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DUI ATTORNEY DEFENCE
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What you should know about DUI It's general rule: If you drink, you shouldn't drive. Nevertheless according to the National Highway Traffic Safety Administration (NHTSA) 1 out of every 135 licensed drivers (or 1.4 Million people) in the United States is arrested for driving under the influence each year. If you do make the mistake of drinking and driving and if you are pulled over by law enforcement officer, then this is a brief overview as to what you should generally expect and what you should generally do. Use this merely as a guide. For help on an individual case, you need to consult with an local DUI attorney. |
The officer is required by law to immediately forward a copy of the completed notice of suspension or revocation form and any driver license taken into possession, with a sworn report to the DMV. The DMV automatically conducts an administrative review that includes an examination of the officer's report, the suspension or revocation order, and any test results. If the suspension or revocation is upheld during the administrative review, you may request a hearing to contest the suspension or revocation.
You have the right to request a hearing from the DMV within 10 days of receipt of the suspension or revocation order. If the review shows there is no basis for the suspension or revocation, the action will be set aside. You will be notified by the DMV in writing only if the suspension or revocation is set aside following the administrative review.
Investigation- in this context means asking you to step out of your car and perform field sobriety tests. The Officer will pay close attention to how you exit the car, the manner in which you provide him with your driver's license, registration and insurance and the manner of your speech. Then the Officer will ask you to do Field Sobriety Tests.
While you are not legally obligated to submit to a blood, breath, or urine test, refusing to comply with a law enforcement officer's request is admissible in a criminal proceeding against you as evidence of your awareness of guilt.
At the same time, you have a right to be secure, which protects against unreasonable seizure and searches (including your body and vehicle). You should not get out of your car unless the police order you to do so.
To determine whether you are under the influence of alcohol, law enforcement officers conduct various field tests which are a part of the standardize procedures under the DUI Law. These tests help to verify the driver's ability to follow instructions as well as demonstrate balance and coordination. Additionally, they also conduct a chemical test or the Breath Analyzer test which records the alcohol level in your blood stream. If reading shows you to be over the required limit, then you are presumed to be driving under the influence and will be charged with drunk driving. You will then have to appear in court to defend the charges.
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