Archive for May, 2011
Minor DUI Consequences
The consequences of being convicted for driving under the influence of drugs or alcohol are in no way diminished if you are not old enough to be drinking in the first place. Leniency is much more difficult to come by, especially if aggravating factors are involved in your case, so it is even more critical to protect your rights and your future by retaining an attorney who is experienced in dealing with DUIs in your state.
Most states have adopted a Zero Tolerance Policy for those under the age of 21, which means that if your blood alcohol concentration, BAC, is higher than 0.0%, you could be arrested and convicted of DUI. However, in Maine, in order to be convicted of DUI while under the age of 21, you must be impaired or have a BAC of .08% or higher. Here are just some of the potential consequences that you could be facing for a DUI as a minor, in no particular order:
Jail
Yes, jail time is a potential outcome if you are convicted of a DUI even as a minor, depending on several other factors. In Maine, DUI is not a juvenile offense. Being underage is considered an aggravating factor in a DUI case, so you could see increased likelihood for jail or other consequences.
Monetary Fines
You may be responsible for thousands of dollars in monetary fines, very similar to having to pay a ticket for speeding if you are convicted of DUI. The amount depends on the state and other circumstances, but could total several thousand dollars that must be paid before your driving privileges can be restored. When serious bodily injury or property damage and/or fatalities occur, you could also face criminal restitution charges to the victim(s) or their families as well.
Loss of Driving Privileges
A DUI conviction almost always leads to loss of driving privileges, but the length of time depends on the case. If you are underage, that time could last a long time, depending on the state, judge, and circumstances. The younger you are, and the more serious the aggravating factors, the longer you will likely be without driving privileges.
Mandatory Rehab and Counseling
Minors convicted of DUI will likely face court-ordered rehabilitation or alcohol/drug counseling before the record is wiped clean. However, in Maine, because DUI is not a juvenile offense, if convicted, you have a criminal record and there is no expungement process. This could be in the form of alcohol education classes, hospital rehabilitation or modern rehab facility, psychiatric counseling, and more, depending on several factors. You will be required to completely finish all courses or classes, including presenting a certificate of completion to the judge before your record is expunged, depending on the case and availability of expungement for minors.
This information is provided solely for informational purposes and does not constitute legal advice.
Originally published here.
William Bly
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Beat Breathalyzer Test Results From Your Dui Arrest
Almost every dui charge consists of a breathalyzer test reading giving a blood alcohol content level. If you have been in this unpleasant situation then you understand the importance of the test results. If you blew 0.09 to 0.14 you have an excellent chance at challenging the breath test results and beating your dui charge. The fortunate reality is that you can beat breathalyzer test results in court with proven tactics.
Every dui arrest has a persuasive police officer that forces you to take the breathalyzer test. You may have been told that you will be let go if you took the test no matter what the results were. These unfair tactics are solely used as evidence in court against you. You do have the right to refuse all tests but most first time dui offenders are not aware of the laws. Respectable people have been all too often misled in dui testing occurrences and face thousands in fines just because an unreliable breathalyzer machine says they had too much to drink. Now if you took the test under those circumstances then you might have a case in court to beat or dismiss the breathalyzer test results. Here are some more ways to prove breath tests inaccurate:
· Breathalyzer results have a 12% fluctuation in results and leave room for error
· Breath testing may have been administered too soon after your last drink
· Machine calibrations were not properly performed and can cause invalid readings
· Portable breath tests are not accurate and results should be admissible in court with proper representation
Your next step in beating the breathalyzer test results is finding the proper representation in court. Beware that many attorneys are not qualified to challenge these test readings and inaccuracies. Some will quickly take your money upfront and settle your dui case with an easy plea bargain. This plea bargain outcome will most likely be on your record every time you go apply for a job. This is not what you are paying thousands of dollars for. Remember that you should have the final say with the outcome in your dui case; not your attorney. An experienced dui attorney understands this and works with his clients and points out all possibilities.
Learn all the possible ways you can beat the breathalyzer test result in court and all other aspects of the arrest. Your understanding of what your up against will give you the upper hand before you step foot in the courtroom and give you the chance to beat dui charges.
Originally published here.
Peter Sands