Criminal Law Frequently Asked Questions
Criminal Law FAQ
1) What is the legal limit?
This is a fairly simple question with a surprisingly complex answer. If you are 21 years old or over and not a commercial driver, the answer is 0.08 (percent of your blood). However, if you’re under the age of 21 there is a zero-tolerance law in effect which means your blood alcohol content must be 0.0. If you are a commercial driver, depending on the circumstances, you may be held to a 0.02 BAL or blood alcohol limit.
2) What are the penalties for drunk driving in
If convicted of OWI / DWI / DUI in
Subsequent
As a general rule, each additional conviction comes with higher penalties and loss of freedom.
3) What are the Miranda Rights, and what if I didn't hear them when I was arrested?
The Miranda Rights state the rights of a defendant during a criminal trial, and they should be read by the police during an arrest. If they are not read at the time of arrest, any statements made by the accused may not be used against he/she at trial. Often Miranda Rights are not read until the arresting officer wishes to ask questions of the accussed.
4) If I am charged with a crime, am I forced to give bodily samples for testing?
Bodily samples are considered physical evidence, so it does not violate the Fifth Amendment's protection from self-incrimination. In other words,
5) What happens if I refuse to take a breathalyzer?
In
6) Do I need a lawyer?
Even if you’re not at fault or believe yourself to be innocent, legal counsel is always advisable. When making this important decision, consider the costs associated with a ‘worst case scenario’ and the probability of such an outcome. Going to court without a lawyer is, in many ways, like gambling. Contact an SHB attorney today.
7) How Big is the Drunk Driving Problem?
According to the National Highway Traffic Safety Administration, every half-hour there is a death due to drunk driving. All 50 states and
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