what can a lawyer do in a dui case

Full Answer

How to find a good DUI lawyer?

You may also be able to search for a qualified Illinois DUI lawyer through one of the following:

• The Illinois State Bar Association
• The National Association of Criminal Defense Lawyers (NACDL)
• The National College of DUI Defense

Do I need an attorney for DUI?

You are not required to hire an attorney for a DUI. However, you should not rely on a public defender to defend you. Public defenders have a huge caseload, so they are unlikely going to be able to dedicate the amount of time that needs to be dedicated to your case.

How much are DUI Attorneys' Fees?

Your attorney fees will depend if you accept a plea or take your case to trial. DUI lawyers charge $700 to $1,500 when accepting a plea, and $1,500 to $4,000 when going to trial. From the time you're arrested to the time that your case is resolved, you can expect to undergo a 6 to 12-month process.

Should I hire an attorney to fight my DUI charge?

You should hire an attorney for a DUI case because doing so gives you your best chance of not spending time in jail, not having your driver’s license suspended, and/or not paying several thousand...

How can you get out of 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.

Do I need a lawyer for DUI in California?

If you have been arrested for drunk driving, you may be wondering whether you need an attorney for a first offense DUI? The short answer is: yes, you should definitely hire a DUI attorney to defend you because if you're not familiar with California DUI law, it will be difficult for you to properly defend yourself.

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 California?

After a DUI arrest in California, don't ever just assume the case against you will be proven, and you can't possibly fight and beat California DUI charges, even if you took and failed any chemical or field sobriety tests that were given.

Is jail time mandatory for 1st DUI in California?

In California, jail time is practically mandatory for people convicted of a DUI. Even if it is your first offense and no one was injured, a judge can sentence you to six months in jail.

How much does a DUI attorney cost in California?

For a first-time misdemeanor DUI, a DUI attorney generally costs in the ballpark of $1,500 to $5,000. A California DUI Lawyer Association (CDLA) Specialist often starts at $2,500 – $4,500.

What is the best outcome for a DUI?

– Fines are ”the best” outcomes for DUI, because you may risk your freedom as well. Based on the DUI crime severity, the offender may face a probation or jail time. If the conviction is for the 1st time, the probation may be up to 1 year or a jail time up to 9 months.

Is it worth getting a solicitor for drink driving?

If you get a court summons or are charged with a drink driving related offence by the police you should seek expert legal advice from a solicitor as soon as possible.

How long do you stay in jail for a DUI in California?

Minimum 180 days jail time (6 months), maximum 1 year or 16 months in state prison. DUI can be tried as a felony if you killed or severely injured someone, or if you have numerous repeat offenses. Felony DUI carries 1 to 5 years in state prison.

How can I get a DUI dropped in California?

How to Get Your DUI Charge in California DismissedComplete Your Probation.Follow All the Requirements.Claim That it was an Unreasonable Traffic Stop.Check for False Sobriety Tests.Prove That they Violated the Breath Test Procedure.Show Suppressed Blood Tests.

How do I beat a DUI in California?

10 Ways To Fight and Beat California DUI ChargesBad stop by law enforcement officer. ... Objective Signs of Intoxication. ... Faulty Field Sobriety Tests. ... Inaccurate Preliminary Alcohol Screening (PAS) ... Rising BAC Level. ... GERD Defense for DUI. ... Faulty Breathalyzer Test. ... Improper Administration of a Blood Test or Protocol.More items...•

How can I get rid of a DUI in California?

Contrary to popular belief, a conviction for DUI in California does not 'drop off' your criminal record after a period of time. Clearing the California DUI conviction requires a petition in court, or it will stay on your record indefinitely.

DUI Lawyers Can Provide You With an Opinion About Your Case and What Options You Have

DUI laws are constantly changing, and for many people, they are hard to understand. If you were charged with a DUI, you probably cannot assess the weaknesses and strengths of your case alone. Fortunately, with an experienced DUI lawyer, you will not have to figure this out yourself.

DUI Lawyers Generally Know the Local Courts Better Than You

Another significant advantage of hiring a DUI lawyer is they are often comfortable with the local courts and have experience handling criminal cases there.

DUI Lawyers Can Help You Avoid Convictions

Typically, individuals charged with a DUI will often want to hire a DUI lawyer to help them avoid a conviction. This is usually done through a plea bargain, where the defense lawyer tries to negotiate with the prosecuting lawyer to reach a compromise to avoid a DUI conviction.

