The Court Of Public Opinion

Across the USA, the most common crime booked in a year, by far, is DUI. Driving while intoxicated is no minor matter. A person can get anything from a warning to jail time. DUI can start as a misdemeanor and escalate into a felonious crime by degree; however, no matter what degree of culpability you face, DUI can turn your world upside-down.

Laws on the books for DUI are very clear-cut; but they are not uniform across the country. Each state has variations on DUI penalties. Most states address underage drinking very strictly, and repeat offenders very strictly. Depending on the degree of impairment, and the conditions at the scene, all states have laws that make extreme drunk driving a criminal offense and a felony.

The DUI laws have a commonality in the following areas. DWUI starts under between .08 to .10 blood alcohol levels, and then kicks into DUI at between .08 to .10 blood alcohol levels. These levels are doubly indemnifying for all drivers in the US less than 21 years of age. Depending on the state, a person may have their driver’s license suspended any length of time from seven days to three years. Fines for DUI across the country range from $250.00 to $2500.00.

Studies have shown, in the US, August is the worst month for DUI charges. It seems the ticketing level for DWUI and DUI spikes this one month of the year; even higher than during holidays. More than hard liquor and wine together, beer is drunk during summer heat, picnics, outings, sporting events, family gatherings, and vacations.

All people of drinking age must note that in some states the DUI laws apply to impaired operation of any / all motorized vehicles, boats, and bicycles. In addition, in some states, DUI laws are in effect even if you are not operating a vehicle, but sleeping or sitting behind the wheel of the parked vehicle. All have some type of open container law.

It is a vehicle operators’ responsibility to know the driving laws, in effect, in the state in which they drive. Driving laws are fluid and change with time. There is currently a trend in the US for DUI laws to be made more strict. Drinking ages have gone up while alcohol blood levels have gone down. First time offenses have gone from a warning or insignificant punishment to jail time and heavy fines across the US.

The safest way to have a good time, and drink to any degree and avoid a DUI nightmare is to drink and not drive at all, but stay where you’re drinking. On the other hand, always have a designated driver. Drinking in the US has gone from a party time to a type of Russian roulette. The DUI laws across the country guarantee, if you’re a drinker, and you drive, it is only a matter of time before you’re actually caught. The laws are definitely uniformly designed to guarantee, once you’ve faced the DUI maze most of you will never drink and drive again.

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If you have been arrested for DUI or DWI, it is obviously cause for concern?but not for despair. By hiring a quality defense lawyer who can protect your rights, there are a host of ways your case may be defendable. That?s why it would be a good idea to consider hiring one of America?s Top DUI and DWI Defense Attorneys now. Here?s a few ways our lawyers may be able to win your case. Even if your case involves a drug, drugs, medicine or alcohol, they will help.

ILLEGAL STOP OF PERSON OR VEHICLE ? a driver cannot be stopped unless the officer has a reasonable and articulate basis to believe that a traffic law or other law has been violated. Similarly, a person cannot be seized unless a violation has occurred.

WEAVING INSIDE THE LANES IS NOT ILLEGAL ? weaving without crossing any lines is not a violation of the law, and a vehicle cannot be stopped for that reason.

ANONYMOUS REPORT OF DRUNK DRIVING ? a car cannot be stopped simply because an anonymous citizen reported that the driver was drunk.

STANDARD FIELD SOBRIETY TESTING IS INACCURATE ? in healthy individuals, the one-leg stand test is only 65% accurate, and the walk-and-turn test is only 68% accurate in determining if a person is under the influence. Those persons with injuries, medical conditions, 50 pounds or greater overweight, and 65 years or older cannot be validly judged by these tests.

NON-STANDARDIZED FIELD TESTS ARE INVALID ? neither the Federal Government (NHTSA) nor medical science considers touching your finger to your nose, or saying the alphabet, or counting backwards, as valid sobriety tests.

BREATH TESTING IS INACCURATE ? virtually all experts concede that one breath test alone is unreliable. Breath testing is subject to various inaccuracies, including a variance as much s /- 12.5%, non-specificity for ethanol, etc.

BOOKING ROOM VIDEOS ? Many police stations videotape suspects at the police station, where their speech is clear and their balance is perfect, in spite of police testimony to the contrary.

