South Dakota – s DUI Guide #sd #dui #laws, #south #dakota #dui #attorneys #and #lawyers, #dws, #dwi, #misdemeanor, #felony


I just got arrested for a State of South Dakota DUI charge. What happens next?

ISSUE ONE:The South Dakota Implied Consent / Administrative License Revocation Proceeding: Under South Dakota law, any person who operates any vehicle in the State of South Dakota is considered to have given consent to the withdrawal of his or her blood or other bodily substance and chemical analysis of the person s blood, breath, or other bodily substance to determine the amount of alcohol in the person s blood and to determine the presence of marijuana or any controlled drug or substance or any substance ingested, inhaled, or otherwise taken into the body or any other substance that may render a person incapable of safely driving.

This is known as South Dakota s implied consent law.

Pursuant to South Dakota s implied consent law, your South Dakota drivers license (or your right to drive in South Dakota if you re not a South Dakota licensed driver) was likely revoked for one year if you refused a chemical (breath / blood / urine) test. This revocation typically starts on the 120th day following your SD DUI arrest.

Read your paperwork carefully. If you act within 120 days, you can request a hearing from the secretary of public safety to challenge this proposed administrative revocation. If the secretary of public safety finds that the police officer complied with the law and the refusal was made, the secretary will revoke your license to drive and (or your right to drive in South Dakota if you did not have a valid South Dakota license at the time of your arrest).

Speak to your South Dakota attorney for more information about contesting your administrative (implied consent) license revocation.

ISSUE TWO:The South Dakota DUI Criminal Case: Separate from the administrative license proceeding is the criminal charge for driving under the influence (DUI). In South Dakota, it is unlawful to drive or be in actual physical control of any vehicle while:

(1) There is 0.08 percent or more by weight of alcohol in your blood as shown by chemical analysis of your breath, blood, or other bodily substance (sometimes known as a per se DUI);

(2) You are under the influence of an alcoholic beverage, marijuana, or any controlled drug or substance not obtained pursuant to a valid prescription, or any combination of an alcoholic beverage, marijuana, or such controlled drug or substance;

(3) You are under the influence of any controlled drug or substance obtained pursuant to a valid prescription, or any other substance, to a degree which renders you incapable of safely driving; or

(4) You are under the combined influence of an alcoholic beverage and or any controlled drug or substance obtained pursuant to a valid prescription, or any other substance, to a degree which renders the person incapable of safely driving.

If you are under twenty-one years of age. it is unlawful to drive, operate, or be in actual physical control of any vehicle:

(1) If there is physical evidence of 0.02 percent or more by weight of alcohol in the person s blood as shown by chemical analysis of the person s breath, blood, or other bodily substance; or

(2) After having consumed marijuana or any controlled drug or substance for as long as physical evidence of the consumption remains present in the person s body.

Important: The implied consent / administrative license revocation proceeding and the criminal DUI case are completely separate from one another.

Will my South Dakota driver license be suspended or revoked?

RELATED TO ISSUE ONE ABOVE: Your South Dakota driver license (or your right to drive in South Dakota if you do not have a valid South Dakota license) may be revoked in the implied consent proceeding for refusing a chemical test for alcohol and / or drugs. This revocation is for one year.

Again, you may challenge this proposed revocation in an administrative hearing this revocation if you make a timely hearing request.

RELATED TO ISSUE TWO ABOVE: If you are convicted of the DUI charge, your South Dakota license (or your right to drive in South Dakota if you don t have a valid license) for between 30 days and three years depending on your DUI / DWI history.

What happens if I get caught driving while my license is revoked?

Driving while your license is revoked for a test refusal or a DUI conviction should be avoided, as it is a separate criminal offense. If you have more than one DUI conviction in the past 10 years, and you are convicted of driving after a revocation, you face mandatory jail time.

I really need to drive. Will I be able to get a restricted license / work permit / occupational / conditional / probationary permit?

If you re convicted of the DUI charge, the court has the discretion to authorize limited driving privileges for the period of your revocation. If granted, these privileges generally allow you to operate a vehicle for purposes of employment, sobriety testing, school attendance, and for counseling programs.

If you re revoked for refusing a breath test, the secretary of public safety may authorize you to drive for employment purposes.

What is the difference between a DUI, DWI, OWI, OUI etc.

These terms are all acronyms that refer to the crime commonly known as drunk driving. Different states have different names for the crime. For example, in Iowa the acronym OWI (operating while impaired / intoxicated) is used; New York, Texas and other states use the term DWI (driving while intoxicated); Oregon uses the term DUII (driving under the influence of an intoxicant). South Dakota law refers to: driving under the influence (DUI) and actual physical control (APC).

Is a DWI offense in South Dakota a misdemeanor or felony charge?

In South Dakota, a first or second DUI conviction within a 10 year period is a misdemeanor charge. If you are convicted of a third or subsequent DUI within a 10 year period, it is a felony offense.

What type of penalties might I face if I am convicted of an South Dakota DUI / Aggravated DWI charge?

