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Frequently Asked Questions

I have a previous DUI (minor offence). What do I need to do to cross the border into Canada?

Big North Lodge & Outposts - Frequently Asked Questions
In Canada, a DUI is considered a criminal offence. If the DUI is older than 10 years with no other offences, then you are deemed rehabilitated and should have no difficulties crossing the border. If the DUI is between 5 and 10 years old, there are certain steps that you need to take to apply for rehabilitation and admissibility into Canada.

How serious is DUI/DWI?

Criminal Law and Defense FAQs.
Driving a motor vehicle Under the Influence of alcoholic beverages or a controlled substance (DUI) is a misdemeanor that is taken very seriously by prosecutors in the State of Florida. A first conviction requires by Florida Statutes that a person be placed on probation, complete 50 hours of community service, complete DUI school, complete a substance abuse course, attend the VIP (victim impact panel), and pay several hundred dollars in fines and court costs (the fine itself is between $250. See similar questions...

Do I have to take the DWI DUI breath test?

Houston Texas DWI Lawyers: Houston DUI Attorneys, DWI/DUI Ch...
You cannot be physically forced to take the breath test. The law in Texas provides that if you refuse to give a specimen, your license may be suspended for at least 180 days, even if you beat your Houston DUI DWI case. The refusal may also be admitted as circumstantial evidence that you were intoxicated. A skilled Houston DUI lawyer can also show how the refusal is evidence of sobriety! See similar questions...

WHAT IS THE WORST THING THAT CAN HAPPEN IF I AM CONVICTED OF DWI DUI?

Houston Texas DWI Lawyers: Houston DUI Attorneys, DWI/DUI Ch...
If you've never had a Houston DUI DWI (or anywhere else), then the law allows up to 180 days in jail, and a fine of up to $2000. The maximum punishment rarely happens, but it is possible if you aren't represented by a competent DWI DUI lawyer. Either way, your license can be suspended. Once convicted of a Texas DUI DWI, you will have to pay Texas DPS a minimum of $1000 per year for the next three years just to keep your license. See similar questions...

WHAT HAPPENS TO MY INSURANCE IF I AM CONVICTED OF DWI DUI?

Houston Texas DWI Lawyers: Houston DUI Attorneys, DWI/DUI Ch...
Most insurance carriers will kick you into an expensive high risk company, or just raise your rates. Insurance rates generally increase by 300-500% following a DWI DUI conviction. Remember, just because you are arrested for DWI DUI does not mean you will be convicted. Hire a proven Houston DWI DUI lawyer. Yes and no. A police officer may require you to exit your vehicle if you are lawfully stopped. See similar questions...

WHO DESIGNED THE DWI DUI SOBRIETY TESTS?

Houston Texas DWI Lawyers: Houston DUI Attorneys, DWI/DUI Ch...
Police officers designed the DWI DUI sobriety tests. The DWI DUI tests were not designed by doctors, or physical therapists, or toxicologists, but street cops. Almost all of the DWI DUI sobriety tests place the subject in an unbalanced or unnatural position and if the person demonstrates virtually any imperfection in balance, they are held by the officer to be "impaired." The eye test officers give is not a test to see if the pen can be followed. See similar questions...

What are some mistakes the DWI DUI breath test can make?

Houston Texas DWI Lawyers: Houston DUI Attorneys, DWI/DUI Ch...
The DWI breath test machine doesn't necessarily make many "mechanical" mistakes per se. The machine is just programmed to make dozens of assumptions that do not necessarily apply to any individual being tested. These assumptions include: ANY INACCURATE ASSUMPTION IS MULTIPLIED BY A FACTOR OF ABOUT 2,593. (The machine measures an assumed . See similar questions...

What is the difference between DWI and DUI?

Virginia DUI FAQs | Albo & Oblon LLP
Driving while intoxicated (DWI) and driving under the influence (DUI) in some states are separate offenses. Generally, DWI is the more serious offense involving a person who is under a greater amount of intoxication. DUI usually refers to a person who is driving under a low or moderate amount of intoxication. Another approach is separating these offenses by the procedure used to convict someone. For example, sometimes the term DWI is used to refer to a "per se" statutory test. See similar questions...

I was arrested in Massachusetts for a DUI / DWI, but I live out of state. What do I need to know?

Massachusetts DUI FAQ - More MA OUI Drunk Driving Arrest & P...
You'll have to face the charges here in Massachusetts, and you'll need to have a Massachusetts lawyer represent you. I'm sure it can be difficult to get here, especially for multiple court dates, but it will be necessary in most cases. As far as license suspension considerations, if you have an out of state license, a suspension in Massachusetts will affect your drivers license, although official notification is sometimes imperfect. Call me for details. See similar questions...

IS DUI AND DWI THE SAME THING?

Premier lawyer for DUI, speeding, radar,driving on revoked l...
Yes. Driving Under the Influence ("DUI") or Driving While Intoxicated ("DWI") are two of the terms used by various states to mean drunk driving. Drunk driving is considered a serious offense in all states. Drunk driving is considered a serious offense in all states. The DUI statute in the state where the violation occurred will determine the extent of the punishment for a first-time offender. See similar questions...