IN-SQUAD VIDEOS ? more and more often, the suspect?s driving and performance on field tests is being recorded; often contradicting police testimony.

FAILURE TO PROVIDE SPEEDY TRIAL ? If a client is not provided with a trial within a certain period of time, which varies between states, through delays of the court or prosecutor, the charges must be dismissed.

POLICE BLOOD TEST INACCURATE ? Many times, police blood testing fails to follow prescribed rules of testing, analysis, or preservation recommendations.

HOSPITAL BLOOD TEST INACCURATE ? Hospital blood tests overestimate a person?s true level by as much as 25% in healthy, uninjured individuals, and are not statistically reliable in severely injured persons.

BREATH TEST OPERATOR UNLICENSED ? Most states require a Breath Test Operator to possess a valid, unexpired operator?s license, or the breath test result is inadmissible.

BREATHALYZER MACHINE MALFUNCTIONS ? Most states specify that if there is a malfunction or repair of the breath test instrument within a certain period of time before or after a suspect?s breath test, the results of the suspect?s test are presumed invalid.

BREATH TEST OPERATOR LICENSE EXPIRED ? Most states require that a Breath Test Operator must possess an unexpired operator?s license, or the breath test result is inadmissible.

BREATH TEST DEVICE NOT APPROVED ? A breath-testing instrument must be listed on the Federal List of Approved Breath Evidential Instruments and the ISP approved list of Devices, or the results are inadmissible.

FAILURE TO PROVE DRIVING UNDER THE INFLUENCE ? A defendant?s admission to driving, without more, does not prove a charge of driving under the influence.

INDEPENDENT WITNESSES ? Often times, independent witnesses to accidents, bartenders, hospital personnel and others can provide crucial evidence of the defendant?s sobriety.

FAILURE TO MIRANDIZE ? Prosecutors may not use as evidence the statements of a defendant in custody for a DUI when the police have failed to properly issue Miranda Warnings.

FIELD SOBRIETY TEST IMPROPERLY ADMINISTERED ? According to the National Highway and Traffic Safety Administration, improperly administered field tests are not valid evidence of intoxication.

OFFICER?S PRIOR DISCIPLINARY RECORD ? A police officer?s previous disciplinary record can be used to attack the officer?s credibility.

PORTABLE BREATH TEST INADMISSIBLE ? Most states prohibit the use of portable breath testing results as evidence at trial in a DUI case.

PORTABLE BREATH TEST IMPROPERLY ADMINISTERED ? The manufacturers of portable breath testing devices require a minimum of two tests to consider the results evidential in nature.

FAILURE TO CONDUCT OBSERVATION PERIOD ? Most states require that a driver be observed continuously for a minimum period, such as twenty minutes, prior to a breath test in order for the results to be considered admissible and valid.

EXPERT WITNESSES ? Expert witnesses are available to review the validity of breath tests, blood tests and field sobriety tests.

MEDICAL AND HEALTH PROBLEMS ? Medical problems with legs, arms, neck, back and eyes can affect the results of field sobriety tests. Further, other medical conditions can also affect the validity of breath test results.

BAD WEATHER ? Weather reports establishing high winds, low visibility, and other conditions are available to explain poor driving or poor balance.

LACK OF PROBABLE CAUSE TO ARREST ? A police officer must have specific and articulable facts to support any arrest for DUI, or the suspension will be reversed and the evidence suppressed at trial.

ILLEGAL SEARCH ? The police are prohibited from searching a person or the automobile for a minor traffic offense, and may not search a car without a driver?s consent or probable cause. Any evidence illegally obtained is not admissible in court.

PRIOR INCONSISTENT STATEMENTS BY POLICE OFFICERS ? Any statement made by a police officer, verbally, in police reports, or at previous court proceedings may be used to attack that officer?s credibility.

POST-DRIVING ABSORPTION OF ALCOHOL ? The prosecutor must prove the blood or breath alcohol at the time of driving. Recent consumption of alcohol just prior to driving will cause the test results to be higher than what the true level was when the person was operating the automobile.

INTERFERING SUBSTANCES ? Many items contain forms of alcohol, which may cause false results, such as asthma spray, cough drops, paints, fingernail polish. These items can cause the breath results to be invalid.

BREATH MACHINE NOT PROPERLY OPERATED ? The manufacturers of breath testing devices have specified protocols, which must be followed for a breath result to be valid. Failure to follow these requirements will result in improper readings.

