Reader’s Question:

My brother needs all the help he can get in his DUI case here in Washington, DC. We are trying to find out how we can challenge the evidence against him so that we can prove that he was really not under the influence when he was arrested. How can we prove that the results in the field sobriety tests and blood test were wrong?

Neo

Washington, DC

Saying that a person who was arrested for DUI was not really under the influence when he was arrested is one thing, and proving it is another thing. There are numerous ways that your brother can prove that he is innocent of the DUI charge against him. He could be able to employ a lot of strong defenses to produce a winning outcome for his DUI case in Washington, DC.

Your brother can prove that the blood alcohol test was inaccurate if his blood alcohol concentration was still rising when the test was conducted. It is very important to remember that the blood alcohol test is supposed to measure the blood alcohol concentration (BAC) at the time the driver was operating his or her motor vehicle, not the driver’s BAC after. That means there could be a significant difference between a driver’s BAC at the time of driving and the driver’s BAC at the time the test is taken. With regard to the field sobriety tests (FST), there are several reasons a person may be unable to complete the tests to the standards of police officers. These common reasons include poor lighting, poor coordination, lack of instruction, poor instruction, slippery roads or other physical impairments. Because of that, the results of most FST’s are inaccurate and should always be challenged.

Tags: DUI, DUI advice, DUI lawyer

Reader’s Question:

We are in the process of figuring out how to get my sister out of jail after her DUI arrest last night here in Washington, DC. In a DUI case, how does the bail process work?

Simon

Washington, DC

After the booking process following your sister’s a DUI arrest in Washington, DC, the next phase is what is known as bail. This is simply a promise to appear in court for the exchange of money and it is often set based on a predetermined “bail schedule”. In some DUI cases, the judge may base the figure on the severity of the DUI offense, ability to pay, criminal and DUI history, as well as relation to family and employment.

The bail may be posted by anyone in your family and even a friend can do that. It could also be done by what is known as a bail bondsman. A bail agency will provide your sister a written contract stating that the full bail amount must be paid if the she fails to appear in court. Bondsmen and bail agencies charge fees for their service. Most of the time, they may also require a collateral before posting a bond to ensure the DUI suspect’s appearance in court. The key here is to consult a DUI lawyer during this very significant process after your sister’s DUI arrest.

Tags: drunk driving laws, DUI, DUI advice, DUI arrest, DUI lawyer

Reader’s Question:

I’d probably be afraid of risking drinking and driving again after my father was arrested for DUI here in Washington, DC. He told me that the police officer had a probable cause to continue with the investigation and arrest him after because of his bloodshot eyes which according to the officer, an indication that my father had been drinking. Could this officer’s observation be challenged?

Paris

Washington, DC

Aside from the pervasive “odor of alcohol,” perhaps the most common observation a police officer will describe as an indicator of being under the influence of alcohol will be “bloodshot eyes.” It is very unlikely that we encounter a DUI case that at least the two boxes for odor of alcohol and bloodshot eyes on the police report are not marked. When a police officer relies heavily on “bloodshot eyes” as the sole basis for continuing the investigation of the person suspected for DUI, the case should be eagerly challenged because even National Highway Transportation Safety Administration (NHTSA) has discounted these clues as prejudicial and irrelevant to determining intoxication.

Back in 1997, NHTSA released a report that removes “bloodshot eyes” as an indicator of impairment. The materials provide an outstanding resource for cross-examination of a police officer. Bloodshot eyes may be associated with alcohol consumption but it is also a trait of a lot of shift workers and people who work more than one job and even those who are afflicted by allergies. With that being said, having bloodshot eyes can definitely be challenged on your father’s DUI case in Washington, DC.

Tags: DUI, DUI advice, DUI arrest, DUI lawyer

Reader’s Question:

My daughter was arrested for DUI in Washington, DC but she didn’t drink any alcohol. She admitted that she smoked a little pot. Why was she charged with DUI? Also, she said that she didn’t give the officer permission to search her vehicle but he still did. Were her rights violated and was it an illegal search of her property?

Akira

Washington, DC

Your daughter’s rights were not necessarily violated if the police officer still searched her vehicle even though she didn’t give him permission to do so. If the police officer can prove substantial reason to suspect that your daughter’s vehicle contained an illegal substance or evidence of a crime, then the officer is considered to have probable cause to search the entire passenger cabin, and in some cases, any containers or packages present in the front section of the vehicle. The law imposes a lesser expectation of privacy when an arrest involving a vehicle is made. But remember that a good DUI lawyer would explore proper probable cause when trying or plea bargaining your daughter’s case.

In Washington, DC, DUI is defined as driving under the influence of alcohol or drugs. Your daughter was arrested for DUI because she was suspected of being high or stoned and believed to be chemically impaired while operating a motor vehicle.

Tags: drunk driving laws, DUI, DUI arrest, DUI lawyer

Reader’s Question:

I haven’t actually been arrested for DUI in Washington, DC but I know some people who have been caught drunk driving and they all failed the field sobriety tests that the police officers asked them to do. Can we beat these kinds of tests?

Garth

Washington, DC

In Washington DC, the field sobriety tests also known as “roadside gymnastics” do not really measure whether or not a person is driving under the influence of alcohol. In addition to some exercises which have absolutely no relation to a person’s ability to drive a car, like counting backwards, saying the alphabet or doing a finger dexterity test, police officers will give a 9 Step Walk and Turn test and a One Leg Stand test. Officers rely on these balance tests in making their decision on whether or not to arrest a person. These exercises are designed to make people off balance and designed for failure. So, it is not surprising when some people have difficulties with them. No one is required to be able to stand on one leg for 30 seconds without swaying to get a driver’s license.

