If you find yourself charged with DUI or DWI you may be surprised by just how serious the courts are and how draconian the penalties can be if you are convicted. To avoid the most serious outcomes, you need an experienced criminal defense attorney to represent your interests whether by winning an acquittal, or if that is not possible, by working toward the least restrictive outcome possible.
Having your license suspended, or even losing your license completely, is just the beginning of the consequences that can result from a DUI or driving while drunk conviction. Pennsylvania and New Jersey have extremely strict DUI (DWI in New Jersey) laws, and in some instances, even if you are NOT driving under the influence, you can be convicted for a criminal offense. If you have been accused in a DUI case, it is imperative that you contact the lawyers at Greenblatt, Pierce, Funt & Flores today to begin building your drunk driving defense team. When you hire Greenblatt, Pierce, Funt & Flores, you have hired a team of seasoned professionals with the experience and expertise you need.
There are also serious consequences, including mandatory sixty or ninety day sentences for driving while under suspension for DUI. If you find yourself charged with this offense, you need the services of an experienced Drunk-Driving/DUI lawyer. There are many ways of combating this, seemingly insurmountable charge. Greenblatt, Pierce, Funt & Flores has had tremendous success in defending this charge in the last year. Of some thirty clients charged with driving while suspended (DUI related) and facing a sixty or a ninety day prison sentence, all but two have been acquitted, and the two who were convicted avoided the mandatory sentence.
Completely apart, but related to the DUI charge, you will face a mandatory one year suspension for simply refusing the breathalyzer test. This applies even if you are found not guilty of the DUI charge. This suspension can be avoided if the attorneys you select know how. Many DUI attorneys do not even address this collateral consequence of a DUI case. You should speak to the experienced DUI attorneys at Greenblatt, Funt and Flores to explore your options.
If you have refused to submit to a breathalyzer or blood test after being pulled over for driving under the influence, you may be able to avoid the criminal charges that can result from your refusal. Driving under the influence is a criminal charge, and you have a right to an attorney. You should insist upon the experienced and talented lawyers at Greenblatt, Pierce, Funt & Flores.
If you have a Commercial Driver’s License, there are special considerations that apply to you that do not apply to other drivers. Most criminal defense lawyers only represent people with regular driver’s licenses and are not aware of the special consequences at hand for a CDL driver who receives a DUI. For example, we see many CDL holders who have entered a first time offender diversion program under the misleading legal advice that all they can expect is a two month suspension. The resulting one year cancellation of the CDL in addition to the two month suspension of the regular driver’s license can be reversed by a lawyer experienced in representation of CDL drivers. You should call Thomas Ivory at Greenblatt, Pierce, Funt and Flores if you are experiencing this problem.
Drunk Driving/DUI – An Overview
The crime of drunk driving is also known as “driving under the influence,” or DUI, and “driving while intoxicated,” or DWI. In some states, the crime may be known as “operating while intoxicated, or OWI, or “operating under the influence,” or OUI. The names vary according to how state law refers to or defines the crime. State laws all have the common aim of punishing those who drink and drive, or those who drive while under the influence of illegal drugs. A drunk driving conviction carries with it serious and long-lasting consequences: incarceration, a heavy fine, and suspension or revocation of a driver’s license. A person who is facing a drunk driving charge should not hesitate to seek immediate legal counsel from an experienced drunk driving defense attorney.
Parole & Probation in Drunk Driving Cases
Parole and probation are both supervisory-type mechanisms used in the punishment phase of the criminal justice process. Parole comes into play after a person has been imprisoned and is released. Probation, by contrast, refers to a criminal sentence separate and distinct from incarceration. Probation is the most frequent sentence imposed and typically involves releasing the convicted offender into the community subject to a list of terms and conditions. The actual terms can vary widely, based on the underlying crime, the characteristics of the offender, and the resources of the probation system. All probations are subject to a requirement that the offender refrains from committing further crimes.
Persons convicted of drunk driving may be placed on probation, or for subsequent offenses they may be given a jail or prison term and then paroled, subject to continuing supervision. Lawyers experienced in criminal defense and drunk driving law can explain the spectrum of possible punishments for drunk driving offenders and describe the differences in the possible sentences in greater detail.
Probation in DUI cases has to be completed in specific ways in order to ensure restoration of the driving privilege. Many criminal defense attorneys focus entirely on the criminal consequences of the DUI charge to the detriment of the effect on their client’s driving privilege. The result is often that at the end of the period of probation, when the client expects that his/her driving privilege will be restored, he finds that he has to wait a year or more to get his license back. The lawyers at Greenblatt, Pierce, Funt and Flores are experienced in both criminal defense and driver licensing law. Before you make any decisions about how to handle your case, you should consult our office.
The Prosecutor’s Role in a Drunk Driving Case
Prosecution refers to the government’s role in the criminal justice system. When criminal activity is suspected, it is often up to the government to investigate, arrest, charge, and bring the alleged offender to trial. Prosecutors are the lawyers who work for the government and who are responsible for putting on the government’s case against a defendant. Prosecutors may be called county attorneys, city attorneys, or district attorneys. The prosecutor is the opponent or “adversary” of the criminal defendant and his or her attorney; the two sides go head-to-head against each other in court. Because these public attorneys focus their energies on prosecuting criminal cases, they are generally very experienced in criminal law, and it is therefore essential that the defendant’s attorney have the same advantage. Thus, in order to best preserve a criminal defendant’s rights and strike a fair balance in court, representation by an experienced criminal defense attorney, particularly one knowledgeable in drunk driving law, is a must.
Challenging the Reliability of Breathalyzer Test Results
In all drunk driving cases, the prosecution must prove that the defendant’s blood alcohol concentration at the time of the offense was at or above a statutory limit. In many states, the limit is .10 percent, but in Pennsylvania and New Jersey it is .08 There is a national movement afoot to make that the limit in all states. In order to prove the requisite level of alcohol in the blood of someone arrested for drunk driving, it is necessary to obtain a suitable sample of the arrestee’s blood, urine, or hair at the time of arrest. The use of a breath test is by far the most popular scientific method for establishing that a person has driven under the influence of alcohol. Some defendants, however, have been able to successfully challenge the results of such tests in court, thereby preventing a conviction. An attorney experienced in drunk driving defense law is in the best position to advise a client on whether the “Breathalyzer” test results may be subject to challenge in his or her particular case.
Drunk Driving and Auto Insurance
After serving the sentence and paying the fine, a person convicted of drunk driving is eager to let things get back to normal and to return to life as it was before the charges. In most parts of the U.S., normal living-school, work, other activities usually involves driving, and driving requires automobile insurance. The worst part of the charge may seem to be behind you, but you are then faced with yet another consequence: trying to obtain automobile insurance after a drunk driving conviction.
Greenblatt, Pierce, Funt & Flores has the experience, expertise and resources you will need to help you navigate through this difficult time in your life and to obtain the best possible outcome. Contact us at