FAILURES TO PRODUCE DISPATCH TAPES ? Most stops of vehicles are recorded on dispatch tapes, as well as recording police communications regarding an arrest of an individual. Failure to preserve such tapes upon request can cause all evidence, which could have been recorded to be suppressed.

MISLEADING STATEMENTS BY POLICE OFFICERS ? Any misleading statement by the police regarding the consequences of taking (or refusing) a blood, breath, or urine test will cause the suspension to be reversed and removed from the driver?s record.

STATUTES OF LIMITATIONS ? A misdemeanor charge of DUI must be filed within a certain period of time (which varies between states) of the date of offense, or the charges will be dismissed outright.

PRIVATE PROPERTY ? A person who has not driven the car on a public highway cannot be suspended for drunk driving.

FAILURE TO DISCLOSE EXPERTS ? The failure of the prosecutor to disclose the state?s expert(s) will cause those witnesses to be barred from testifying against the defendant.

LACTATE RINGERS ? When hospital staff use lactate ringers during the treatment of a patient, the hospital blood serum results will report falsely elevated, and therefore invalid, readings.

FAILURE TO RECORD CERTIFICATION TESTS ? the failure to include the value of the simulator solution used to test breath machines will cause the breath test results to be inadmissible in court against the driver.

FORCED BLOOD DRAWS ? In some states, the police may not take a blood test against the driver?s consent where there has not been an injury involved, or the result is inadmissible.

About the Author:

Donald J. Ramsell is the only Illinois DUI defense attorney to appear and argue on a DUI case before the United States Supreme Court in its entire 213 years of existence. http://www.1800dialdui.com

Ramsell also appears on ‘America’s Top DUI DWI Attorneys’, located at http://www.Americas-Top-DUI-Attorneys.com.

Donald J. Ramsell is the only Illinois DUI Attorney to become Certified in DUI Defense under the American Bar Association standards. The Illinois Supreme Court does not recognize certification in DUI Defense at the present time.

In 2004, the Chicago Sun Times identified Mr. Ramsell as one of the top 5 DUI Defense Attorneys in the State of Illinois.

In 2005, Ramsell was named by Chicago Magazine as an ‘Illinois Super Lawyer’, and was the only Illinois DUI Attorney to receivie this distinction.

In 2004, Ramsell was recognized by his peers as an Illinois Leading Lawyer in Criminal-DUI Defense by Crain Magazine. In 2006, Crain Magazine will also recognize Ramsell as an Illinois Leading Lawyer in Illinois Criminal Appeals.

Across the USA, the most common crime booked in a year, by far, is DUI. Driving while intoxicated is no minor matter. A person can get anything from a warning to jail time. DUI can start as a misdemeanor and escalate into a felonious crime by degree; however, no matter what degree of culpability you face, DUI can turn your world upside-down.

Laws on the books for DUI are very clear-cut; but they are not uniform across the country. Each state has variations on DUI penalties. Most states address underage drinking very strictly, and repeat offenders very strictly. Depending on the degree of impairment, and the conditions at the scene, all states have laws that make extreme drunk driving a criminal offense and a felony.

The DUI laws have a commonality in the following areas. DWUI starts under between .08 to .10 blood alcohol levels, and then kicks into DUI at between .08 to .10 blood alcohol levels. These levels are doubly indemnifying for all drivers in the US less than 21 years of age. Depending on the state, a person may have their driver’s license suspended any length of time from seven days to three years. Fines for DUI across the country range from $250.00 to $2500.00.

Studies have shown, in the US, August is the worst month for DUI charges. It seems the ticketing level for DWUI and DUI spikes this one month of the year; even higher than during holidays. More than hard liquor and wine together, beer is drunk during summer heat, picnics, outings, sporting events, family gatherings, and vacations.

All people of drinking age must note that in some states the DUI laws apply to impaired operation of any / all motorized vehicles, boats, and bicycles. In addition, in some states, DUI laws are in effect even if you are not operating a vehicle, but sleeping or sitting behind the wheel of the parked vehicle. All have some type of open container law.

It is a vehicle operators’ responsibility to know the driving laws, in effect, in the state in which they drive. Driving laws are fluid and change with time. There is currently a trend in the US for DUI laws to be made more strict. Drinking ages have gone up while alcohol blood levels have gone down. First time offenses have gone from a warning or insignificant punishment to jail time and heavy fines across the US.

