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Driving under the influence (DUI), sometimes referred to as driving while intoxicated (DWI), is a traffic violation that can incur serious physical, legal, professional, and personal consequences. However, it is important to remember that, if you are charged with DUI/DWI, your best course of action would be to hire a DUI/DWI attorney who will ensure that your rights are protected during your legal proceedings. Expertise and Knowledge The foremost benefit of hiring a DUI/DWI attorney is obvious: expertise in DUI/DWI law. A good DWI/DUI attorney will have experience handling cases similar to yours and will understand the nuances of the law as it pertains to your case. They will be able to explain the charges against you, the potential consequences, and the legal process that will unfold. A less obvious benefit of hiring a DUI/DWI attorney is their skill in identifying weaknesses in the prosecution’s case against you. They can review the evidence, including police reports, witness statements, and any chemical tests, to determine whether or not the prosecution has a strong case against you. They will also be able to identify any legal or procedural issues that could affect the outcome of your case. Reduced Penalties If you are […]

Driving under the influence is obviously a serious offense, but what is less obvious are the legal ramifications of committing this traffic violation in particular. A DUI (or DWI) conviction will not only incur legal consequences, but financial, professional, and personal consequences, as well. Let’s take a look at how a DUI conviction can alter your life and what you can do to protect yourself. Legal Consequences of DUI Not every state in the United States treats DUI/DWI equally. The consequences are affected by both the state in which it took place and the circumstances of the violation. However, common consequences of a DUI conviction can include fines, license suspension, mandatory attendance in DUI education classes, and even jail time. In some states, a DUI conviction can also result in the installation of an ignition interlock device on the offender’s vehicle. Fines for DUI convictions can range from a few hundred dollars to several thousand dollars, depending on the severity of the offense and the offender’s criminal history. License suspension periods can also vary, with some states imposing a suspension of six months or less, while others may impose a suspension of a year or more. The length of suspension […]

In 2018, Tennessee enacted a law that requires DUI offenders to be financially responsible for the needs of children whose parents were killed in DUI-related accidents. This law, known as “Bentley’s Law,” is named after a 17-year-old girl who lost her parents in a DUI-related accident. In this article, we will discuss the details of Bentley’s Law and its implications for DUI offenders in Tennessee. Background of Bentley’s Law Bentley’s Law was enacted in response to a tragic accident that occurred in December 2017. On the night of December 23, 2017, a drunk driver crashed into the car of Tony and Patricia Forte, killing them both. The Fortes left behind a 17-year-old daughter, Bentley, who became the face of the fight for justice for victims of DUI-related accidents. The law was proposed by Tennessee State Senator Todd Gardenhire and signed into law by Governor Bill Haslam in May 2018. The law requires that any person convicted of a DUI-related offense that results in the death of another person must pay child support for any children left behind by the victim. Details of Bentley’s Law Under Bentley’s Law, DUI offenders are required to pay child support until the child reaches the […]

One of the most precarious traffic violations an individual can commit is driving under the influence (DUI/DWI). However, the severity of the consequences can be drastically exacerbated if a minor is present in the vehicle at the time of the arrest. What exactly is the scope of the consequences of this particular type of infraction? Are there any legal defenses that might prevent significant legal penalties, such as fines and jail time?  2 Criminal Cases A DUI arrest with a minor in the vehicle can trigger 2 separate cases: A DUI case and a child endangerment case.  DUI Criminal Case A DUI criminal case will be charged as such. Your BAC levels, field sobriety test, or breathalyzer results will be factored into the case against you. If convicted, the penalties for your DUI will result in fines, possible jail time, license suspension, and possible DUI courses.  Child Endangerment Case The specific penalties for this offense can vary depending on the state where the offense occurred. In some states, the offense is considered a felony, which can result in more severe penalties. If a minor is present during a DUI arrest, you may be charged with child endangerment, which can require […]

Driving under the influence (DUI) or driving while intoxicated (DWI) is a serious criminal offense in the United States. If you are arrested for DUI/DWI, you will likely have to face the legal process in court. Understanding this process can help you prepare for what is to come. Step 1: Arrest and Booking The first step in the DUI/DWI court process is the arrest and booking. If the police have probable cause to believe that you are driving under the influence, they will pull you over and administer field sobriety tests and in most cases a BAC test. If you fail these tests, you will be arrested and taken to the police station or jail for booking and possibly more testing. This process involves recording your personal information, taking your fingerprints and mugshot, and searching you for any contraband. At the point of arrest, you are entitled to an attorney.  Step 2: Arraignment and DMV Hearing Criminal Case After you have been arrested and booked, the next step is arraignment. This is the initial court appearance where you will be formally charged with DUI/DWI. At this time, you will enter a plea of guilty, not guilty, or no contest. It […]

“Impairment” Comes in Many Forms Driving under the influence (DUI) is often associated with alcohol, but it’s important to recognize that impairment can stem from various substances and conditions. This article explores lesser-known factors that can lead to DUI charges without alcohol consumption. By examining these scenarios comprehensively, we aim to raise awareness and promote responsible driving habits. It’s important to understand that any substance or activity which results in an elevated blood alcohol content (BAC) will impair a driver’s ability to operate a vehicle responsibly, as well as invite the possibility of a DUI charge and conviction. Prescription and Over-the-Counter Medications: Certain prescription drugs and over-the-counter medications can impair driving abilities due to their sedative effects or impacts on motor skills. Driving while under the influence of these substances can lead to impaired judgment, reduced reaction times, and compromised coordination. If arrested and charged with a DUI involving prescription or over-the-counter medications, individuals may face legal consequences, including fines, license suspension, mandatory alcohol education programs, probation, or even imprisonment. Illicit Drugs and Marijuana: Driving under the influence of illicit drugs, including marijuana, poses significant risks to road safety. These substances can impair cognitive functions, alter perception, and affect motor […]

Driving under the influence (DUI) is a serious offense, and when coupled with a suspended license in Alabama, the consequences can be severe. This informative article explores the repercussions of driving under the influence with a suspended license in Alabama, shedding light on the legal ramifications, heightened penalties, and potential long-term impacts. Enhanced Penalties Driving under the influence with a suspended license in Alabama triggers enhanced penalties compared to a typical DUI offense. Offenders can face additional charges, such as Driving While License Suspended (DWLS), which carries its own set of consequences. These penalties may include fines, extended license suspensions, mandatory attendance in a DUI school, probation, and potential imprisonment. Aggravating Factors and Felony DUI Certain factors can exacerbate the penalties for driving under the influence with a suspended license in Alabama. Aggravating factors include driving with a high blood alcohol concentration (BAC) of 0.15% or above, causing injury or death while under the influence, transporting a minor during the offense, or having multiple prior DUI convictions within a specific timeframe. These factors can elevate the offense to a felony DUI, resulting in more severe penalties, including longer prison sentences, higher fines, and potential loss of civil rights in the […]