DUI Laws are getting tougher.

The trend has been toward tougher sentences for DUI convictions and tougher laws. With most state’s budgets really pinched, we may see a leaning toward sentences that don’t involve prison time, but legislatures aren’t going to stop listening to what they believe the public wants. DUI laws are going to remain tough, and they aren’t going to go away.

Organizations like MADD (Mother’s Against Drunk Driving) are well organized and make sure they are heard. When someone has lost a loved one, they really don’t care if the “drunk driver” never had a DUI before. They want someone to pay!

The trend is toward requiring ignition-interlock devices even if this DUI is the first conviction. MADD is actually pressing for ignition-interlock devices on all cars as mandatory equipment. This would be great for manufacturers of these breath-analyzers, but it would prove a terrible inconvenience to ordinary people. One man in Australia couldn’t start his car after eating an ice cream cone! Other foods can cause false positives, too.

So why is this trend gaining popularity? Zero tolerance has grown as media has focused on the disparity between drunk drivers surviving car accidents and sober drivers not surviving. The US allows 0.08% BAC (blood alcohol concentration). Some countries in Europe only allow 0.02%. That may be where this country is heading.

How can a DUI Lawyer help you?

In this hostile environment, how are you going to fare in front of a judge? Many people think that their case is hopeless, so why bother with hiring a lawyer. The reality is that hiring a lawyer is the best thing you can do. Here’s why:

1) A DUI lawyer knows that time is your enemy. In most states, you have only 10 days to request a DMV hearing. Fail to do that, and you lose your driving privileges. For most people, that means losing their job. A lawyer who specializes in DUI cases will deal with all that paperwork efficiently.

2) A DUI lawyer also knows that the breathalyzer may be your enemy. Your conviction is often based almost entirely on the results of the breathalyzer test. Remember the false-positive ice cream test? Other health issues can cause false readings—GERD, heartburn, and acid reflux disease. Some states allow the test to be administered several hours after arrest, assuming that if by that time you still have a 0.08% BAC, you had an even higher BAC when they arrested you. You may have had an upset stomach that gave a high reading both times.

3) A DUI lawyer also knows how to negotiate on your behalf. Your lawyer is going to make sure that the police officer had a valid reason for stopping your vehicle. Was the evidence adequate to initiate an arrest? Were field sobriety tests (FSTs) given properly? Was additional chemical testing done and were proper procedures followed? Could the inability to pass a field balance and coordination test be explained by a preexisting condition?

As an expert in DUI law, a lawyer can take a case that seems hopeless to you, and reveal how borderline the situation actually is. Don’t consider entering a guilty or no-contest plea until you have spoken with a DUI attorney.