Upon conviction of an South Dakota drunk driving offense, a defendant can receive a variety of penalties. A range of penalties is set forth below:


Minnesota’s Implied Consent Laws: The Consequences of Refusing to Submit to DWI Chemical Testing #minnesota #dui #law


Minnesota’s Implied Consent Laws: The Consequences of Refusing to Submit to DWI Chemical Testing

Minnesota, like all other states, has “implied consent” laws. “Implied consent” refers to the implicit agreement that drivers make—by driving on Minnesota roads—to consent to take a chemical test to determine the presence of drugs or alcohol.

A driver is required to submit to testing if an officer has probable cause to believe the driver is intoxicated and one of the following conditions must exist:

  • the officer lawfully arrests the driver for DWI
  • the driver was involved in a collision involving property damage, injury, or death
  • the driver refused to take a preliminary breath test (PBT), or
  • a PBT indicates the driver has a blood alcohol concentration (BAC) of .08% or more.

Before administering the test, the officer must advise the driver of the consequences for refusal. The officer must also inform the driver of the right to contact an attorney and give the driver a reasonable amount of time to do so. However, the driver can’t use this right to unreasonably delay the chemical test. (There’s no predetermined amount of time an officer must give a driver to contact an attorney. But case law suggests 20 to 30 minutes is reasonable.)

(Minn. Stat. Ann. §§ 169A.20, 169A.51 (2016); Nelson v. Comm’r of Pub. Safety, 779 N.W.2d 571 (2010).)

Refusing to Take the Test

Minnesota statutes provide criminal and civil/administrative penalties for test refusal. However, recent court decisions have found certain criminal penalties for test refusal to be unconstitutional. As a result, refusal to take a blood or urine test can no longer be criminally prosecuted. Criminal penalties may be imposed only for refusing a breath test.

Criminal penalties. Typically, a first-time DWI offender is guilty of a misdemeanor (a fourth-degree DWI). But a first DWI that involves a breath test refusal is a gross misdemeanor (a third-degree DWI)—a more serious offense. The increased criminal penalty serves as a statutory incentive to take the breath test.

The maximum penalty for a gross misdemeanor is one year in jail and a $3,000 fine. A second DWI that involves a test refusal is also a gross misdemeanor but is considered second-degree DWI. Second-degree DWI can result in vehicle forfeiture (a civil penalty).

Civil/administrative penalties. The civil/administrative penalty for refusing to take a chemical test is loss of your driver’s license for one to six years. The length of the revocation or cancelation period depends on your DWI history.

Test refusal can result in a longer revocation period than test failure. For instance, a first-time DWI test failure (with a BAC under .16%) results in a 90-day revocation, whereas a first refusal leads to a one-year revocation. For a second DWI, a test failure (with a BAC under .16%) results in a one-year revocation; while a refusal involves a revocation of two-years.

(Birchfield v. North Dakota, 136 S. Ct. 2160 (2016); State v. Thompson. 886 N.W.2d 224 (2016); Johnson v. Comm’r of Pub. Safety. 887 N.W.2d 281 (2016).)

Deciding Whether to Take the Test

The implied consent law is designed to encourage persons to take the chemical test. The law does this by making test refusal a crime (for breath test refusal) and imposing longer license revocation periods for motorists who refuse testing. So declining an officer’s request to take a chemical test can result in harsher sanctions than you’d otherwise be facing. But there might also be circumstances where refusal is in your best interest. Because every situation is different, it’s best to consult an attorney if faced with this decision.

Getting Legal Help

Minnesota DWI law is complex, and facts of every case are different. If you’ve been arrested for driving under the influence, talk to an experienced DWI attorney in your area. A qualified DWI lawyer can tell you how the law applies to the facts of your case and help you decide on the best course of action.

Talk to a DUI Defense attorney

Fresno DUI Attorney – (800) 500-5342 #dui #lawyers #in #fresno #ca


Fresno DUI Attorney

Fresno DUI Attorney

We know how scary being arrested for Driving Under the Influence can be. We also know that the legal issues that arise with a DUI arrest can be just as scary. That s where we come in. Our DUI attorneys are here to make the DUI process as painless and stress free as possible. With over 35 years of experience in California, we are able to do this very effectively. You need an experienced DUI attorney to devise an efficient and successful defense for your DUI. If you are facing charges for DUI in the Fresno area, our DUI attorneys are here to help! We are in court every day fighting for dismissal or reduction of DUI charges.

Stay Out of Jail. Avoid Going to Court, chose the right Fresno DUI Atttorney.

Our Fresno DUI Attorneys specialize in minimizing the consequences of your DUI and the resulting stress. This begins with getting and keeping you out of jail. In addition to avoiding jail, one of the many advantages to having an Earl Carter DUI attorney fight for your DUI is that in most instances, we can appear in court for you. Avoiding court appearances can significantly reduce the time, stress, and expenses involved in resolving your DUI case. Finally, our DUI lawyers have a talent for winning in court and DMV hearings. In most cases, we are able to get DUI charges dismissed or reduced, where appropriate, through aggressive representation during negotiations and trial

The right Fresno DUI Attorney can Save Your License

For many people facing DUI penalties, the potential License Suspension often causes the most problems. Fortunately for you, the Law Offices of Earl Carter are confident that we win more DMV hearings than any other firm or DUI lawyer in California. While many attorneys may be well prepared to represent you on your DUI in court, very know how to prepare for the DMV hearings. We stand out from the rest because we understand how the DMV hearings work and we are proven winners both in court, and in the Department of Motor Vehicles hearings.

