Tips On Handling A DUI Arrest

If you have been pulled over by a police officer for drunk driving, it is essential that you think about every single move you make because the officer will start making observations and taking down notes right from the time they ask you to pull over. So find a safe place to pull over and do not make any sudden movements. After the officer approaches you, here are some tips on how to handle the situation.

Be Calm and Polite

When the officer is approaching, keep your hands on the wheel in the 10 o’clock and 2 o’clock’ position. They are trained to respond to sudden movements so do not do anything that may get them nervous. When they talk to you, be polite. If you are rude to them, they will make sure that they do everything possible in order to get you convicted. If they ask you to get out of your vehicle, listen to them. If you don’t, you could be arrested for obstruction of justice. Basically, be polite and follow their instructions so that they can’t add anything negative to the report that they make.

Do Not Take Any Tests on the Field

If you are asked to take a sobriety test on the field, you have a legal right to deny it. Be firm and polite when doing so. A negative result is one of the biggest pieces of evidence that can be used against you. Since they are not often reliable indicators of whether you are intoxicated, you are under no obligation to perform these tests on the field. The same rule applies for breath analyzers. Do not agree to one because even these tests are very subjective and unreliable.

At the Police Station, only take a Chemical Test

If you have been taken to the police station, you will be compelled to take a chemical test there. Usually, you will be given a choice between a blood test and a breath test (this choice will depend on the state that you are in). If you have a choice, choose the breath test. This is because they are a little less reliable than blood tests so if it comes to fighting it out in court, you may just have a slightly better chance of getting it dismissed as evidence against you.

If you are then found drunk and get arrested, you should get in touch with a criminal defense lawyer. Not only should you start putting your case together but the quicker you can do it, the better it would be for you to remember everything properly and narrate the whole story to the attorney.

 

Can I Expunge More Than One Arrest on My Criminal Record?

Every state has their own separate set of laws surrounding the requirements and limitations of criminal record expungement. It is important to understand the basics surrounding the laws of record expungement in your particular state and county first, and then discuss your eligibility and petition options with a licensed criminal defense attorney. You can only file for expungement once in your lifetime, so it is vital to apply correctly. A simple clerical error or missed deadline can get your petition denied. A criminal defense attorney can prevent that from happening to you.

Continue reading to learn more about the expungement process, and what you can expunge from your criminal record.

Expungement Laws Vary From State to State

Your eligibility, even your potential, for sealing or expunging criminal records depends on the state your criminal records originate. Look below at an example of how one state governs the criminal record expungement process.

For Example:Indiana has two laws that governs the process of concealing or erasing criminal records. One may petition for either expungement or restricted access, depending on their eligibility. And the prerequisites for eligibility differ between the two options.

If a person was never actually arrested or charged with a crime, or, they were never arrested but charged with a crime, but the charges were later dropped due to mistaken identity, actual innocence, or lack of probable cause to believe they committed a crime, they may be eligible to have their record entirely erased from their criminal history, which falls under expungement.

On the other hand, if a person was arrested, but the charges were later dropped, or they were later acquitted of all charges, they could qualify to have their records sealed from the public, which is different from expungement since the record still remains. Its access is simply restricted from the general public, including employers, landlords, banks, and more.

Expunging More Than One Record

If you do live in a state that allows record sealing, and you qualify for criminal record expungement, you may be able to expunge more than one record, so long as the petition is filed in every county, for every record, within a 12 month time span. Although separate petitions, this would qualify as one single petition. This rule varies among counties and states. So be sure to hire a licensed criminal defense attorney who is well-versed in your state’s expungement laws. They can help you navigate and file your petition accurately.

 

Frequently Asked Questions About House Arrest

House arrest is a court-ordered, officer-supervised penalty that is sentenced to certain offenders in lieu of jail time. When sentenced to such penalty, a person must remain within the set boundaries of their home at all times, but may be given limited travel privileges for work, school, or doctor’s appointments. Both adults and minors can be sentenced to house arrest, and they are all put on temporary probation during the duration of the sentence. Probation can include routine meetings with a probation officer, random drug screenings, community service, therapy, counseling, victim impact panels, educational drug courses, and more.

Although the name seems pretty clear, there is much more to a house arrest sentence than just home confinement. If you or someone you love is facing house arrest, it is helpful to get some answers to some common questions in order to put your mind at ease and clear up any confusion you had about the terms and conditions of house arrest. Continue reading to review the most frequently asked questions about home confinement to do just that!

What are the General Rules of House Arrest?

Every person’s case is different, and subject to varying regulations. However, the general rules of house arrest include no drugs or alcohol in the residence, no drug or alcohol consumption, a probation officer can come by the home at any time to check for drugs or alcohol or to perform a random drug test, adherence to a set curfew, and all orders of probation (i.e. community service, rehabilitation, etc.).

How are You Monitored?

A person on house arrest wears an electronic sensoring device on their ankle at all times. This device is coupled with another that is connected to a person’s home phone. The device will record the dates and times of all traveling within and outside of the set boundaries. If any of these records show that a person traveled outside of their boundaries during a time that was not permitted, the probation officer is notified and the person is violated. Tampering with the device will also be recorded and considered a violation.

What Happens if You Violate its Terms?

If someone breaks any of the rules of their sentence, they are subject to being ordered to a probation violation hearing in court. This means you not only face the previous charges, but now face additional ones as well. Sometimes, a probation officer will give a warning the first time, but it is important to understand that the terms are taken very seriously and one minor infraction will be penalized.

Do You Need a Lawyer if You Violate?

In most cases, yes. The penalties for such violations are taken very seriously, and the penalties a person faces for them are very harsh as well. Your criminal defense lawyer already knows your case and will defend you once again to minimize the penalties you face for violating. They are your only hope at avoiding the maximum charges for a violation.