DUI Lawyers Can Advise You to Keep Quiet

Another perk of having a DUI lawyer representing you is that these lawyers can take over communication on your behalf. For example, these lawyers may advise you against taking the stand in your own defense, which can spare you the challenges of direct examination.

DUI Lawyers Can Keep Track of Legal Filing Deadlines

There are many deadlines when it comes to a DUI case, and missing one of these deadlines can wreak havoc on your chance of getting the outcome you want.

DUI Lawyers Can Protect Your Legal Rights

The purpose of having a DUI lawyer is to protect your legal rights, especially those that many people may not even know they have. That is why having a DUI lawyer on your team is so valuable.

A DUI Lawyer Can Help You Today

Even if you are dealing with your first DUI arrest, you should still consider retaining an experienced DUI lawyer to take on your case.

What is a DUI lawyer?

From penalties to additional charges, a DUI lawyer is designed to become your go-to specialist according to Matthew A. Martin, P.C ( https://www.dmv.org/dwi-attorneys.php) whose firm consists of DUI Attorneys in Denver. The benefit of hiring a local lawyer is that they have probably worked in the exact court setting prior to receiving your case. This experience can be beneficial because they will likely know firsthand what it is like dealing with the particular judge and might even be familiar with the officer involved in your case.

What is circumstantial DUI?

Each DUI is circumstantial. Depending on the state that your DUI occurred in, along with your blood alcohol level, your punishment is going to vary. Your lawyer will be able to assess the big picture and give you some insight into the potential fines/jail time that you may have to face. Knowing the consequences of your actions is going to help you decide on your plea, given your case goes to trial. These individuals know the inner workings of the system and will be able to gather all of the information that you need in order to make an informed decision.

Should You Hire a Lawyer?

Remember, your lawyer will be representing you, so choose wisely. ( https://criminal-law.freeadvice.com/criminal-law/drunk_driving/dui-lawyer.htm ):

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.

What is sentence bargaining for DUI?

In addition to plea bargaining, most states have "sentence bargaining.". Sentence bargaining for a DUI is extremely useful where a guilty plea might result in a long period of incarceration. For example, you might be willing to plead guilty to a second DUI but only if you know what your sentence will be. The same is true with an aggravated DUI case ...

What is the BAC of a DUI?

A blood alcohol content (BAC) of .08% or more doesn’t guarantee a conviction. Before you plead guilty, you should learn about the DUI penalties and fines in your state in order to make an informed decision.

Do you need a DUI attorney for a second DUI?

Even if you handled your first DUI by simply pleading guilty, you will most likely need the assistance of a DUI attorney for subsequent DUI charges. That’s because second, third, and fourth DUI offenses almost always involve jail time, as well as far more serious bail bonds and penalties. Hiring an experienced DUI attorney has many benefits—lawyers have familiarity with the court system and the prosecutors, knowledge of what plea bargains and sentence bargains are available, and the ability to navigate complex administration procedures. These benefits are especially important if you are a repeat DUI offender. Read our article on case outcomes and costs for drivers arrested for DUI repeat-offenses.

Can a DUI attorney use a low BAC?

In that case, a DUI attorney may be able to use your low BAC to achieve a better plea bargain your case. And if you have a high BAC, there's generally more at stake, so the assistance of an attorney may be even more critical.

Does an attorney's fee pay for itself?

And consider this: If your attorney bargains down your sentence so that you have lower fines and no requirement to install an ignition interlock device (IID), your attorney's fee could pay for itself. Generally, defendants seem to get better outcomes when assisted by an attorney.

Can I represent myself in a DUI case?

Yes, it is possible to represent yourself in your DUI/DWI case. You can post bail, plead guilty or make a plea deal and, if you're lucky, you might achieve the same results as an attorney. However, that's a best-case scenario. Here are five things to consider before handling your own DUI.

Can you lose your insurance if you have a DUI?

You can expect your insurance premium to rise dramatically after a DUI conviction. It may not only quadruple, but you could also lose your coverage entirely. And proof of auto insurance is mandatory in most states, which means that without coverage, you could have trouble getting to work every day. Additionally, many employers require workers to carry their own insurance coverage, which may mean losing your job completely if it involves driving. An attorney might be able to reduce charges or negotiate a plea deal that doesn’t result in your losing insurance or having your insurance rates skyrocket.