You Have Only 10 Days From the Date of Your Arrest to Schedule a DMV Hearing.

When you are arrested for a DUI you will have your license confiscated and you will be given a pink temporary license. You have ONLY 10 days from the date of your arrest to schedule a DMV hearing at which a Fresno DUI attorney will challenge the potential suspension of your license. If you do not schedule a DMV hearing in time, your license will be automatically suspended 30 days from the date of your arrest. Do not miss the chance to have an experienced DUI Attorney fight for your driving privilege. Call us today and we can schedule your DMV hearing for you.

Fresno DUI Attorneys of Earl Carter Associates

The criminal lawyers at Earl Carter Associates have been defending criminal cases in Fresno, CA for over 35 years. Their experience and knowledge encompasses all criminal defense practice areas including dui, drug crimes, welfare fraud, domestic violence, traffic, tickets, and more. Earl Carter is the best Fresno Criminal Attorney and their criminal defense lawyers will aggressively defend your case. They have Spanish speaking Abogados en Fresno. Specifically with DUI s, Earl Carter has been defending DUI cases since 1975 and they have more experience and win more DMV hearings than most any other DUI Attorney. Earl Carter is known as the best DUI Attorney in Fresno and provides assistance every step of the way.

Free Case Evaluation, Call Now! (800) 500-5342

The Law Offices of Earl Carter Associates are located in the heart of Fresno CA to conveniently defend you against your Criminal Driving Under the Influence and various other cases. We are the premier defense attorneys in Fresno County with years of Experience thousands of satisfied clients. Tell us how we can help you, and call us today for a Free Consultation at (800) 500-5342. If you would just like to learn more about our services, take a look and browse below..

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A. Dale Naticchia, Cleveland Akron Criminal Defense Lawyer

I have been practicing law in the Cleveland Ohio area for almost 25 years. The last 10 years have been devoted to defending drunk driving cases. You are probably contacting a DUI defense attorney because you have been charged with drunk driving or as it is now called OVI. Being an OVI defense attorney, I know you have suffered probably the most traumatic and degrading event you have ever experienced.

You were handcuffed, put in the back of a police cruiser, fingerprinted. photographed and put in a cell. Your license has been taken away and you cannot legally drive. I want you to know that you are not a criminal. I would venture to say that at least 95% of the population, including judges, prosecutors, and even OVI/DUI attorneys have committed the crime that you are now charged with.

From here on out you will no longer be treated like a criminal, you will be treated with the dignity respect that all citizens deserve.

I know and study the ever changing laws relevant to criminal drunk driving DUI/OVI charges. Equally important, I know the Cleveland area judges and prosecutors. Every judge views and handles a drunk driving case differently. By way of example, some courts require specific procedures to have your impounded vehicle returned while others do not. The same is true concerning granting occupational privileges.

One of my first goals in representing my clients is to have their vehicles returned to them and getting them back on the road legally so they can get on with their lives. Once those goals are accomplished I take the legal procedures that protect your rights as any OVI/DUI lawyer should. I am available 24/7.

Badges and Ratings

Joe Edwards Criminal Defense Attorney Columbus, Ohio #columbus #ohio #criminal #defense, #criminal #defense #attorney, #defend #criminal #charges, #columbus #defense #lawyer, #weapons #charges #lawyer, #gun #charges #attorney, #drug #charges #lawyer, #drug #charges #attorney, #fraud #charges, #domestic #abuse, #dui, #ovi, #franklin #county #defense #attorney, #franklin #county #defense #lawyer


Criminal Defense Attorney in Columbus, Ohio

Everyone’s story begins differently. It could start with a D.U.I charge after a friend’s party, a knock at the door by federal agents armed with a search warrant, or a certified letter from the IRS. No matter how unexpectedly, when the Government accuses you of wrongdoing, your life can change dramatically.

Our firm understands that your case is not just about your good name and integrity but also your career, finances, family and freedom. We understand that facing the judicial system can seem frightening and overwhelming, but you need not do it alone. For 25 years, the law firm of W. Joseph Edwards has helped clients navigate the system during troubled times. Many of our clients believed all hope was lost and were ready to give up before entering our office. We helped show them that the process may seem daunting but good results are possible.

Our job as your lawyer is to listen, understand, offer encouragement educate and explore all possible alternatives to a conviction and/or sentence of imprisonment. We understand that our clients are people and not just defined by an indictment or accusation. Our dedication to every client means we will continue to fight for you until the best possible result is obtained.

We get results through experience, skill, creativity, and hard work. In addition, we pride ourselves on an up to date knowledge of the cyber techniques law enforcement uses to investigate cases to ensure that the constitutional rights of our clients are protected.

Before hiring another firm, give us a call or send us an email for a free consultation.

