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Stuart DUI Lawyers

  • Sherwood Bauer: HGN is an involuntary jerking of the eye that occurs naturally as the eyes gaze to the side. During the HGN test, officers instruct DUI suspects to follow a stimulus (usually a penlight) with their eyes, estimating the driver's BAC level based in part on the angle of gaze at which jerking is first observed in each eye. Despite its proven accuracy, the admissibility of the HGN test in court is the most heavily scrutinized of all field sobriety tests. Specifically, some courts characterize the HGN test as a scientific test, requiring prosecutors to lay the foundation for the admission of HGN evidence via expert testimony.
  • Steven Greene: Almost all states increase a charge for driving while under the influence of alcohol or drugs (DUI) from a misdemeanor to a felony when a driver has had a certain number of prior DUI convictions. Accordingly, prosecutors in DUI cases will often search for prior DUI convictions to enhance a new charge. However, the admissibility of a prior conviction in court can depend on when and where the prior conviction occurred.
  • Ferraro & Ferarro: Drunk driving, sometimes called driving while intoxicated (DWI) or driving under the influence (DUI), has two meanings: Driving with a blood alcohol level over the state's maximum permissible blood alcohol limit. The limit for adults is either 0.08% or 0.10%. As of October 2000, the following 19 jurisdictions used the 0.08% standard to define drunken or impaired driving: Alabama, California, the District of Columbia, Florida, Hawaii, Idaho, Illinois, Kansas, Kentucky, Maine, New Hampshire, New Mexico, North Carolina, Oregon, Texas, Utah, Virginia, Vermont, and Washington State. All other states used 0.10% except Massachusetts and South Carolina which do not use numerical limits. You may also be guilty of DUI / DWI for driving when your physical abilities are impaired by drugs or a combination of drugs and alcohol. In the eyes of the law, it makes no difference whether the drug is legal or illegal, prescription or over-the-counter. If taking that drug impacts your senses of seeing, hearing, talking, walking and/or judging distances, you may be guilty of a drunk driving offense.
  • Brandt & Gufford: If you are convicted or enter a plea bargain resulting in a DUI sentence your license will be suspended for as little as 6 months and as long a lifetime depending upon the facts and prior conviction record.
  • William Hess: If the attorney does not pursue a client's administrative remedies, even if the client wins at trial, his or her driving record will indicate a DUI suspension with all the adverse consequences.


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