The safest way to have a good time, and drink to any degree and avoid a DUI nightmare is to drink and not drive at all, but stay where you’re drinking. On the other hand, always have a designated driver. Drinking in the US has gone from a party time to a type of Russian roulette. The DUI laws across the country guarantee, if you’re a drinker, and you drive, it is only a matter of time before you’re actually caught. The laws are definitely uniformly designed to guarantee, once you’ve faced the DUI maze most of you will never drink and drive again.

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Based on the penalties in law throughout the US these are an amalgam of those for DUI. The average penalty for DUI from minimum to maximum sentencing if probation is granted by the court averages 3 to 5 years. Court granted probation is the most benign sentence one can receive. This is essentially a wakeup call to the driver. Take the warning and don’t drink and drive at all from this point forward, because this is now on the record. The next time you come before a judge will be a second offense.

Minimum through maximum sentences without probation are as follows starting with a first offense status, based on a ten-year window. All sentences require attendance in an alcohol/drug informational program. A fine will be imposed, anywhere from $200.00 to $2000.00. Moreover, 48 hours to 6 months in jail, this may be mitigated by community service; and/or your license may be suspended up to 6 months. Up to a 90 day restriction on your license may be imposed. If you hold a professional driving license – class 1, 2, A or B, you might receive 96 hours to 6 months in jail, mandatory fines, and mandatory 6-month license revocation.

The second offense within 10 years will garner you fines up to $2000.00, and 4 days to 1 year in jail. Your license could be suspended up to 18 months, and/or you will face up to 30 weeks in a mandatory alcohol/drug counseling program. If the counseling is imposed you may have your license suspended for the duration of the program to driving to and from work and to and from the program only. If you hold a professional license, you could have an interlocking devise, i.e.: key lock, installed in your vehicle, a mandatory fine, and mandatory license suspension up to 18 months, and face 90 days to 1 year in jail.

A third or fourth DUI within 10 years will get you up to 120 days to 1 year in jail, up to a $2000.00 fine, up to 18 months in an alcohol/drug program, if you have not had one before this. You face a 3-year license revocation for the third offense, and a 4-year license revocation for the fourth offense. On a fourth offense, if circumstances warrant, you spend 180 days to 1 year in jail, or up to 3 years in a state prison, in addition to all previously listed penalties.

These are all penalties for basic DUI. The sentencing is ratcheted up if there are aggravated incidents in addition to the DUI. These could be but are not inclusive of any accidents, extreme high blood alcohol levels, high vehicle speeds, children present, prior convictions, drugs found or used, and any abuse of arresting officers. The law is fluid and legislated. All penalties are subject to change and modification at the will of the people. Now, in most cases, the court must pass judgment as the law specifies without the ability to mitigate sentencing from the bench. Forewarned is forearmed.

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If you have been arrested for DUI or DWI, it is obviously cause for concernbut not for despair. By hiring a quality defense lawyer who can protect your rights, there are a host of ways your case may be defendable. Thats why it would be a good idea to consider hiring one of Americas Top DUI and DWI Defense Attorneys now. Heres a few ways our lawyers may be able to win your case. Even if your case involves a drug, drugs, medicine or alcohol, they will help.

ILLEGAL STOP OF PERSON OR VEHICLE a driver cannot be stopped unless the officer has a reasonable and articulate basis to believe that a traffic law or other law has been violated. Similarly, a person cannot be seized unless a violation has occurred.

WEAVING INSIDE THE LANES IS NOT ILLEGAL weaving without crossing any lines is not a violation of the law, and a vehicle cannot be stopped for that reason.

ANONYMOUS REPORT OF DRUNK DRIVING a car cannot be stopped simply because an anonymous citizen reported that the driver was drunk.

STANDARD FIELD SOBRIETY TESTING IS INACCURATE in healthy individuals, the one-leg stand test is only 65% accurate, and the walk-and-turn test is only 68% accurate in determining if a person is under the influence. Those persons with injuries, medical conditions, 50 pounds or greater overweight, and 65 years or older cannot be validly judged by these tests.

