what can a lawyer do for a dui arrest

by Coleman Walter 6 min read

Experienced DUI attorneys can often whittle down the standard offer by pointing out weaknesses in the prosecution’s case or bringing mitigating factors to the prosecutor’s attention. An attorney’s familiarity with local practices, the district attorney, and the judge can also help with these types of negotiations.

In short, a DUI attorney helps their client understand the specific charges they are facing, help them to decide on a legal strategy, handle any administrative tasks involved with the case, and represent their client in court.Feb 8, 2021

Full Answer

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

Apr 17, 2014 · 5 Things a DUI Lawyer Can Do (That You Probably Can't) 1. Advise You to Keep Quiet When It Counts.. One of the perks of having someone represent you other than yourself …

Is it worth it to hire a private lawyer for DUI?

With privately hired counsel, your attorney can typically handle most court dates without you being present. Representation in DMV administrative proceedings. When you're arrested for a …

Can a public defender help with a DUI case?

A DUI lawyer’s job is to ensure that the outcome of the settlement or court case goes as much in your favor as it possibly can, by building a strong case in your defense. If you have been …

Can I represent myself in court for a DUI charge?

How Can A Lawyer Help With a DUI Charge? Many individuals who are arrested for driving under the influence feel that a lawyer is unnecessary. However, a lawyer can help with a defense or …

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What is the best case scenario for a DUI?

If you have been pulled over for allegedly driving under the influence, the best-case scenario you could hope for is that the officer(s) failed to gather enough evidence against you or made procedural, technical, or constitutional mistakes before, during or following your arrest.

Can you fight a DUI in Canada?

Successfully getting DUI charges dropped in Canada before trial is rare, but skilled lawyers can strategize effective defence efforts that can result in acquittals, withdrawn charges, reduced charges, mitigated penalties, or dismissal. Strategies for beating DUI charges in Ontario follow.Oct 22, 2020

How can I get rid of a DUI in Canada?

If you were convicted for your DUI arrest, then you need to apply for a Canada DUI pardon. On the other hand, if you were not convicted following a drunk driving arrest, then you should apply for a DUI removal and file destruction in order to remove the fingerprints and police information.

How serious is a DUI in Canada?

In December 2018, the laws changed and a DWI became a serious crime in Canada punishable by up to ten years of incarceration. Due to this change, a DWI no longer qualifies for automatic Deemed Rehabilitation and could cause a visitor to be denied entry even after ten years have passed.

What to do when a DUI leads to an accident?

When a DUI offense leads to an accident, it may be vital to obtain assistance from a personal injury law firm. Understanding what options are available is important. Other important things to know may be explained by a personal injury lawyer.

Why is it important to get a lawyer?

If charges for a DUI or DWI are a likely outcome, it is imperative to start a legal defense immediately . Obtaining a lawyer is a needed action to learn about rights, to discover what options are available and to know what to do next.

What happens if you refuse a breathalyzer test?

A breathalyzer test is then requested. If the driver refuses this test, his or her license is automatically suspended pending further action in many states.

Do you have to take field sobriety test for DUI?

Driving under the influence arrests and charges are confusing and lengthy and may end in a license suspension or prison time with potential additional fines. In some states, the laws do not require a suspect to take the field sobriety tests officers often ask in making a DUI arrest.

Do you need a lawyer for a DUI?

When a DUI offense occurs, many accused individuals may not feel the need for a lawyer, but these legal representatives may save time and money. It is best to at least speak to a lawyer to know what options are available.

Meet, Greet, and Be Retained By You

Meet, Greet, and Be Retained By You 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 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 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 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 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 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 You almost never need to go. I will call you afterwards and let you know how it went.

How can a DUI attorney help a prosecutor?

Experienced DUI attorneys can often whittle down the standard offer by pointing out weaknesses in the prosecution's case or bringing mitigating factors to the prosecutor's attention. An attorney's familiarity with local practices, the district attorney, and the judge can also help with these types of negotiations.

What does a private DUI lawyer do?

Private Lawyers. When you hire a private DUI lawyer, it's typically to represent you in DMV proceedings and criminal court. Having the same attorney work on both aspects of your case can lead to better outcomes, including a shorter license-suspension period.

How much does a DUI lawyer cost?

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. (And there are cases where spending the money for a private lawyer won't get you a more favorable outcome than had you gone with the public defender.)

How much does it cost to hire a DUI lawyer?

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. (And there are cases where spending the money for a private lawyer won't get you a more favorable outcome than had you gone with the public defender.)

What is a public defender?

Public defenders handle a large number of criminal cases, including lots of DUIs. So, most public defenders are quite familiar with DUI law and defenses. Public defenders are generally well acquainted with the district attorneys and judges and know their tendencies—knowledge that can be beneficial for plea bargaining.

What is a standard first DUI?

Generally, an offense is considered a "standard first DUI" if the offender has no prior DUI convictions and the offense didn't involve any aggravating factors such as accidents, injuries, or a particularly high blood alcohol concentration ( BAC ).

Do DUI lawyers give free consultations?

Most DUI lawyers give prospective clients a free consultation. But even if you have to pay a small fee, it's likely money well spent. Bring your police report and any other case documents you have to the consultation to make the best use of your time.

When You Need a DUI Attorney

Here are some circumstances where you definitely need a DUI defense attorney on your side.

Contact Our Greenville DUI Defense Attorneys

All in all, an attorney can be an excellent fit for you and also help you with several legal troubles that you couldn’t handle on your own. However, an attorney can also be another bill that you have to pay unnecessarily. Each case is different from the rest, and it would be best to plan your situation well and make the decision on your own.

What questions should a lawyer ask when considering a DUI case?

When considering your DUI case, a lawyer will ask you things like: Is this your first DUI, or one of many? What was your blood-alcohol content (BAC) ? Did your DUI arrest occur as a result of an accident? Was anybody injured? And how much are you able to spend on legal representation in light of what you have to lose?

How much jail time can you get for a repeat DUI?

In many states, fines can reach up to $10,000 and jail time can max out at 15-20 years. This is because lawmakers are seeking to keep these "high-risk" citizens off the roadways and avoid a possibly preventable accident, injury, or death at the hands of an intoxicated driver.

What are aggravating factors for DUI?

Two of the most common aggravating factors are subsequent offenses and a very high BAC reading. If either of these two issues affects your case, retaining an attorney may be advisable to help you preserve your freedom and save you additional money.

What are the penalties for DUI?

The most extreme DUI penalties are for those cases that involve bodily injury, extensive property damage, and/or death. Working with a DUI attorney is virtually essential in these cases, as the stakes are the highest of any DUI-related charges. A DUI defendant involved in a fatal accident will also undoubtedly face a vehicular manslaughter or homicide charge. Likewise, accidents causing extreme bodily injury, disfigurement, or lifelong disability will incur additional charges, including assault, battery, criminal negligence, or reckless indifference, depending on the jurisdiction.

Can you be expelled from school for DUI?

Likewise, students may be expelled from school for a DUI conviction, which can immediately derail one’s future plans. Additionally, an underage offender will likely have a harder time with the demands of self representation in a court of law, making legal assistance all the more necessary.

Is it worth hiring a lawyer for a DUI?

While the consequences of a first-time DUI are not necessarily devastating, it may be worth it to hire a lawyer if there is a possibility for total dismissal.

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