Category: DUI/DWI

Are DUI laws too harsh? Should repeated DUI be treated as attempted murder?- Guest Post

   

dui lawyer

There are different ways to look at a criminal case, if it has to be driving under influence, there are certain legal terms that would proceed to check how much the person has drunk while driving, and on such basis, the law is not going to be harsh but equal to its standards to fix things accordingly.

For more on the subject of such matters, to find how much the legal terms can punish such person, and to know more how DUI persons should be treated by court, it’s better you come in touch of DUI attorney in Houston, mention the situation, and if the person belongs to your family, better come in their touch and try to solve it.

In the case of a tempted murder, such a situation can be different, often DUI person may have targeted a certain person but it’s not that it was the intention of murder, and in such case to defend yourself it’s better to be in touch of criminal defense lawyer Houston, mention the entire situation and they would help you to come out of it and fix your case despite you have been caught as DUI person.

Before you start to consider that it happened due to a mistake while drunk in driving or such law is harsh for you as a person liable, there are few norms to consider and they may include:

  • Realisation of the accident caused as DUI driver
  • Responses to the injured person while drunk during driving
  • To check how you were treated earlier as a DUI person at the court level

And these are few basic norms that have to be considered and they decide how harsh law should or otherwise in your case as a DUI person responsible for such act.

Legal stature is equal to all

The first thing is very clear to everyone that come under subject of the legal process whether, in the United States or other countries, the legal process is similar for all and if you have acted like a person who was Driving Under the Influence and has caused the accident, then you become the candidate of the person liable and should be punished under certain terms of law according to how much you have been tested.

Depends on the DUI person

As far charging for murder is concerned in regular cases of DUI members involved in more than one accident, it depends on how the accident occurred.

Also, it has to be checked that what the mental state of such person was while he or she tried to do similar acts multiple times while driving under influence, and this way it helps to cross-check and punish easily.

Conspiracy can be another aspect

Besides in the case of driving under influence, conspiracy also dictates terms, sometimes the person was forced to drink and then asked to drop his friends home and in such a process, he or she gets into the trap and becomes part of a legal case while the accident occurred in during such process.

And conspiracy has to be considered while it’s been a case of multiple charges and tempted murder when it comes to a person driving under influence and law should remain the same for such person.

Conclusion

For more on such subjects, to understand how the law works and what is the take of experts on that, and to know how a DUI person should be treated while caught red hand, you better come in touch with a drug crimes attorney Houston, discuss your case and such legal professionals shall look for previous charges and should prepare for trials against such person to settle the legal process as its should proceed.

Also in case of a tempted murder, crime on the scene in presence of DUI person or accident occurred while such person was on complete swift movement, to know how to handle such person to defend him or her, you better come in touch of Criminal defense lawyer Houston, test whether such person really intended to go for murder or it was a different case and such expert would help both sides to fix it with a better understanding of the matter for which you can take their advice and settle for better condition…

Nava Law Group, P.C. is expert in all such criminal cases including the one that comes under DUI case at court. They believe that such cases should be treated equally by the law and our criminal defense lawyers are also available if it was a case of misjudgment and settle it all for your involvement too.

What are The Possible Consequences of DUI for U.S. Immigrants?- Guest Post

   

DUI Immigration

DUI or Driving Under the Influence (of drugs or alcohol) carries harsh penalties, but the consequences are even more dire if you are not a citizen of the United States.

 

Many immigrants think that a DUI offense cannot affect their immigration status, but the truth is that criminal convictions, especially crimes of moral turpitude — which includes DUI, may be enough basis for removal, denial of entry, denial of application of citizenship, and other immigration consequences.

 

Any non-U.S. citizen charged with DUI needs an experienced immigration attorney to help them manage the immigration-related implications of a conviction.

 

Consequences of DUI for Green Card Holders

 

Can a person legal permanent resident status be deported because of a DUI offense? Well, the short answer is YES. Your green card or LPR status cannot protect you against removal from the U.S., especially if you’ve committed a criminal offense, such as a DUI.

 

While one misdemeanor DUI may not put you at risk if being deported, multiple DUIs or a felony DUI can. The common charges associated with a DUI offense such as criminal damage, endangerment, having children in the car, or driving under the influence of drugs can also render you deportable or inadmissible to the United States.

 

Green card holders and LPRs with DUI convictions could be tried in immigration court. If the judge determines that your offense matches any of the grounds for deportability, you can have your green card taken away.

 

Moreover, those with their green card applications still pending approval may find that a DUI on their record can make the entire process longer than usual.

 

Consequences of DUI for Current Visa Holders

 

If you’re in the United States on a valid visa, a DUI arrest could bring severe consequences your way. Both the federal government and immigration authorities take DUI offenses very seriously. Many DUI offenders have had their visas revoked by the State Department and were either deported or required to re-apply.

 

Even if you did not end up having your immigrant visa revoked, a DUI offense could still create problems for you once you leave and then re-enter the United States. A crime on your record could subject you to increased customs scrutiny when reapplying for a visa or, worse, become a ground for inadmissibility and bar your entry into the U.S.

 

According to U.S. Immigration laws, people who have committed crimes of moral turpitude may be ineligible for admission to the United States. Multiple DUI offenses and DUI with aggravating factors typically involve moral turpitude and can make you inadmissible to the U.S. after having left.

 

Consequences of DUI for Undocumented Immigrants and DACA Recipients

 

Those who are in the U.S. without immigration status are already in a very vulnerable position, and a DUI on their record will only put them in a tighter spot. In many parts of the country, immigration officers have been making arrests and deporting people who are both undocumented and with prior DUI.

