Monthly Archive for October, 2009

Common Misconceptions of a DUI Conviction

The consequences of a DUI conviction are often misunderstood. The court penalties vary from state to state but generally include one or more of: driver’s license suspension, fines, enrollment in an educational course, and community service. Beyond these initial penalties, however, a DUI also goes on your publicly accessible records. If you have recently been charged with a DUI, you may want to talk to a DUI defense lawyer about your defense options to avoid a recorded conviction.Record of Your DUIThere are many misconceptions surrounding where your DUI is recorded and how long it stays on record. Here is some basic information about DUI charges and your record to help you sort fact from fiction: A DUI appears on your driving record with the DMV. A DUI is a crime and therefore appears on your criminal record. Criminal and driving records are public and can be accessed by others, including potential employers and schools. A DUI charge does not disappear after a certain number of years. It stays on your criminal and driving records indefinitely, unless you have it expunged. Insurance companies will likely raise your insurance rates or drop your coverage if you have a DUI on your driving record. Consulting with a LawyerA DUI charge can negatively affect you long after you have been convicted and completed your court sentence. If you have been arrested for a DUI, you should know that it is not guaranteed that you will be… Continue reading

Arizona DUI Defense

Contrary to what you might think, an Arizona DUI (driving under the influence) is not an open and shut case. If you hire a good lawyer, decisions can be overturned. Keep in mind that you are not presumed guilty when you are arrested for DUI. A good attorney can put together a solid defense case that can protect you from a drunk-driving charge.For example, the arresting officer must read you your Miranda rights. If the officer fails to tell you that you have the right to remain silent and the right to a lawyer, your case could either (a) be dismissed, or (b) all statements made following the arrest can possibly be suppressed. It is important to tell your lawyer everything that the arresting officer did or said when you were arrested. Small details can help your attorney build your case.Your attorney can likewise prove that the officer had no reasonable cause to stop your vehicle in the first place. If you were not driving the vehicle when the officer stopped you, your lawyer can likewise argue that you were not in “actual physical control” of the car, and your case may be dismissed.You can lessen the negative impact of a DUI by seeking the help of an experience attorney who can protect you against the strictest tenets of the Arizona DUI law. Keep in mind, however, that serving time in jail for DUI is mandatory; so don’t expect to evade this… Continue reading