We can challenge these balance tests as a DUI defense if they were not given or scored according to National Highway Transportation Safety Administration (NHTSA) which is the agency that developed the FST’s. NHTSA says clearly in its manual that the FST’s are only valid if given and scored strictly according as prescribed by NHTSA and usually, they aren’t. Therefore, using the NHTSA Manual, a lawyer can show that the tests are invalid as given by the police officer.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer

Reader’s Question:

A friend of mine was arrested for DUI yesterday in Washington, DC. His vehicle was impounded and he was told that he has to claim it within 72 hours. What happens if he fails to do so and is a vehicle impoundment also part of the penalties if he will be convicted?

Gail

Washington, DC

Since your friend’s vehicle was impounded because of his DUI arrest in Washington, DC, he will be subject to an impoundment charge of $50 which shall be paid prior to the release of the vehicle. If he fails to claim it within 72 hours, the vehicle shall be processed and handled as an abandoned vehicle, and shall be subject to any other charges and costs, including storage fees and relocation costs, as are otherwise provided and assessed by the Mayor.

He could lose his vehicle if the the judge rules to have his vehicle impounded if he will be convicted for DUI. Once he’s able to claim his vehicle, he must pay storage fees, an administrative fee plus any towing fees. It can cost him in excess of $1,000 to have his vehicle impounded. Research has actually shown that many vehicles are left abandoned because it would cost more to regain ownership of the vehicle than the vehicle is even worth. The locality must then pay the storage fees and towing bills when the vehicle is left behind.

Tags: drunk driving laws, DUI, DUI advice, DUI lawyer

Reader’s Question:

My cousin was convicted for DUI here in Washington, DC and he needs to file SR22 car insurance. Is it true that we really can’t find a cheap SR22 insurance?

Dominic

Washington, DC

Finding a cheap SR22 car insurance in Washington, DC may be really hard for your cousin because of his DUI conviction. The mere fact that he has a DUI conviction makes him a ‘high risk’ in the car insurance industry. In general, SR22 insurance will be much more expensive than the more traditional auto insurance for lower risk applicants. The correct term that we can use would be lower cost SR22 insurance.

There are certainly some SR22 car insurance that are more expensive than others. It comes down to the insurance companies that try to take advantage of DUI offenders because they realize that people with DUI conviction are in a difficult situation. That is the reason why they work on their ’sales pitch’ and increase their prices, because they know people with DUI conviction are in a tough situation and would most likely pay it. You have to make sure that your cousin would get as many free quotes as he can from different insurance companies. This can help him choose the right SR22 car insurance.

Tags: drunk driving insurance, DUI, insurance, SR22 insurance

Reader’s Question:

My son has just been recently arrested for DUI here in Washington, DC. We were advised that we will need the services of an attorney. How can a DUI attorney help my son in defending his case?

Kelly

Washington, DC

That is the first thing that you should do, Kelly, hire the services of an experienced DUI attorney who would able to save your son’s driver’s license and his freedom. Most of the DUI attorneys offer free consultation.

Hiring the services of a competent Washington, DC DUI attorney ensures that your son is treated fairly and his rights are protected. A good DUI attorney knows how to get results. But before you hire the services of a DUI attorney, just check out for if they have the required experience. Getting arrested for DUI is a stressful experience because the entire process of being arrested, jailed, fingerprinted and photographed is highly stressful. The DUI attorney should be able to deeply empathize with your son’s situation and be armed with the talent to rescue him from his current situation. For this, the DUI attorney needs to be specialized in fighting DUI cases. A DUI attorney should also be able to save your son from the sometimes serious outcomes of DUI cases. If something goes wrong, your son could lose his license, his insurance could go down the drain and he may end up in jail for a long time. That’s why it makes sense to hire the services of a reputed DUI attorney.

Tags: DUI, DUI lawyer

Reader’s Question:

I have a DUI conviction here in Washington, DC. How can I go about getting the best auto insurance rate possible when I have been convicted for DUI?

Brett

Washington, DC

Even though you have just been given the worst label in auto insurance as a high risk driver, you still have options when it comes to your SR22 auto insurance. What you have to remember is that there are many insurance companies that specialize in these types of auto insurance policies; and more specifically DUI auto insurance policies. They realize that there is a big market need for those who happen to have a conviction for DUI or DWI and they design their business around it.

When you are shopping for SR22 auto insurance, the best way to get the cheapest policy is to get rate quotes from as many different sources as possible. The SR22 quotes are free and these insurance companies offer no obligation to use by getting a quote from them. So, the way to get the best SR22 auto insurance deal is to seek out quotes from as many providers as possible and then, you can simply select the best deal.

Even if you get rejected or cancelled from any of the big auto insurance companies, just keep in mind that there are still plenty of options for your SR22 auto insurance.

Tags: drunk driving insurance, DUI, DUI lawyer, insurance, SR22 insurance

Reader’s Question:

My brother was charged with DUI here in Washington DC. He is very much worried about the money he would have to spend if he hires a lawyer. Does he really need to have a DUI lawyer?

Jake

Washington, DC

In Washington, DC, since your brother was caught driving under the influence, he cannot do without Washington DC DUI lawyer. He has to keep in mind that a DUI case is a criminal case and he could pay very high fines and go to jail without proper legal representation. There are about 1.5 million motorists who are charged with DUI annually, and sad to say that most of these cases result in serious consequences for the accused because of improper legal representation. So do not let this happen to your brother.

As an expert in DUI laws and procedures, a Washington, DC DUI lawyer could guide your brother through a Department of Motor Vehicles (DMV) proceeding and through the court if need be. The DUI lawyer can help lower your brother’s fine and acquit him of criminal charges that can put him behind bars. Also, the DUI lawyer can reduce his penalties to minor punishments such as classes for alcohol education, community service or installing an ignition interlock device in your car.

Tags: DUI, DUI lawyer