Wea pons Charges

Weapons charges can result from a wide array of situations, including concealed permit holder violations, having a weapon under disability. carrying concealed weapons. as well as a number of other charges. Weapons laws in Ohio are complex and serious in nature. If facing weapons charges in Central Ohio, it is important to retain a Columbus, Ohio criminal defense attorney who is experienced with OH weapons laws and defending weapons charges.

Are you or a family member facing criminal charges in the State or Federal Courts of Ohio? W. Joseph Edwards is a Columbus, Ohio based Criminal Defense Attorney representing clients for felony and misdemeanor charges including Assault. Drug. Theft, Sexual Assault. White Collar. and D.U.I. charges in courts throughout Ohio.

Drug Crimes

A person can be charged with drug offenses in either State or Federal Court. Drug charges can range from Possession. Trafficking. Cultivation of Marijuana, Corrupting Another with Drugs, and Deception to Obtain Dangerous Drugs.

Ohio DUI/OVI Charges

In Ohio, DUI. OVI and OMVI are all the same offense and involve consuming alcohol or a drug, like marijuana, to a degree that it affects to drive a motor vehicle, boat or bicycle. D.U.I.

White Collar Criminal Charges IRS Matters

These offenses deal with business type crimes like Bank Fraud, Mortgage Fraud, Identity Theft, Tax Fraud, Tax Evasion, and other Theft Offenses including Cyber and Computer Crimes.

Automotive Laws – Traffic Attorneys #mesa #dui #attorney



SUMMARY: Laws and Attorneys

You may need to hire an attorney or research a particular law after receiving a traffic ticket. being charged for driving under the influence of alcohol (DUI), buying a lemon vehicle. or sustaining injuries in a car accident.

On this page, you’ll find resources and direct links to information about attorneys, traffic tickets, driver and vehicle-related laws, and more.

Hire an Attorney

If you find yourself in a situation where you need to appear in court, hiring an attorney specializing in your type of case could be a smart move.

Traffic Ticket Attorneys

If you were recently charged with a traffic violation, you may want to consider hiring a traffic ticket attorney to represent you in court. Depending on the nature of your offense, a lawyer may be able to help you:

  • Reduce your fines.
  • Dismiss the charges.
  • Prevent points from going on your driving record .
  • Avoid an increase in your car insurance.

To learn more about how to fight your traffic ticket in court, visit our Fighting Traffic Tickets page.

Personal Injury Attorneys

If you are injured in a car accident, you may want to think about hiring a personal injury attorney.

A personal injury attorney can:

  • Explain your rights and entitlements.
  • Represent you in court.
  • Help you obtain financial compensation for your injury.

To learn more about how a lawyer can help you and to find one today, visit our Personal Injury Attorneys page. You’ll also find tips to help you choose an attorney.

DUI DWI Attorneys

Driving under the influence of alcohol or drugs (DUI)—also called driving while intoxicated (DWI)—could lead to some very serious penalties, such as heavy fines, a driver’s license suspension, and even jail time.

If you’re charged with a DUI, an attorney can help by representing you in court and:

  • Getting your charges reduced.
  • Explaining your charges to you.
  • Explaining your state’s DUI law.
  • Explaining how to satisfy your sentence (e.g. completing an alcohol and drug awareness course).

To learn more hiring a lawyer to represent you, please visit our DUI Attorneys page and select your state.

Lemon Law Attorneys

Getting stuck with a lemon vehicle can be stressful. Fortunately, you may be entitled to a refund or replacement vehicle depending on your situation and your state’s lemon law.

If either the dealership or manufacturer is unwilling to negotiate a settlement, you may need the help of a lemon law attorney .

Driver and Vehicle Laws

Before you get on road in your state, make sure you’re aware of all the traffic and vehicle laws you must follow.

Suspended Driver’s Licenses

Depending on your state, your driver’s license may be suspended for a number of reasons, including:

  • Committing a DUI/DWI.
  • Accumulating too many points on your driving record .
  • Failing to pay court fees.

Some states offer restricted licenses to allow you to drive to and from work/school even while your license is suspended.

To learn more about suspended licenses, how to reinstate your driver’s license, and how to apply for a restricted license, read our Suspended License or CDL Suspensions (for commercial drivers) pages.

Traffic Tickets DMV Point System

Traffic laws vary from state to state and penalties for violating these laws can vary depending on the county where you were ticketed.

Visit our Traffic Tickets page to learn more about:

  • How to pay your traffic ticket.
  • Fighting your traffic ticket.
  • What to do if you’ve lost your traffic citation.

Depending on your state, you may also find details about unpaid parking tickets, speeding tickets, red light tickets, or driving without insurance.

If you’ve recently been convicted of a traffic violation, your state may have added points to your driving record. For specific details about how your state handles driving record points, please see our DMV Point System page.

Safety Laws Child Safety Seats

Motor vehicle safety is an important issue that affects every driver on the road. Some safety laws that you may need to follow include:

  • Wearing a helmet while riding motorcycle.
  • Wearing a seat belt in a car.
  • Seating your child in an approved child safety seat.

To learn about the safety laws in your state, including cell phone laws, please visit our Safety Laws page.