NON-STANDARDIZED FIELD TESTS ARE INVALID neither the Federal Government (NHTSA) nor medical science considers touching your finger to your nose, or saying the alphabet, or counting backwards, as valid sobriety tests.

BREATH TESTING IS INACCURATE virtually all experts concede that one breath test alone is unreliable. Breath testing is subject to various inaccuracies, including a variance as much s /- 12.5%, non-specificity for ethanol, etc.

BOOKING ROOM VIDEOS Many police stations videotape suspects at the police station, where their speech is clear and their balance is perfect, in spite of police testimony to the contrary.

IN-SQUAD VIDEOS more and more often, the suspects driving and performance on field tests is being recorded; often contradicting police testimony.

FAILURE TO PROVIDE SPEEDY TRIAL If a client is not provided with a trial within a certain period of time, which varies between states, through delays of the court or prosecutor, the charges must be dismissed.

POLICE BLOOD TEST INACCURATE Many times, police blood testing fails to follow prescribed rules of testing, analysis, or preservation recommendations.

HOSPITAL BLOOD TEST INACCURATE Hospital blood tests overestimate a persons true level by as much as 25% in healthy, uninjured individuals, and are not statistically reliable in severely injured persons.

BREATH TEST OPERATOR UNLICENSED Most states require a Breath Test Operator to possess a valid, unexpired operators license, or the breath test result is inadmissible.

BREATHALYZER MACHINE MALFUNCTIONS Most states specify that if there is a malfunction or repair of the breath test instrument within a certain period of time before or after a suspects breath test, the results of the suspects test are presumed invalid.

BREATH TEST OPERATOR LICENSE EXPIRED Most states require that a Breath Test Operator must possess an unexpired operators license, or the breath test result is inadmissible.

BREATH TEST DEVICE NOT APPROVED A breath-testing instrument must be listed on the Federal List of Approved Breath Evidential Instruments and the ISP approved list of Devices, or the results are inadmissible.

FAILURE TO PROVE DRIVING UNDER THE INFLUENCE A defendants admission to driving, without more, does not prove a charge of driving under the influence.

INDEPENDENT WITNESSES Often times, independent witnesses to accidents, bartenders, hospital personnel and others can provide crucial evidence of the defendants sobriety.

FAILURE TO MIRANDIZE Prosecutors may not use as evidence the statements of a defendant in custody for a DUI when the police have failed to properly issue Miranda Warnings.

FIELD SOBRIETY TEST IMPROPERLY ADMINISTERED According to the National Highway and Traffic Safety Administration, improperly administered field tests are not valid evidence of intoxication.

OFFICERS PRIOR DISCIPLINARY RECORD A police officers previous disciplinary record can be used to attack the officers credibility.

PORTABLE BREATH TEST INADMISSIBLE Most states prohibit the use of portable breath testing results as evidence at trial in a DUI case.

PORTABLE BREATH TEST IMPROPERLY ADMINISTERED The manufacturers of portable breath testing devices require a minimum of two tests to consider the results evidential in nature.

FAILURE TO CONDUCT OBSERVATION PERIOD Most states require that a driver be observed continuously for a minimum period, such as twenty minutes, prior to a breath test in order for the results to be considered admissible and valid.

EXPERT WITNESSES Expert witnesses are available to review the validity of breath tests, blood tests and field sobriety tests.

MEDICAL AND HEALTH PROBLEMS Medical problems with legs, arms, neck, back and eyes can affect the results of field sobriety tests. Further, other medical conditions can also affect the validity of breath test results.

BAD WEATHER Weather reports establishing high winds, low visibility, and other conditions are available to explain poor driving or poor balance.

LACK OF PROBABLE CAUSE TO ARREST A police officer must have specific and articulable facts to support any arrest for DUI, or the suspension will be reversed and the evidence suppressed at trial.

ILLEGAL SEARCH The police are prohibited from searching a person or the automobile for a minor traffic offense, and may not search a car without a drivers consent or probable cause. Any evidence illegally obtained is not admissible in court.

PRIOR INCONSISTENT STATEMENTS BY POLICE OFFICERS Any statement made by a police officer, verbally, in police reports, or at previous court proceedings may be used to attack that officers credibility.

POST-DRIVING ABSORPTION OF ALCOHOL The prosecutor must prove the blood or breath alcohol at the time of driving. Recent consumption of alcohol just prior to driving will cause the test results to be higher than what the true level was when the person was operating the automobile.

