Showing posts with label Phoenix DUI Lawyer. Show all posts
Showing posts with label Phoenix DUI Lawyer. Show all posts

Wednesday, September 16, 2009

Costs of a DUI Charge

A DUI charge comes with some of the most damaging penalties of any crime where most offenders actually serve relatively little jail time. The serious penalties of dui are partly in effect as a means of highly discouraging this activity. For people actually aware of the true, all-inclusive cost of a DUI charge, the argument is more than convincing. For example, studies have revealed that for individuals arrested for driving under the influence, without causing an accident or injuring another, the costs associated with the dui criminal charge will tab-out at an average of well over $10,000. Considering that most DUI charges are misdemeanor arrests, which are entirely avoidable through the negligible expense of finding a cab or getting a ride, the cost of a DUI charge is really never worth it. Sadly, however, the Federal Bureau of Investigation notes that 1.37 million drivers were charged with DUI in the last year alone.

Initial Expenses after an Arrest

The first expenses associated with a DUI arrest begin with the car towing fees following being arrested. Drivers can expect, depending on the jurisdiction, to face towing and impound expenses ranging from a few hundred dollars all the way to over $1,000 dollars in some municipalities seeing a revenue raising opportunity. Additionally, DUI is a criminal charge that requires booking, holding, and incarceration until arraignment. Therefore, individuals may have to post bail before being released from police custody pending trial. The average cost of bail depends on the specific charge, as well as the location of the arrest. However, these costs generally run drivers between $500 dollars all the way up to $2,500 dollars or more.

Increased Insurance Costs

Outside of legal and logistical issues, people arrested for DUI now face greater scrutiny, and more financial punishment, from their insurance companies. Often, many insurance companies will simply drop drivers following a DUI arrest, regardless of conviction. It’s just not worth the risk to them. However, in the event a carrier does elect to keep you on their coverage list, the raised premiums, which will last at least three to five years, can end up costing drivers nearly $1,500 dollars annually. Then, there is the question of the impending legal issues, the actual criminal proceedings regarding a DUI case. DUI legal fees can run from $1,000 to $20,000 depending on the specifics of the case and if there is a trial. In many instances, hiring private investigators and expert witnesses to assess the case may actually end up costing more than the attorney’s fees themselves. The cost of an attorney is negligible in the grand scheme, and a knowledgeable attorney can be a vital ally throughout the entire process.

Post Trial Fines, Fees and other Expenses

Then, depending on the outcome of the case, convicted individuals will face court mandated fines for the arrest, which depending on the state of arrest, can amount to hundreds and potentially thousands of dollars. There are the litany of fees associated with reinstating a license and meeting probation terms, including costs of alcohol and substance abuse evaluation, as well as if deemed necessary, mandatory alcohol and drug treatment, which can cost the average person several thousand dollars. Then, there are the random fees imposed by the state and local government, which can add up to hundreds of dollars.

Other Costly Considerations

All of these quantifiable expenses don’t even take account of issues that people will undoubtedly face following a DUI arrest. For many individuals, the loss of driving privileges may cause them to outright lose their job, or be unable to commute to their employment. In other cases, a DUI arrest immediately causes the loss of a professional license. Then, there is the loss of time associated with coping with legal fallout as well. All in all, DUI is one of the costliest crimes around, and even worse, it is easily one of the most common crimes an individual is arrested for in the United States, as noted by the NHTSA, which states that one in one-hundred-forty licensed drivers will be arrested for DUI in a given year.

Source : True Cost of DUI Charges by William Sherman Share/Save/Bookmark

Saturday, June 13, 2009

Field Sobriety Tests

When a driver is pulled over on suspicion of DUI, there is a good chance the police officer is going to ask the driver to take one or more field sobriety test. Field sobriety tests are conducted on the side of the road to help an officer determine if a driver is too intoxicated to be operating a vehicle. These tests challenge a driver’s physical coordination, mental alertness, reaction time, and ability to follow instructions.
Although there are many different field sobriety tests for an officer to choose from, most officers in Phoenix ask drivers to perform at least one of the following six tests:

Walk and Turn: The subject takes nine heel-to-toe steps along a line, turns, and takes nine heel-to-toe steps back. The officer is looking to see if the accused can keep their balance, follow instructions, begin early, stop during the test, leave space between heel and toe, step off the line, or lose balance while turning.
 
Standing on One Leg: The accused is instructed to stand with heels together, arms at the side, then raise one leg six inches off the ground while counting out loud until the officer allows the accused to stop. The officer is looking for raising of the arms, swaying, hopping, putting the foot down, inability to stand still, body tremors, muscle tension, and any statements made by the accused during the test.
 
Finger to Nose: The accused is instructed to stand with heels together, eyes closed, and standing straight. The officer will then instruct the accused to bring the index finger to the tip of the nose. The officer is looking for body sway, body tremors, eyelid tremors, muscle tension, or any statements made by the accused to support a finding of intoxication.

The Rhomberg Balance Test: The accused assumes a position of attention, closes their eyes, tilts back their head and counts to 30. At this time the officer is looking for the inability to stand still or steady, body or eyelid tremors, opening of the eyes to maintain balance, swaying, muscle tension, or statements made by the accused. The officer is also testing the accused’s sense of time, which will usually be slower in the case of alcohol or depressants, or fast in the case of stimulants.

Horizontal Gaze Nystagmus Test: This test is performed when the officer attempts to estimate the angle at which the eye begins to jerk ("nystagmus" is medical jargon for a distinctive eye oscillation). The officer will position an object (such as a pen) 12 inches away from the driver’s face. If nystagmus occurs sooner than 45 degrees, it theoretically indicates a blood-alcohol concentration over .05%. The smoothness of the eyes tracking the penlight (or finger or pencil) is also a factor, as is the type of jerking when the eye is as far to the side as it can go.

Preliminary Alcohol Screening: The officer uses a portable breath device to determine the presence of alcohol in the system.

Why Do I Need a Phoenix DUI Lawyer?

These tests are supposedly designed to check "divided attention," a critical skill in operating a motor vehicle. However, there are many people who, for many innocent reasons, cannot perform these tests to the officer's satisfaction, and pay the price with a DUI arrest.  In addition, these tests are scientifically unreliable and highly inaccurate. The outcome of the test is very subjective, as it is based entirely on the discretion and personal opinion of the officer who is administering the test.

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