what background information does a lawyer need to fight dui

What kind of attorney do I need for a DUI case?

Having the same attorney work on both aspects of your case can lead to better outcomes, including a shorter license-suspension period. Most defendants see the price as the major drawback with private lawyers. Hiring a private DUI lawyer will generally cost you between $1,000 and $5,000. If your case goes to trial, it can be even more expensive.

Can a public defender represent you in a DUI case?

May 25, 2012 · Waive your appearance at your arraignment for criminal charge. The arraignment, your first criminal court date, will happen around this time frame. Remember, this is the court date that I handled via paperwork. You will not be there, and neither will I. However, at this date the Judge will issue another court date, called a Pretrial or Disposition.

Do you need a background check for a DUI conviction?

Dec 27, 2019 · Anything a person does goes into the report. Be safe, pull over in a safe spot, and turn off the engine. Be calm. Do not make any suspicious movements. Again, officers are observing everything a person does. Do not make any suspicious movements like trying to hide open alcoholic beverages or drugs.

How can I fight a DUI conviction?

Apr 17, 2019 · Your success is important to us. Contact us today for a consultation. If you find yourself facing criminal charges and need the help of an experienced criminal defense attorney in or around Charlotte, Lake Norman, or our new office in Monroe, please contact Arnold & Smith, PLLC today at (704) 370-2828 or find additional resources here.

What is the best defense for a DUI?

The Best DUI DefensesSuspect Not Given Opportunity to Contact an Attorney during the DUI Investigation. ... Breath Alcohol Testing Can Be Inaccurate. ... Illegal Stop of Person or Vehicle. ... Field Sobriety Test is Inaccurate or Invalid. ... No Evidence of Suspect Driving Vehicle or Being in Actual Physical Control.

How do you beat a DUI in PA?

The best strategy to avoid any license suspension time is to hire a qualified and experienced DUI attorney to successfully fight your charges. Many counties in Pennsylvania have a program for certain first time offenders called Accelerated Rehabilitative Disposition, or ARD.

What is the new DUI law in Pennsylvania?

Under new 2022 state law, a typical first offense DUI charge in Pennsylvania will carry well over $10,000 in fines after you have paid bail, fines, fees, increased insurance rates and more.

Can a DUI be dismissed in PA?

Failure to Provide Complete Discovery: Your charges could be dismissed if all required evidence from the police is not submitted to the judge. Your Right to a Speedy Trial: If the Commonwealth of Pennsylvania exceeds the limited amount of time to try your case, it could be dismissed.

Getting A Lawyer's Opinion About Your Case

It’s difficult for someone with no legal experience or training to assess the strengths and weaknesses of a DUI case. DUI law is complicated and co...

Cases Where Hiring An Attorney Might Not Be Worth It

Prosecutors usually have a standard first-offense plea offer. In other words, they offer everyone with a standard first DUI the same plea deal—whic...

You Need An Attorney to Go to Trial

Though you’re entitled to represent yourself in a DUI trial, it’s almost never a good plan. The learning curve for trial practice is steep and usua...

Meet, Greet, and Be Retained By You

Meet, Greet, and Be Retained By You#N#Ideally, you and I are going to meet in person for an initial client interview. You will give me the detailed story of what happened, as best as you can remember. We will discuss how to handle your dui arrest with your school, employer, and/or professional licensing agency.

Letting The Other Parties Know I Represent You

Letting The Other Parties Know I Represent You#N#Now I am your lawyer. I have to let the other "players" know to deal with me from now on, and not you. I enter a "Notice of Appearance", a "Written Plea of Not Guiity," and a "Demand for Discovery" with the Clerk of the Court. Now, it is official. We need to deal with the DMV as well.

Get your temporary permit so you can keep driving while we fight your DMV suspension

Get your temporary permit so you can keep driving while we fight your DMV suspension#N#You need to drive. I keep you driving by getting you a permit. If I win your hearing, I can keep you driving with no lapse in your license.

Beginning the process of collecting evidence

Beginning the process of collecting evidence#N#So how do I decide what defense we will use to defend you? I have a methodical (and boring) process of gathering up any and all relevant evidence.

Decide on a plan on how to fight your administrative suspension

Decide on a plan on how to fight your administrative suspension#N#At this point, hopefully I have the majority of your discovery process complete. I have a very good picture and outline of what your DUI case looks like.