INTERFERING SUBSTANCES Many items contain forms of alcohol, which may cause false results, such as asthma spray, cough drops, paints, fingernail polish. These items can cause the breath results to be invalid.

BREATH MACHINE NOT PROPERLY OPERATED The manufacturers of breath testing devices have specified protocols, which must be followed for a breath result to be valid. Failure to follow these requirements will result in improper readings.

FAILURES TO PRODUCE DISPATCH TAPES Most stops of vehicles are recorded on dispatch tapes, as well as recording police communications regarding an arrest of an individual. Failure to preserve such tapes upon request can cause all evidence, which could have been recorded to be suppressed.

MISLEADING STATEMENTS BY POLICE OFFICERS Any misleading statement by the police regarding the consequences of taking (or refusing) a blood, breath, or urine test will cause the suspension to be reversed and removed from the drivers record.

STATUTES OF LIMITATIONS A misdemeanor charge of DUI must be filed within a certain period of time (which varies between states) of the date of offense, or the charges will be dismissed outright.

PRIVATE PROPERTY A person who has not driven the car on a public highway cannot be suspended for drunk driving.

FAILURE TO DISCLOSE EXPERTS The failure of the prosecutor to disclose the states expert(s) will cause those witnesses to be barred from testifying against the defendant.

LACTATE RINGERS When hospital staff use lactate ringers during the treatment of a patient, the hospital blood serum results will report falsely elevated, and therefore invalid, readings.

FAILURE TO RECORD CERTIFICATION TESTS the failure to include the value of the simulator solution used to test breath machines will cause the breath test results to be inadmissible in court against the driver.

FORCED BLOOD DRAWS In some states, the police may not take a blood test against the drivers consent where there has not been an injury involved, or the result is inadmissible.

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The consequences of Driving Under The Influence, or DUI, charges are far reaching. The criminal justice system can be a complicated process and the penalties of a DUI are quite severe. You should be aware that in some cases, those convicted of a DUI are subject to significant fines, legal costs, court costs, and even jail time.

Every person facing this charge is in need of a good defense and protection of their rights. The reason you need to obtain an experienced DUI lawyer is that research shows that many individuals arrested and charged with DUI are not guilty because they haven’t had too much to drink. While the State has a duty to enforce the law, persons accused of crimes such as driving under the influence are still innocent until proven guilty.

There are a number of opportunities to build a solid defense for these cases, as it was found that breathalyzer machines can often give false readings. Successful defense of a drunk driving charge requires specialized defenses. Attorneys that specialize in this particular type of case are best qualified to formulate your defense and protect your rights in court.

Who Gets Arrested for DUI

Statistics show that males between the ages of 16 and 24 are most likely to be arrested on DUI charges. Most individuals arrested are middle class working citizens. Sadly, DUI statistics also indicate that approximately one-third of those arrested are repeat offenders.

DUI Fines and Penalties

The penalties for DUI are different than those for DWI (Driving While Intoxicated), but are still severe and can result in long term negative consequences for you and your future.

The penalty for a first DUI offense can be limited to just a fine. However, the fines can vary and sometimes are very large. Also, in some states, fines may be doubled if a passenger under 16 years old is riding in your car.

But, depending on the jurisdiction, the penalty can also result in the revocation of your license, a criminal record, a short jail sentence, and/or public service. Prosecutors in many states have pressed for tougher penalties because many DUI suspects, especially repeat offenders, refuse to take the breathalyzer test. Unfortunately, these more severe penalties affect those who have been cooperative or have been wrongly accused.

For those who are repeat DUI offenders, you will generally face mandatory loss of license, jail time, and significant fines and court costs. So, just accepting the charges without a strong legal defense is a formula for personal disaster.

DUI Legal Defense

A DUI lawyer can help mitigate or reduce the charges and ensure that your rights are protected to the extent of the law. The plain facts are that many people arrested and charged with DUI are not guilty. Even if you have made statements at the time of arrest, they can be thrown out as part of the proceedings. A qualified DUI attorney will know all the details and the legal procedures involved.

The penalties for DUI are severe, and should be taken very seriously. Being found guilty of a DUI charge can have life-altering consequences for you and your family. So, think about it – can you afford to be without legal counsel? Not a chance!

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