DUI Laws

Depending on your DUI charge and age, you could face severe fines and penalties, including:

  • A license suspension.
  • Court fees.
  • Mandatory completion of DUI classes.
  • Community service.
  • Installing an ignition interlock device in your vehicle.
  • Filing an SR-22.

While most states have a blood alcohol concentration (BAC) limit of 0.08% (may be lower for less experienced or younger drivers), DUI laws vary, so be aware of your state’s regulations.

For information about DUI laws in your state, please read our DUI DWI page.

Lemon Law

Each state has a lemon law to protect you from vehicles with continued mechanical issues. Most lemon laws only apply to new vehicles, but some states also cover used vehicles.

To learn more about your state’s lemon law and if your vehicle qualifies, visit our Lemon Law page and choose your state.

Insurance Requirements

Most states require that you carry minimum insurance coverage in order to legally operate your vehicle.

It is common for states to require liability insurance for:

  • Injury/death to one person.
  • Injury/death of multiple people.
  • Damage to property.

Insurance requirements vary from state to state. Visit our Car Insurance page to learn what coverage you must have in your state.

DMV Resources Publications

Below you’ll find a list of useful resources and publications related to the DMV.

Driver’s Handbook

Before you can get a learner’s permit or driver’s license, you must learn the rules of the road and traffic laws in your state. Each DMV agency offers its own driver’s handbook. The written test (also known as a “knowledge exam”) is based on material from the driver’s manual.

Visit our Driver’s Handbook page and select your state for more details.

Motorcycle Handbook

If you’re in the process of applying for a motorcycle license, please visit our Motorcycle Handbook page to learn more about the requirements in your state.

It outlines details about rules of the road, traffic laws and road signs, motorcycle safety, gear, and more.

Vehicle Code

Every state offers a Vehicle Code, which includes all of the laws and regulations concerning vehicles. Topics include:

  • Rules of the road.
  • Safety regulations.
  • Vehicle registration and titling.
  • Driver’s licenses.
  • Car insurance.
  • Bicycle laws and rules.

Please visit our Vehicle Code page for specific details.

Bellevue DUI Attorneys DWI Lawyers Drunk Driving DWI Criminal Law #dui #attorney #seattle #wa


Washington State DUI and Criminal Defense Lawyers

Robert Ault Jeffrey Veitch

Seattle DUI Attorneys

With a main office located in Bellevue and a satellite office in Lynnwood, the attorneys at Veitch Ault Associates can conveniently handle cases throughout Western Washington. Our experienced Criminal DUI Lawyers maintain an exceptional practice handling Washington DUI and DWI related matters. The Criminal Defense DUI Lawyers at Veitch Ault Associates have over 30 years of combined experience and should be your choice if you need an aggressive and top-rated Drunk Driving Defense or Criminal Defense Attorney. If you are arrested for drunk driving, or any misdemeanor violation anywhere in Washington State, Jeff Veitch and Robert Ault are here to help. Regardless of the jurisdiction, a highly skilled Criminal DUI Attorney is necessary to help you navigate your way through the complexities of Washington’s tough drunk driving laws. If success is your only option, we hope you will consider one of the Criminal Defense DUI lawyers at Veitch Ault Associates to be your Washington State DUI Attorney.

We keep up with the latest law, science and local issues in DUI and Criminal Defense in Washington State. We are aware of all major developments that can potentially affect your case and driver’s license, as well as the myriad of suppression issues, which have led to the successful defense of many hundreds of DUI cases in King County, Snohomish County, Pierce County, and all cities within. The attorneys at Veitch Ault Associates have been consistently recognized as being at the forefront of Washington State DUI litigation, and routinely obtain outstanding resolutions for their clients. If you are looking for an experienced, professional and reliable DUI or Criminal Attorney, do not hesitate to call 425.452.1600. Thanks to our extensive experience, we will be able to explain the entire process, and remove your fear and uncertainty. Call us AT ANY TIME for a free consultation to educate yourself about your drunk driving arrest or other criminal matters.


Rob was a rockstar! Even though he has many clients and is definitely a busy guy, he makes time for each individual person. From our first meeting I felt very comfortable with him and very informed. He made sure to present every possible obstacle and outcome I could be faced with so I was prepare. Read On

Robert Ault was exactly who I needed in my corner during one of the most challenging times of my life. I was embarrassed and feared the worst possible outcome to the charges. Mr. Ault treated me with respect and provided me with encouragement, and constant communication. I could not be more pleas. Read On

Rob was able to quell my fears and walked me step-by-step through the process. I felt I was fairly represented and Rob’s representation ended in a favorable outcome for me. Read On

Here is what our clients have to say about us: Our Clients Speak

Authors of Defending DUI’S-A Defense Perspective in The Washington Lawyers Practice Manual 2003-2013.

** Comprehensive legal reference set, the Washington Lawyers Practice Manual, is updated annually and designed to provide practitioners statewide with the most current information available. Providing instant access to 25 of the most frequently used areas of Washington, the 2013 publication features 3500 pages of new information this year with in-depth and thorough revisions to most every chapter including extensive updates visible in Appellate Practice, Business Law, Construction Law, Employment Discrimination, Criminal Trial Practice, Land Use and Environmental Law, Probate, Guardianship and Estate Planning, and more.

