What is over-filing?
Some DUI lawyers report an alarming trend of overzealous charges filed against people accused of driving under the influence of alcohol. In some cases, this type of "over-filing" is used to bring felony charges where none are warranted, up to and including murder charges in cases that clearly warrant manslaughter charges instead.
If you fear a felony conviction based on over-filing of DUI charges, your best possible DUI defense is to hire a lawyer skilled in fighting DUI charges. However, this is not enough. Your DUI lawyer will need any ammunition you can bring to court. Do you have eyewitnesses who can attest to your actual state behind the wheel and are willing to testify as to the facts of the incident in question? Do you have photographic evidence of any kind that can prove you were doing what you claim to have done? Any kind of evidence, no matter how unimportant it may seem to you now, could be of great importance.
One particular kind of witness that is often overlooked? Bartenders. If you have a bartender as a witness for the defense, your lawyer may be able to convince the jury of your innocence based on such "expert" testimony. You may think it's grasping at straws to call the bartender as your witness, but in a DUI case, especially one that carries a felony charge, you'll want all the help you can get. If they can vouch for you in court, get the testimony on the record.
DUI Frequently Asked Questions
How is blood alcohol measured?
How can you calculate your blood alcohol level?
Do different states have different legal blood alcohol levels?
Do many people boat while intoxicated?
Are there serious dangers in boating drunk?
Should I avoid using a JetSki or boating while intoxicated?
Do DUI laws apply to boating drunk?
Is boating while intoxicated legal in Texas?
Is boating while intoxicated against the law in Florida?
Are there laws in California against boating while intoxicated?
Is drugged driving a growing problem?
Is it a mistake to drive under the influence of drugs?
Can drugged driving lead to episodes of road violence?
What drives drug use?
What are the consequences of drugged driving?
Is there a national drugged or drunk driving month?
Who suffers from drunk driving?
What are the risks of drinking and driving?
How can I help stop drunk drivers?
How can I get help for my drunk driving arrest?
What are the penalties for Drunk Driving in Florida?
Where can I find drinking and driving statistics?
How can I spot a drunk driver?
Can a designated driver help me avoid a drunk driving arrest?
When do I know I am too drunk to drive?
What is the history of Mothers Against Drunk Driving?
What should I do if I have caused a drunk driving accident?
What are my options as a victim of a drunk driving crash?
Who are the victims of a drunk driving accident?
How can a drunk driving crask affect your life?
Should I comply after a drunk driving accident?
Will insurance cover a drunk driving crash?
How can I avoid a drunk driving accident?
Should I consult an attorney after a drunk driving crash?
Are the holidays really more prone to drunk driving accidents?
What do I do if I witnessed a drunk driving accident?
Is New Year's Eve the most common night for drunk driving accidents?
How can I find resourceful drunk driving articles?
Does drinking really impair my vision when driving?
Where are the most drinking and driving accidents?
Are there drunk driving statistics available about youthful drivers?
Are there drunk driving facts that can help me teach my kids?
Am I more at risk for an accident with the more I drink?
What is the best way to deal with a DUI?
What are DWI field exercises?
What is an OUI?
Is a DUII different than a DUI?
What help is available to prevent me from being involved in a DUI?
Can I keep my license after a DWI?
What are the consequences of drunk driving?
How can I learn more about DUI law?
Do I need a lawyer to help with DUI law?
Does drunk driving law change often?
Is DUI law exclusive to cars, trucks, and motorcycles?
What are the penalties for violation of DUI law in Arizona?
How important is having the right DUI lawyer?
What should I ask a DUI attorney when I am looking for one?
What are the benefots of retaining a California DUI lawyer?
Are there many drunk driving lawyers in Rhode Island?
What factors are involved in hiring a Santa Barbara DUI lawyer?
How can I research a DUI attorney in California?
Are there any directories of San Diego DUI attorneys?
Do you need help finding a DUI lawyer?
Will a DUI result in a license suspension?
What do I do after a driver license suspension?
How can I get reinstated after a license revocation?
What is License Suspension?
Can I challenge a driver license suspension?
How serious is a license suspension?
How can I avoid a driver license suspension?
Is it illegal to drive with a suspended license?
What are the Washington state DUI laws?
When did Illinois state DUI law come into effect?
What are the penalties for DUI in Ohio?
Have there been any changes in Arizona state law for DUI?
What can I face if I have been arrested for a DUI in Virginia?
What are the California state laws for DUI?
Lawyers Can Help with Your License Revocation?
Do I need legal help for a DWI?
How can I find a Maryland DUI lawyer?
Have there been changes to New Jersey DUI law that my lawyer should kn
What makes a Ventura DUI lawyer qualified for my case?
Where do you look for recovery after a drunk driving crash?
How can I find my state DUI law?
What are some useful drunk driving statistics?
How can I tell drinking and driving facts from myths?
Why are most people pulled over and end up getting a DUI?
How much of a risk to the public is drunk driving, really?
Can eating affect my blood alcohol level?
What are your right under drunk driving law?
Is DUI law mandated by the federal government or states?
Can different types of alcohol make a difference in drunk driving char
Should I refuse a chemical test if I haven't been taking illegal drugs?
