Implied Consent In A DUI Charge Explained

Aug 25

When an officer flags you down for suspected DUI, the first thing they will do is have you undergo a breathalyzer test to determine your blood alcohol content (BAC). However, not everyone are willing to subject themselves to such kind of procedures. According to the National Highway Traffic Safety Administration, more than 20 percent of drunk driving suspects in the US refuse to take a breathalyzer test when stopped by a police officer.

According to the website of Horst Law, refusal to take a chemical test after being placed under arrest subjects you to being charged for violating the law on implied consent. This rule states that if you have been arrested for DUI, you agree to be subjected to blood, urine, or breath tests for the purpose of determining your BAC. The law prohibits you to consult an attorney before the testing and the test should be administered as soon as possible from the time you were driving. The arresting officer chooses the test you will take but you can choose the additional tests administered by a doctor of your choice.

With implied consent, you can still be arrested for DUI even if you are not the driver. As long as you have physical control of the vehicle, it is enough ground for the officer to arrest you. In addition, the law says that you consent to taking a preliminary breath test even if you were not arrested. The result of the test will be used by the officer to determine if there is probable cause that you were indeed driving while intoxicated. While you can refuse to take the test, doing so would not help your cause as the officer may think you had been drinking. The law enforcer can use that reason to still arrest you.

When you are arrested, the officer will remind you that your license will be suspended if you refuse to take a test. For first refusal, the suspension will be valid for one year while succeeding refusals will result to license suspension for three years. The officer will then submit a sworn report to the Secretary of State detailing the reasons for your refusal.

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Criminal Defenses: The Woes of Juvenile Offense

Jan 27

Many of today’s youth have been under the impression that that they are invincible. It is imperative that children are given the proper guidance and tools in order to become assets to society as a whole when they grow up. However, with this devil-may-care attitude can come some serious legal consequences of which they are not aware. There may be some times in a child’s life when this ignorance brings forth legal consequences that could merit legal action known as juvenile offense.

In most parts of the world, including the United States of America, anyone under the age of 18 is considered a minor – a child. This means that these children are not to be held completely liable for their action, lest they are legally emancipated from their parents or legal guardians. This is a difficult case to defend due to the fact that there are many subtle intricacies that could shift the case, making the child get treated and convicted as an adult. A Collin County criminal attorney can tell you that if the defense of the child is not aggressively sought out, the child could be withheld rights and privileges as well as be limited in terms of educational and professional opportunities. After all, this kind of record cannot be expunged and a conviction will taint that child’s reputation and life forever.

Some criminal charges that a minor can be convicted for are drug possession, sexual assault, traffic violations, public intoxication, drug offenses, et cetera. For these crimes to be on record for any one person can be damaging, much more to a child; a case of this magnitude requires only the very best expert, specialized help in criminal defense.

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Waiting Period Expunction in Texas

Sep 18

Chapter 55 of the Code of Criminal Procedure contains statutes concerned with expunction eligibility and procedures. According to the website of Ian Inglis Attorney at Law, if a person is charged but not convicted of a crime (acquittal), the record may be expunged at the petition of the record holder. It follows that those arrested but not even charged with the crime may be automatically eligible for expunction, but it is not as simple as that.

All arrests made by law enforcement become part of the official record, so a person who is arrested is said to have an arrest record. Under normal circumstances, if a person is arrested but not charged, the record of the arrest can be expunged when the case is over or the statute of limitations runs out. is However, there are cases that take years to be closed, if ever, and some offenses have no statute of limitations, such as murder.

Prior to the 2011 reform, individuals that have been arrested but not charged in the latter situation may not receive an expunction order, which can really put a crimp in one’s day. The 82nd Legislature made some significant changes in Chapter 55 back in 2011 which may provide some relief for those arrested but never charged with a crime.

The lawmakers came up with what is referred to as “waiting period” expunctions (Article 55.01(a)(2)(A)). This provision kicks in when after a certain length of time has passed between an arrest and a charge, the arrest record can be petitioned for expunction. For Class C misdemeanors, for example, the waiting period is 180 days up to three years for felonies. The petitioner should be able to prove that the case against him or her is no longer pending, meaning that there is no active investigation directed toward the petitioner.

If you have been arrested but never charged for an ongoing case and want to have the record erased, you should contact an expunction lawyer in your area to determine your eligibility. Petitioning for an expunction can be a complicated matter so it would be better to let the professional handle it.

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Criminal Defense against Minors in Possession of Alcohol

Mar 01

A serious criminal offense, such as a drug-related crime or driving under the influence (DUI), requires a tough lawyer and a pretty good defense. The fact is any type of criminal accusation, even a simple misdemeanor, calls for a good defense lawyer.

Legal professionals from Truslow & Truslow know that living with a criminal record, regardless of how serious the crime is, is a huge hindrance to life’s opportunities and pursuit of one’s dreams. In the firm’s website, it mentions that a conviction “can have serious repercussions on every aspect” of life; it can result to loss of job, denied employment applications, difficulty in finding an apartment to live in, as well as in applying for professional licenses. This is because employers, landlords and license providers always ask about possible criminal convictions.

The National Minimum Drinking Age Act, a law that was passed in 1984, is one example of a federal mandate that constitutes a criminal offense if violated. This particular law strictly prohibits the possession and purchase of alcoholic beverages in public by individuals under the age of 21, except under certain circumstances. Those who will be caught violating this law will be charged either with Possession of Alcohol under the Legal Age (PAULA), or Minor in Possession (MIP).

Punishment for violators of PAULA or MIP differs from one state to another. For first time offenders, so long as the offense does not involve DUI / DWI or public intoxication, fines may range from $100 to $200. Repeat offenders can suffer fines, besides participation in an alcohol education program or rendering of community service. Other states also apply a suspension on the offender’s driving privileges.

PAULA or MIP may only be a misdemeanor, but if it sticks on one’s records, it will surely affect the violator’s future life. Hoping to be acquitted from the charge, or in the event of a conviction, working to have such conviction expunged from your record, can be possible, but only with the help of a well-seasoned lawyer who will be determined to fight for your defense, as well as care for your future as much as you do.

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