 

If you’re a DACA recipient or applying for one, committing a DUI offense could likely cost you your DACA status. DACA is a discretionary benefit. Any convictions can affect your DACA eligibility and put you at risk of deportation.

 

Because of the grave consequences of DUI, it’s critical for DACA recipients with DUI charges to work with a DUI attorney who is experienced in mitigating the immigration consequences of driving under the influence.

 

Consequences of DUI on U.S. Citizenship Application

 

As a green card holder, the most natural next step is to apply for a U.S. citizenship. But since one of the primary requirements for naturalization is “good moral character,” a legal permanent resident with a DUI charge will generally have a harder time obtaining citizenship than others.

 

In many states, naturalization is usually denied if the applicant has a DUI or DWAI type conviction within the past five years. For a better shot at getting approved, wait until at least five years since your conviction has passed and you have established a clean record before applying for citizenship.

 

Note, though, that even after five years, a DUI charge can still delay your application for naturalization because the USCIS will likely require you to provide court documents about your conviction/arrest and study the circumstances surrounding it before coming up with a decision.

 

Get Legal Help

 

Any criminal conviction, not just DUI, can have extensive and lasting immigration ramifications. Handled improperly, a DUI charge can lead to deportation or – worse – cost you your U.S. citizenship.

 

To ensure that the immigration consequences of your DUI, or any criminal offense, is given full consideration and does not jeopardize your chances of permanently living and working in the United States, contact an experienced criminal and immigration lawyer for advice.

About the Author

Andrea Williams is the Community Manager at The Law Offices of Alcock & Associates P.C., a premier law group in Arizona that provides legal services to clients involved in Personal Injury, DUI, Immigration and Criminal cases. She enjoys cooking, reading books and playing minigolf with her friends and family in her spare time. 

Aggravating Factors That Will Make Your DUI Even Worse – Guest Post

   

DUI

Getting arrested for driving under the influence is bad enough.

Whether your DUI case is prosecuted under state law or federal law, the consequences are just as serious.

You can always get the services of a local DUI lawyer or a federal charges attorney to improve your chances of avoiding the penalties. 

Still, if a judge decides to convict you just the same, you can expect to pay hefty fines, lose your driving privileges, undergo probation, install an interlock ignition device in your car, attend DUI school, and spend time in jail, among other things.

However, if you think things couldn’t get any worse, you couldn’t be more wrong.

DUIs can quickly get from bad to worse if the following aggravating circumstances are present at the time of your arrest:

A BAC Way Above The Legal Limit

You can get arrested for DUI in most states if your BAC level is at 0.08% or more.

However, a BAC level between 0.15 and 0.19 percent will lead to an Extreme DUI charge in Arizona.

If that BAC level is at 0.20% or more, then the state will charge you with Super Extreme DUI.

From the sound of the said charges alone, you can already tell that the penalties and fines that come with them will be much bigger and harsher.

Jail time for a first-time Extreme DUI offender, for example, is set at 30 days. For those convicted of Super Extreme DUI, that figure increases to 45 days.

You’re A Repeat Offender

While courts are generally more lenient to first-timers, repeat offenders do not get the same kind of treatment.

If it’s your second DUI, you’ll be paying higher fines, serving more time in jail, and suffering a lengthier driver’s license suspension.

A third DUI offense, however, is an entirely different story. While your first two DUI charges will be generally treated as a misdemeanor, a third offense will be upgraded to a felony in some states.

Jail or prison time for a felony DUI in some states may range from six months to a full year. Fines could also be up to $10,000.

You Had Children As Passengers

One of the biggest mistakes you can ever make if you decide to drink and drive is to have children in the car with you.

If you’re over the age of 18 and you get arrested on suspicion of driving under the influence with kids in the vehicle, you will quickly find yourself in a world of trouble.

Having children in the car during a DUI is an aggravating factor that results in severe consequences, from years of jail time, dozens of hours of community service, and thousands of dollars in fines, although the figures may vary from state to state.

And as if aggravated DUI charges are not enough, DUI offenders caught driving with minors as passengers will also be facing separate child endangerment charges.

While child endangerment laws differ by state, the punishments are pretty much similar. The severity of the penalties will depend on whether you were charged with misdemeanor or felony child endangerment.

Since a conviction for both DUI and child endangerment will potentially ruin your life, please have the presence of mind never to drink and drive with children in the car.

You Caused Injury Or Death

Nothing could make things worse for you than if you injured or killed another person in an accident caused by your drunk driving.

DUIs that involve serious bodily injury or death are often charged as a felony, and as such, they carry severe consequences. 

The penalties may differ from one state to another, but a felony conviction for a DUI that hurt or killed someone generally comes with multi-year prison sentences that could reach 25 years in some states and fines of up to $10,000 or more.

Injured victims and the families of those who died in an alcohol-related accident may also charge the DUI offender in civil court for damages.

Worst of all, the mutilation, disfigurement, permanent disability, or death of a drunk driving victim will be gnawing at the conscience of the DUI offender who caused it for the rest of his or her life.

If you drink and get behind the wheel, make sure you know a skilled and experienced DUI attorney who will represent you if you get arrested for drunk driving.

Still, there’s no better way to avoid being in a really bad DUI situation than not drinking and driving at all.

 

About the Author

Andrea Williams is the Community Manager at The Law Offices of Alcock & Associates P.C., a premier law group in Arizona that provides legal services to clients involved in Personal Injury, DUI, Immigration and Criminal cases. She enjoys cooking, reading books and playing minigolf with her friends and family in her spare time.