Should I request a breath test or blood test?
Do men do better than women in breath tests?
Can my birth control pills cause a false breath test reading?
What can I do to help myself during a DUI sweep?
I haven't been drinking, but I am being pulled over. Help!
What should I do if I am the victim of a drunk driver?
Can I use my regular lawyer to help me in a DUI case?
What can earn me a felony DUI charge?
Are misdemeanor drunk driving situations that unsafe?
What is an ignition interlock device?
What should I know about an ignition interlock program?
What is ignition interlock calibration?
Will I get my driving privileges fully restored with the ignition interlock program?
What are the requirements for participation in an ignition interlock system program?
Should I save the printouts from my ignition interlock device, if any?
Can I get a false positive on my ignition interlock system?
What is not allowed in the ignition interlock program?
Can I drink coffee in my car with an interlock device present?
Is there any financial help to defray the cost of an ignition interlock?
Are the penalties the same for DUI on the water as they are behind the wheel?
Are the waterways patrolled like highways?
How do they catch people drinking and boating?
Is an open container illegal on the boat?
How does the Coast Guard get involved in BUI cases?
The boating laws seem vague on the subject of alcohol. Help!
What is inattentional blindness and how does it relate to drinking and boating?
What do police look for when making a BUI stop?
What kind of craft may be exempt from BUI laws?
What should I do if I am unfairly charged with BUI?
How can I control my blood alcohol level?
Are wine coolers better than beer when it comes to alcoholic content?
Will Hypoglycemia affect my driving similar to alcohol?
Am I required to perform a field sobriety test?
Are there breathalyzers available for consumers?
When is the best time to use my portable breathalyzer?
Is there a difference between a field sobriety test and a breath test?
Should I request a blood test?
How can I tell how much is too much, but before I drink?
Can I get a false positive from a police breath test?
What can influence my punishment for DUI?
What can a first offender expect from a DUI punishment?
Are there any lobby groups working on behalf of those convicted under DUI laws?
Why did the officer take away my license on the spot?
What happens if I get probation?
Are there hidden punishments for a DUI conviction?
Isn't an administrative license suspension a violation of the Constitution?
What about my right to keep silent?
I got my license back at my DMV hearing, does this mean the trial is cancelled?
I was found not guilty. Is my license automatically reinstated?
What is a washout period?
What makes a DUI charge into a felony?
What is the hidden cost of a DUI conviction?
What happens in a DUI jury trial?
What is over-filing?
What are enhancements?
What should I ask a potential DUI lawyer?
What should I expect from my attorney
Why does my lawyer want me to plead guilty?
What should I tell my lawyer about the facts in my case?
What is a diversion agreement?
Am I eligible for a diversion agreement?
What could make me ineligible for a diversion program?
What happens if I am given probation?
What DUI school is right for me?
Who will direct me to a DUI school? The DMV or the Court?
Can I take DUI school online?
What should I expect from DUI classes?
What will I need to sign up for DUI school online?
Am I eligible for a restricted license?
Can a minor be charged even if the blood alcohol content is lower than .08?
Can I be sentenced to prison time under three strikes for a DUI stop?
What is California Vehicle Code 23152?
I only have one serious violation. Does three strikes affect me?
Can a "wobbler" affect my chances for bail in a DUI case?
What happens if I forfeit bail?
Will I be fined or charged more for multiple violations, even if they aren't "related"?
I was arrested or charged outside my home state. Will I get any consequences from my "home DMV"?
Can I get a lawyer to "stand in" for me in an out-of-state DUI case?
What does "wet reckless" mean?
What is expungement?
Are expungement records completely clean?
Who tracks my criminal history?
Is a DUI a bar to serving in the military?
What is "relief"?
I've been sentenced to jail time and probation. Am I still eligible for relief?
Do I need to disclose an expunged charge?
Can someone sentenced to state prison get an expungement?
Am I still vulnerable under three strikes even if my felony DUI has been expunged?
Why should I wait to get an expungement?
What is MADD?
What is the MADD position on sobriety stops?
What volunteer opportunities are there with MADD?
What is the MADD safe party guide?
What does MADD recomend for a safe party?
Is MADD anti-alcohol?
Does MADD offer volunteer positions as crisis counselors?
What information does MADD offer the victims of drunk driving?
Does MADD offer courtroom assistance?
What is a victim impact statement?
what are the Consequences of driving with an open container in a car?
Recent DUI Questions
I live in Georgia and got stopped for a DUI in Virginia. I did not submit to any testing. What CAN happen( worse case ) and what is LIKELY to happen if I don`t return to Virginia on my court day?
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Regarding a BWI - 1.) Can you consume alcohol while driving a boat? 2.) Can you get a BWI if the boat is off, the keys are in the ignition and you are drinking?
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I live in Michigan and have had my drivers license revoked for 3rd offense felony drunk driving. I havent driven in 4 years and have completed my obligations to the court system. I dont see myself getting my license back even after the mandatory 5 years of revocation. My question is which states will allow me to have a drivers license even with my colorful Michigan driving record. Any information you can give me will be greatly appreciated.
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