At Veitch, Ault Associates. our DUI Attorneys regularly represent clients in all of the following jurisdictions as well as others throughout Northwest Washington State: Seattle, Bellevue, Issaquah, Snoqulamie, North Bend, Bothell, Kirkland, Redmond, Kent, Shoreline, Auburn, King County, Snohomish County, Everett, Edmonds, Lynnwood, Arlington, Monroe, Lake Stevens, Pierce County, Tacoma, Lakewood, Skagit County, Mount Vernon, Bellingham, Kittittas County, Cle Elum. Our DUI Lawyers have also represented clients in many additional jurisdictions throughout Washington. We are also listed among the Top DUI Lawyers, with each lawyer in our firm being rated 10/10 Superb by an independent attorney rating service.

For answers to your questions, please visit of FAQ’s page. Frequently Asked Questions.

Check out our DUI Defense and Criminal Defense qualifications at our Attorney Profiles page. Our Profiles

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The Law Offices of Michael Cindrich

One of San Diego County s Top Criminal Defense Attorneys

The Law Offices of Michael Cindrich has earned a strong reputation for providing expert legal counsel in several areas of law including all aspects of criminal defense, medical marijuana and felony arrests. Michael is a former prosecutor so he has strong courtroom and trial experience under his belt. He has the skill, ability and knowledge to protect your rights and defend you in court. He will fight for your rights and provide dedicated legal service to you.

He can assist you in a wide variety of legal matters and he also knows that choosing a lawyer can be a difficult task with so many options available to you. We will always take the time to get to know you as a person and to understand the details of your case. We will explain the potential issues with your case and go over possible strategies and options for moving forward. It is important in any Criminal Defense case that your lawyer is proactive and effective when it comes to working with the DA, judge and court system. You will want someone that takes your situation just as serious as you do and that is what we provide at the Law Offices of Michael Cindrich. Our dedication and experience will help us achieve your goal in navigating the legal process successfully and seamlessly as possible.

As a former prosecutor Michael has a lot of experience handling DUI cases. He has experience working these cases from both sides of the legal system as both a prosecutor and defense lawyer. He knows the legal system and how to navigate it properly for his clients. Since he was a prosecutor he knows how the district attorney will go after you and will spot potential flaws in their case. This is just one of the reasons Michael has been so successful as a criminal defense attorney in San Diego. If you are arrested and charged with a violation of code 23152 or 23153 then give our offices a call for a free legal consultation with one of our attorneys today.

Medical Marijuana is also an area of law that Michael specializes in. He has extensive knowledge and legal experience working with and defending clients who have been arrested or had property seized because of Medical Marijuana. He is a strong advocate for all medical marijuana patients in California and will go to battle for them in the courtroom. He is currently the Executive Director of San Diego County NORML and was nominated to San Diego s Medical Marijuana task force. These are big honors for Michael and shows hit commitment and dedication to the patients he represents.

If you need an attorney that will fight for your rights and be dedicated to your case then give Michael a call today. He takes all of his client work very seriously and you can be rest assured that he will be there for you to protect your rights in court.

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DUI DWI in New Hampshire

Driving while intoxicated (DWI) is a serious traffic violation. The New Hampshire Department of Safety (DOS), Division of Motor Vehicles (DMV), and all law enforcement stress the problem by issuing severe consequences for DWI.

The tests used to assess your DWI condition may be different but the consequences and disciplinary procedures are the same.

Your blood alcohol content (BAC) is important to consider, as well as how you feel and when you decide to drive. Some people will tell you they don’t drive if they have had just one drink. Alcohol is a substance that affects everyone differently; but you can be sure that we all suffer when it comes to our reaction time, alertness, and defensive driving skills.

Being convicted for DWI in New Hampshire doesn’t mean you’ll never have a driver’s license again. Like all traffic violations the DMV Point System plays a role in what happens to your license. Other factors relating to your arrest will influence your case as well as your driving record.

DWI Defined

When you are stopped by a police officer or state trooper, they will tell you why they pulled you over. If you are being assessed for DWI (either roadside or back at the police station) they will offer you the sobriety tests, which include:

  • Breathalyzer
  • Blood test
  • Urine test
  • Balance tests

When you accepted a New Hampshire driver’s license you became subject to implied consent. This concept means that you already agree to take the sobriety tests. But don’t worry, you still have the right to refuse the tests, even under the implied consent rule―you’ll just automatically lose your license for 180 days.

Assuming you’ve taken and failed the sobriety tests, the officer will use the results to charge you with DWI. If your BAC is over 0.08% then you have surpassed the legal limit for driving. However, if your BAC is under 0.08% the officer can still arrest you for DWI if he or she believes your driving skills are influenced. The officer might think your driving skills are affected if you are:

  • Driving too slow or too fast
  • Running over the curb
  • Straddling lanes
  • Passing improperly
  • Starting with a jerk

The rules for commercial drivers are more aggressive because the responsibility and risk when driving a big rig are usually greater than a regular Class D car, truck, or SUV. You should be very familiar with the FMCSA Rules regarding alcohol and commercial drivers.

