Vermont DWI / DUI Lawyer
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DWI offenses (driving while intoxicated) have been rampant in the United States in recent years. As a result, state governments have rigorously attempted to curb the recent increases in these kinds of cases. Unfortunately, many attorneys lack the experience to handle DWI and DUI cases, resulting in irreversible consequences for their clients. As DWI and DUI cases become more prevalent in Vermont, law enforcement officers are on the look out for violators. In the event that you are suspected of this crime, it is critical that you understand Vermont laws and your rights as a citizen of this state. In addition, you should also be aware of the qualifications and information a DWI/DUI defense attorney should have regarding your case.
What to Do When You Are Pulled Over
While it is best to stay as calm as possible if you are suspected of DWI/DUI, you should also be aware of your rights pertaining to this issue. For example, Vermont laws require police officers to have justifiable reasons for pulling over suspects. It is the right of the driver to question the police officer when stopped. Police offers must adhere to specific driving patterns when detecting drunk drivers.
Swerving within lanes and speeding are no longer sufficient for placing DWI/DUI charges and, therefore, not enough to make an arrest or conduct further testing. Driving patterns that are typical of drunk drivers include abrupt turns, erratic stopping, or driving significantly below the speed limit and, in the state of Vermont, a police officer must justify his or her actions if asked to do so by the driver. Vermont drivers should be aware of their rights prior to any further investigations, since this information may be useful to DUI/DWI defense attorneys.
While it is also your right to refuse a breathalyzer test, you do risk having your license suspended because the state of Vermont upholds the Implied Consent Law. Refusing consent increases suspension time from ninety days to six months for first time offenses. Refusing a breathalyzer test is risky, not only because you are likely to have your driving privileges revoked, but because this refusal is likely to be used as evidence in a trial. It is in your best interest to submit to testing and contact a qualified attorney to refute the charges.
What to Do If Arrested for DWI/DUI Charges in Vermont
It is important to acquire a qualified attorney to handle your DWI/DUI case. The lawyer should have experience with the DWI/DUI processes, including the differences between civil suspension and criminal DWI charges. An experienced attorney should know how to handle the two charges separately.
In order for a suspension or DWI/DUI hearing to take place, you are required to mail your Intent to Suspend citation to the Vermont Department of Motor Vehicles within 7 days after receiving it. Neglecting to do so results in an automatic suspension of your license.
After filing necessary paperwork, a qualified attorney should be able to consult with you about your case. It is imperative to provide your attorney with detailed information regarding your case, since the state of Vermont must provide evidence to support your suspension in front of a judge at a final hearing. Experienced attorneys are able to identify elements that a judge reviews during civil suspension hearing. Your attorney is likely to ask you questions related to the conversation between you and the officer. Since a police officer must have reasonable grounds for pulling you over, must provide you with your rights, and must permit you to speak with a lawyer, your attorney can look into your case to determine if these expectations were met. If you submitted to chemical testing or a breathalyzer test and had a reading of .08 percent or higher, your attorney may have to rely on alternate methods of defense. He or she may ask you health related questions that would discredit breathalyzer results. He or she may also research the tools that were used during testing, looking for malfunctions or researching dependability history.
Whether or not you are convicted of DWI or DUI, you are still provided with rights according to Vermont state laws. However, you must be aware of these laws and provide your defense attorney with accurate information to uphold your rights in court. An experienced lawyer ensures that your case is evaluated fairly, and a judge is more likely to rule in your favor.
Legal•Info State Dui Dwi Information
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