What is the difference between DWI and DUI in Texas?

FAQs Texas DWI Questions (Driving While Intoxicated in Texas...
Under Texas law intoxication includes the introduction of alcohol, or a controlled substance, a drug, a dangerous drug, or any combination of two or more of those substances, or any other substance into the body. In other words, Driving While Intoxicated includes all substances including alcohol. While “Driving Under the Influence” or DUI in Texas is an offense that involves minors. See similar questions...

I WAS ARRESTED FOR DWI DUI AND I REFUSED THE BREATH TEST. WHAT WILL HAPPEN TO MY LICENSE?

Houston Texas DWI Lawyers: Houston DUI Attorneys, DWI/DUI Ch...
Your license is not suspended yet, and will not "automatically" be suspended. An experienced Houston DWI lawyer can often prevent the license suspension from ever occurring. Generally the police will confiscate your physical license when you are arrested for DWI DUI and give you a piece of paper labeled "NOTICE OF SUSPENSION - TEMPORARY DRIVING PERMIT" This is legally your license until one of two things happen.: 1. See similar questions...

I TOOK THE DWI DUI BREATH TEST AND IT WAS OVER THE LIMIT. IS MY CASE HOPELESS?

Houston Texas DWI Lawyers: Houston DUI Attorneys, DWI/DUI Ch...
There is always hope if your DUI lawyer is not scared of those numbers and knows all the ways those numbers can be wrong. The DWI DUI breath test used by police in Texas does not measure alcohol specifically, and can make many types of errors. Jim Medley is an expert in DUI DWI breath testing and knows how to examine the breath testing records to identify whether the machine that produced it was working improperly or if there are other reasons to believe the number it printed out was inaccurate. See similar questions...

DO I HAVE TO TAKE DWI DUI FIELD SOBRIETY TESTS IF REQUESTED BY AN OFFICER?

Houston Texas DWI Lawyers: Houston DUI Attorneys, DWI/DUI Ch...
No. There are no legal consequences to refuse DWI DUI sobriety tests in Texas law. You are never required to prove you are NOT committing a crime. At worst, the government will try to use your refusal as evidence that you thought you were DWI DUI if your DWI DUI case goes to trial. No one should ever attempt these tests without first consulting a DWI DUI lawyer for advice. See similar questions...

I WASN'T DRINKING, BUT I WAS TAKING PRESCRIPTION MEDICATION. CAN I BE CHARGED WITH DWI DUI?

Houston Texas DWI Lawyers: Houston DUI Attorneys, DWI/DUI Ch...
Yes, if the medication is capable of causing impairment. Often, the police will assume impairment is caused by a medication if you admit to taking anything. Officers are not trained in which medications or even illegal drugs can cause impairment. Common prescription medications that can cause impairment include: Xanax, Valium, Hydrocodone/ Vicoden, Soma, and Codein. Many other drugs do not impair mental or physical faculties and cannot be the basis of a DWI DUI charge. See similar questions...

DO I HAVE TO TAKE DWI DUI FIELD SOBRIETY TESTS WHEN AN OFFICER ASKS?

Houston Texas DWI Lawyers: Houston DUI Attorneys, DWI/DUI Ch...
Absolutely not. You never have to prove to an officer or anyone that you are not committing a crime. The law presumes you are innocent until the police can prove that a crime has occurred. Most officers will probably arrest you anyway, but if you agree to take these balance tests and you do not perform perfectly, you will likely be arrested anyway, and then your imperfect DWI DUI test performance will be used in court to try to prove you were DWI DUI. See similar questions...

How does the DWI DUI breath test measure how much I had to drink?

Houston Texas DWI Lawyers: Houston DUI Attorneys, DWI/DUI Ch...
That's the trick! It doesn't! The breath test machine does nothing more than measure the absorption of infrared (IR) light at one wavelength. The wavelength of IR light that is measured are known to be wavelengths absorbed by the excitation of single hydrogen-carbon chemical bonds. Any single hydrogen-carbon bond will absorb IR light at those same wavelengths. There are hundreds of chemicals that have those chemical bonds other than alcohol, but the machine will assume they are alcohol. See similar questions...

What defenses are there in a DUI / DWI case?

Frequently Asked Questions About DWI / DUI Defense
Potential defenses in a given drunk driving case are almost limitless due to the complexities of the offense. Roughly speaking, however, the majority can be broken down into the following areas: 1. Driving. Intoxication is not enough: the prosecution must also prove that the defendant was driving. This may be difficult if, as in the case of accidents, there are no witnesses to his being the driver of the vehicle. Probable cause. See similar questions...

How long will a DWI be on my record?

Common Texas DWI Questions — Steven C. Lee 512-236-130...
For the rest of your life, unless you receive a pardon from the governor or the legislature changes the laws regarding the expunction of records. See similar questions...

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