As a commercial driver you can expect any trooper, DOT official, or police officer to be very upset if you have any alcohol in your blood. In fact, if you have a BAC of 0.04% or over you will be charged with a traffic violation.

Though you have to be 21 years old to purchase or transport alcohol, some drivers are arrested for DWI who are not over 21 years old. The BAC rule for drivers under 21 years old is not 0.08% but 0.02%.

Driving under the influence of drugs may not be as easily detected because there is no alcohol to be measured on your breath. However, the urine or blood test can be used to detect drug levels.

When you think about drugs and driving you need to consider over the counter medications or prescribed drugs that might influence your driving skills. Some cold medications, antidepressants, and other drugs will make you sleepy and decrease your reaction times.

Be conscious of what you are taking and make sure to read the warnings. Many drugs can hamper your safe driving habits; don’t just think of illegal substances like marijuana or cocaine.

License Suspension, Fines, and Consequences

While the courts have their own penalties for driving under the influence or while intoxicated, the DMV also has penalties. Any penalties by the court will be in addition to penalties by the DMV. Penalties will vary depending on whether you are convicted by a court.

The Division of Motor Vehicles penalties may include:

Administrative Penalties

DWI1st and 2nd offense

  • Driver’s license revocation: 90 days to 2 years.
  • SR 22 filing for 3 years.
  • Driver’s license reinstatement fee: $100 (youth operator license $50)
  • 2nd offense may require a Impaired Driver Care Management Programs (IDCMP)*
  • 2nd offense registration may be revoked.
  • Installation of an ignition interlock device.

Driving under the Influence of Drugs 1st and 2nd offense

  • Driver’s license revocation: 90 days to 2 years.
  • SR 22 filing for 3 years.
  • Driver’s license reinstatement fee: $100 (youth operator license $50)
  • 2nd offense may require a Impaired Driver Care Management Programs (IDCMP)*
  • 2nd offense registration may be revoked.
  • Installation of an ignition interlock device.

Transporting Alcoholic Beverages 1st and 2nd offense

  • Driver’s license revocation:
    • 60 days.(1st offense)
    • 1 year (2nd and subsequent offense)
  • SR 22 filing for 3 years.
  • Driver’s license reinstatement fee: $100 (youth operator license $50)
  • 2nd offense may require a Impaired Driver Care Management Programs (IDCMP) *
  • 2nd offense your registration may be revoked.
  • Installation of an ignition interlock device.

*Administrative penalties are in addition to any finding or punishment by the courts for a guilty charge of DWI. If sentenced to attend an Impaired Driver Care Management Programs (IDCMP); you will be responsible for all fees associated with the program.

Subsequent offenses mean even higher penalties by the courts and the DMV.

Appeals and Hearings

You always have the right to a hearing from the Bureau of Hearings. Applying for an appeal is a process that takes some time and because the Vehicle Code can be complicated you may want to hire an attorney. There are many good lawyers who specialize in DWI cases.

Drivers License Reinstatement

After the suspension period has passed, you’ve met all the requirements by the courts and for auto insurance and alcohol treatment, you can apply for reinstatement of your license.

The reinstatement procedure is the same as other DMV Point System violations; unless, of course, you are classified as a Habitual Offender. The Bureau of Financial Responsibility will help you get your through the reinstatement process.

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Illinois criminal defense lawyers in the Chicago area tend to practice alone. These attorneys have little or no backup or staff to help them address the needs of their clients, and you suffer for it. Our law firm works together to find creative ways to win, with one expert criminal defense lawyer taking charge of your case from start to finish, and the support of our entire dedicated team. We focus specifically on Illinois criminal, DUI. traffic ticket defense and expungement throughout the Chicago area. Contact our friendly staff now for help!

Why us for your Illinois Criminal and DUI Defense?

When contacting our Illinois criminal defense attorneys about your case, you ll start with our friendly, knowledgable staff real people who care and understand how to help. The case information you share is protected by attorney-client confidentiality, even before we agree to represent you. If you need an Illinois DUI or criminal defense lawyer in Chicago area courts, we offer free consultations, in person, by phone or video chat, and our compassionate staff can help get you started on a successful defense now. They ve spoken with thousands of people looking for the right legal help, and they re looking forward to your call.

Illinois Criminal defense lawyers working together for you!

Facing criminal charges in Illinois is frightening. People often believe that if they ve been arrested for a misdemeanor or felony offenses like DUI in Illinois, nothing can be done to help. Not so. The experienced attorneys at Fagan, Fagan Davis have been helping people like you for decades obtain better outcomes than they ever thought were possible. You need an Illinois criminal lawyer or Illinois DUI attorney familiar with defense in Chicago area courts. We ve been helping people like you since the 80s. Call on us now.

Experience. Expertise. Commitment.

Here’s one of many videos where our experienced lawyers answer your questions. This Video: How can I prove I’m innocent of a criminal charge? Click here to watch more videos at your convenience.