Subpoena police if needed to come to administrative hearing

Subpoena police if needed to come to administrative hearing#N#If I don't think I can win your administrative hearing on a purely technical matter, I am going to subpoena at least the arresting officer so that I can ask him questions under oath.

Go To Hearing

Go To Hearing#N#You almost never need to go. I will call you afterwards and let you know how it went.

What to expect when you get arrested for DUI?

You will be arrested by the officer who pulled you over. Expect to be arrested, taken to the police station, booked, and placed in jail until you can be bonded out.

How many people die from alcohol in the US every day?

Still, in the United States it is estimated that 28 people die every day in alcohol-related motor vehicle accidents. This is an overall average; some days the figure is higher, and on some days, it is lower. Alcohol-related motor vehicle accidents claim over 10,000 lives a year.

Where to take breathalyzer test?

In most cases, take the breathalyzer test at the police station. Be cooperative at the police station. While at the police station, you will most likely be detained for short period until you can post bail. Be cooperative, follow instructions, and keep to yourself.

Should I drink and drive?

Individuals should absolutely not drink and drive. Individuals should designate a driver or seek alternative forms of transportation, such as cabs or public transpiration, when they are consuming alcohol at clubs, restaurants, concerts, parties, etc.

What happens if you get convicted of a DUI?

If convicted of a DUI offense, you will most likely be put on probation. This incurs even more expense and regular visits to your probation officer. Be prepared to provide your probation officer with proof that you are not drinking or using drugs. Some type of educational program or therapy is in your future.

How many people were arrested for DUI in 2015?

In 2015, there were three times as many males (508,633) arrested for drinking and driving offenses as there were females arrested for these offenses (167,327). It is estimated that an individual who is pulled over for a DUI offense the first time has already driven at least 80 times while intoxicated.

Can you go to jail for sobering up?

Typically, individuals are in jail until they sober up and can post bond. In some jurisdictions and depending on the offense, this may require an appearance before a judge. In others, there are standard procedures that allow the officers in the jail to accept bond. You will end up in court.

Do employers do background checks?

Most employers today use some type of background check before they make an offer for a job to an applicant. Employers and others may conduct background checks on applicants as well as current employees for a variety of reasons. Depending on the methods used to conduct the background check, it may expose a DUI arrest or conviction.

Do you have to have a criminal background check for a job?

Most states require criminal background checks for certain kinds of jobs, including positions that involve working with children, the disabled, or the elderly. It is perfectly legal for an employer to consider a conviction for DUI when determining whether to hire a person or to make other decisions that may impact him or her.

Does a DUI show up on a criminal background check?

A DUI may show up on a criminal background check. Background check programs and companies often gather public information from sources such as: Background check programs may also consider information provided by an applicant. For example, the applicant may specify which states he or she has previously resided in.

Is a background check required by the Fair Credit Reporting Act?

Background checks performed by outside companies are subject to the federal Fair Credit Reporting Act. This law prohibits the disclosure of criminal arrests that occurred more than seven years ago. However, those who make higher incomes may not be protected by the Fair Credit Reporting Act.

Can you pass a background check for a DUI?

You may be able to pass a background check with a DUI. An arrest for a DUI that does not result in conviction is not indicative of criminal conduct. If you were convicted, the conviction may not serve as an absolute bar to employment. If the job that a person is applying for does not involve driving, the conviction may not prevent ...

Can you expunge a DUI?

If records are expunged, criminal background checks may not be able to locate the DUI. However, expungement has its limits.

What to do if you are charged with DUI?

If you have been charged with DUI, it is important that you take immediate action and contact a DUI criminal defense lawyer. There is a limited amount of time that you have to contest the administrative process of losing your driver’ s license.

What is a 1538.5 motion?

This suppression motion or "1538.5 motion" can exclude the DUI BAC tests from admissible evidence, except for DUI sobriety checkpoints.

Can a police officer cause a DUI?

Police officer misconduct can cause DUI charges to be dismissed or evidence thrown out if Police procedures aren't properly followed, regardless of whether you were driving under the influence or not.

What does it mean when your BAC is above the legal limit?

“Rising blood alcohol” defenses apply when your BAC was below legal limits when driving, but rose above the California blood alcohol limit by the time Police tested your BAC level.

What is the BAC limit for driving in California?

