has a high percentage of alcohol or drug concentration in their blood. In most jurisdictions, to be considered beyond the legal limit, you must have more than 0.08% blood-alcoholic level.

Also, remember that patrol officers at DUI checkpoints are authorized to check if any driver is driving under the influence of controlled substances. Open alcoholic containers inside the vehicle are also prohibited.

What is the difference between driving under the influence of alcohol, and driving drunk?

Driving under the influence or drunk driving really mean the same thing, they are both considered a criminal offense.  However, there are some distinctions which can lead to different sentencing, depending on the jurisdiction. For example, the distinction may be that while your blood alcohol level did not exceed the legal limit, you may still be determined to have been impaired. But again, this distinction depends on the jurisdiction you find yourself in.

What are some of the consequences of being convicted of a DUI/DWI?

A first-time DUI offense is sometimes considered a misdemeanor DUI. This can result in a fine of up to several hundred dollars and your driver license suspended for one year.

A second DUI offense is considerably more serious. Often times, the offender is facing much higher fines, suspension or even revocation of driving privileges, and in some circumstances, time served in prison. For those with a second violation within 5 years or 10 years the consequences are much more serious and often include time in jail (weeks, even months) and thousands of dollars in fines.

A third DUI offense is considered a felony in most jurisdictions.  

Why is an experienced criminal defense lawyer so important?

At Valera Diaz & Associates, we have a team of legal professionals with years of legal experience in criminal and DUI proceedings. If you have been charged with driving under the influence of alcohol and/or drugs, you must act quickly. As you read this, trained professionals in law enforcement are gathering evidence to build their case against you.

As criminal defense attorneys, we have represented numerous clients facing the same situation. We have the expertise to aggressively defend you throughout this complicated and perilous legal process.

A conviction for driving under the influence also makes insurance much more expensive and can negatively affect your employment opportunities. With each additional conviction for driving under the influence, the penalties will become more severe.

Having a lawyer with extensive experience in this type of defense can make the difference in the outcome of your case. A skilled attorney will examine the evidence, the process of detaining you, and how evidence was handled.

For more information on how to help you defend against DUI charges, contact us today for a free consultation.

HIRE AN EXPERIENCED DUI ATTORNEY

Some DUI cases do not result in conviction because there was a lack of “reasonable suspicion” to pull over from the start and/or a lack of “probable cause” to continue the investigation.

Cases with legal flaws can be thrown out by a judge if the DUI attorney files and argues the proper motions. Likewise, many DUI cases have errors regarding the actual facts, because they were not properly investigated.

For example, many times on-site Field Sobriety Tests fail because the police officer gives confusing instructions or there is a language difference between the police officer and the driver, resulting in a failure of communication by the police officer, regardless of a true impairment due to drugs or alcohol.

There are countless errors that can occur in a DUI investigation. The most important thing is that you hire a DUI lawyer who knows where to find the faults and weaknesses, and use them in your favor.

If you or a loved one have been charged with driving under the influence, you need an experienced  attorney to protect your rights. We can help.