Illinois criminal defense lawyers Fagan, Fagan Davis have helped people accused of felony or misdemeanor criminal offenses for over four decades. Get the best criminal defense lawyers in the Chicago area on your team – call the same phone number our clients have been calling since 1980.

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Illinois Criminal Defense Lawyers

If accused in the Chicago area, you need the most skilled and experienced Illinois criminal defense attorney possible on your side – lawyers that can provide both sound, impartial advice and excellent trial skills. The potential consequences of criminal charges are life-changing and far reaching. Illinois prosecutors are aggressive, and have extensive resources at their disposal. For example, the Cook County State’s Attorney has over 900 attorneys, investigators and staff available. They prosecute offenses like retail theft. gun charges (UUW), domestic battery, DUI, possession of controlled substances, criminal sexual assault, criminal sexual abuse. possession of child pornography, aggravated battery and countless other criminal offenses.

Whether you face misdemeanor or felony, criminal or DUI in Chicago or the suburbs in Cook county, Lake County or DuPage county, we can aggressively protect your rights at all times and give you options you never thought you had.

You can start getting answers to your questions about Chicago area criminal defense and DUI defense right now by watching our Illinois Criminal and DUI lawyer Video FAQ answering common questions, and then contact us immediately for top quality representation.

We can also help clear your criminal record by petitioning the Court to expunge or seal your Illinois criminal record.

Why choose our Criminal Defense law firm?

It’s about you, not us. Yes, we do a great job for our clients and take great pride in our work over decades in Chicago area trial courtrooms. Yes, we have more than 100 years of combined legal experienced. Yes, we regularly exceed our client’s expectations, and often achieve unexpected success based on our experience and extensive training. And yes, this is all we do. We can help you get the best representation for real estate matters, personal injury or divorce, but we don’t do that here. We know the very best of those attorneys that do.

We defend people’s freedom, and that’s all. Our whole law firm. Devoted to defending you.

The truth is, our practice is focused on you – working to achieve your goals, make sure you are cared for and that your problems are resolved with an eye towards dealing with the consequences that keep you up at night. Our defense is enhanced by our team approach, with each attorney in our law firm bringing his own unique insight, experience, and expert opinion to the table for your benefit, while one experienced criminal defense lawyer bears primary responsibility as the lead trial attorney in your case. We believe that working as a team of dedicated attorneys is the most effective to way to meet our client’s objectives. We live to hear the words “not guilty”. but with every case, we tailor our approach carefully to meet the needs of our clients. After all, in our office, your needs and objectives come first. Even better, we have a first rate in-office staff that is friendly, knowledgable and helpful.

Examples of Misdemeanor and Felony Charges we have experience defending

Our law firm has years of trial court experience defending clients against a vast array of charges. These include DUI, Theft. drug crimes such as possession of a controlled substance or more serious accusations of possession with intent to deliver. drug trafficking, battery. domestic violence, retail theft or shoplifting, sexual assault. criminal sexual abuse, burglary, armed robbery and more. We understand the feeling of shame and devastation, and we are determined to help clients protect their futures and maintain their dignity. That’s why we don’t send ‘jail mail’ or solicitation mail like other law firms.

We also provide clients with powerful felony defense including violent crimes like murder or misdemeanor defense for traffic ticket offenses, to use forensic knowledge to defend breath and blood tests in DUI cases or DNA in sex crimes, and have experience defending white collar and internet crimes as well such as identity theft or embezzlement. or even child pornography charges.

Consequences of a Criminal Conviction

A conviction for virtually any criminal offense, whether classified as a misdemeanor or a felony, may have disastrous effects. Depending on the particular offense, a defendant may face imprisonment in a county or state correctional facility, heavy fines, restitution to the victim, probation, community service, driver’s license suspension. court-ordered counseling, drug or alcohol treatment, sex offender registration, and possibly more. These penalties alone can result in financial ruin, an irreparably damaged reputation and years spent away from friends and family.

A defendant convicted of a criminal offense also faces a difficult future due to his or her criminal record. Finding and maintaining employment is a challenge, and a criminal record may also limit housing and financial opportunities, as well as interfere with basic civil rights such as the right to vote, own or legally possess a firearm, and even may require lifetime registration as a sex offender.

When do I need a Chicago criminal attorney?

Wondering when to involve an attorney in your situation? Yesterday. If you think you might need an attorney, you probably already do. Most people who contact our firm seeking legal advice need representation immediately. It does not matter whether you have already been arrested and/or charged with a criminal offense, your rights and freedom are in jeopardy from the moment you are accused of a crime and law enforcement becomes involved in any way. In some cases, it is even possible to head off the involvement of law enforcement. Although law enforcement may have simply contacted you to request an “interview” for “questioning”, it is important to recognize that you are likely already a suspect. Exercise your right to remain silent and to consult a legal professional.

While it’s best to get an Illinois criminal defense attorney involved immediately, a lawyer can help at any point in the criminal process to protect your Constitutional rights.

If you have been accused or charged with committing a crime, please don’t put your rights and liberties at risk of being taken away. Hiring an experienced criminal defense attorney is the first step you can take to protect your rights and fight for your freedom. What are you waiting for? Call on us for powerful representation today.

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