The California BAC limit for legal driving is: .01% or higher: If you’re under 21 years old or are on DUI probation for a prior DUI conviction. .04% or higher if: You are driving a passenger for hire vehicle with a passenger (i.e. Uber, Lyft and taxi drivers) effective 7/1/18, or.

What is the cause of ketosis?

2. Ketosis from Atkins-style diets or diabetes. Conditions such as diabetes, hypoglycemia or low carbohydrate diets (i.e. Paleo or Atkins-style diets) can trigger Ketosis. Ketosis is a normal metabolic process triggered in your body when it doesn't have enough carbohydrates from food for your cells to burn for energy.

Is a blood test accurate?

Blood tests by law enforcement are presumed by courts to be accurate and the burden is on defense to prove that they are not. One way to accomplish that is to file a "blood split motion" to retest the blood and learn details about how the blood was stored and the BAC blood test conducted.

What is auto brewery syndrome?

Auto-brewery syndrome is a rare medical condition where alcohol is produced in a person’s digestive system – without drinking any alcohol. Sometimes very intoxicating amounts of alcohol. The condition is most often linked to diets high in carbohydrates and refined foods and the overuse of antibiotic drugs.

How to get a public defender?

If your income is too high to qualify for a public defender, you’ll need to hire a private attorney if you want representation. For the best chance of success, keep a few things in mind: 1 An attorney who handles DUI cases regularly is more likely to get you a good outcome than a generalist. 2 Make sure you find out up front how much your case is likely to cost, including factors that might increase the cost. 3 If possible, talk to at least 2 or 3 lawyers to find one you are comfortable with.

What is a plea bargain?

With a plea bargain, you agree to plead guilty in exchange for lesser charges from the prosecution.

Is a first time DUI a felony?

If your case is more than just a misdemeanor DUI, having an attorney becomes more important. Some situations can turn even a first-time DUI into a felony: These and other factors are serious and can lead to a year or more in prison, among other penalties.

What is a wet reckless DUI?

In some states prosecutors can reduce the charges to something called a wet reckless. This is a reckless driving charge where alcohol played a factor.

Can a DUI lead to jail time?

Causing injuries. These and other factors are serious and can lead to a year or more in prison, among other penalties. An experienced DUI attorney may have a better chance of reducing your plea or sentence than you would on your own.

Do I need an attorney for a DUI?

Some attorneys do charge for the initial consultation but will apply the fee to the cost of your case if you hire them. In many cases you won’t need an attorney for a first offense DUI. But if your case isn’t straightforward, an attorney may be able to get a better outcome for your case than you could alone.

What is robbery in Texas?

What is Robbery? Robbery in Texas occurs when committing theft with intent to maintain control of the stolen property while intentionally, knowingly, or recklessly causing bodily injury to...

Can you fight a DUI without a lawyer?

Written by Eric Torberson in Criminal Defense, law. It is not advisable to fight a DUI or any criminal charge in court without a lawyer. But since you are reading this there must be a financial or other reason that you are choosing not to hire a legal counsel. Depending on the circumstances and how honest the prosecutor is, there may be a chance.

Can an accused person afford a lawyer?

If an accused person just cannot afford a lawyer there are court appointed lawyer options for most indigent people. If that is not an option, or the court appointed lawyer will not go to trial, a pro se trial is a last resort. Most lawyers will take a few minutes to explain how a trial works. It is worth a phone call to attempt to ask ...

Can you refuse a field sobriety test?

Yes you can refuse a field sobriety test. There is not a requirement that a person must perform a sobriety test. Standard field sobriety tests are very difficult to perform perfectly. Even police... Continue Reading.

What Is a DUI Charge?

You may have heard the terms “DUI” and “DWI” used interchangeably. DUI means driving under the influence and DWI means driving while intoxicated. They both refer to the same thing, but in Florida, the official term is DUI.

Other Consequences of a DUI Charge

Most people are aware that a DUI arrest may result in criminal charges, but they may not understand the impact it has on their driver’s license. If you have been arrested or charged with driving under the influence of alcohol or drugs in Florida, you face a long driver’s license suspension.

Why Hire an Attorney?

There are several reasons to consider hiring an attorney. You may have been wrongfully charged, or the charges may be more than a DUI. Whatever the circumstances, a DUI lawyer will work to avoid a conviction, minimize the penalties, or limit the potential damage to your life. An arrest does not always mean a conviction.