When choosing a DUI defense lawyer, you need an attorney who demonstrates:
Oct 15, 2016 · A criminal law attorney can help you with your DUI case by helping you understand the complexities of the law. Simply being able to sit down with an experienced attorney and have them clearly explain to you the entire process often relieves a lot stress and removes uncertainty. Not every case is the same; your DUI case might not be like another.
A DUI arrest generally leads to two separate proceedings: a criminal court case and administrative license-suspension proceedings through the Department of Motor Vehicles (DMV). A court-appointed attorney handles your criminal court case but not DMV proceedings. Private lawyers, on the other hand, normally take care of both parts of your case.
Dec 15, 2021 · Attorneys such as Carl Barkemeyer Criminal Defense Attorney in Baton Rouge handle hundreds of DUI cases annually. Carl Barkemeyer is one of the most well respected DWI attorneys in the United States and can help you with your DUI charges. He is located at address 7732 Goodwood Blvd Suite A, Baton Rouge, LA 70806 so feel free to contact Carl ...
Oct 05, 2020 · The DUI attorney is responsible for defending the rights of his/her client. The attorney is also responsible for representing his/her client during the proceedings or hearings. A DUI attorney should have a thorough understanding of the law and his/her jurisdiction and should be experienced enough to handle any issues or questions a defendant may have.
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...
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...
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...
Panel attorneys are private lawyers who are paid by the court to represent indigent criminal defendants.
Defendants often complain about not getting enough attention from their court-appointed attorney. Court-appointed counsel—especially public defenders—are usually very busy. So, it can be difficult for a defendant to get lots of one-on-one time with an appointed attorney.
Whatever your process for finding an attorney, it's important not to delay. Even though your court date might be a ways off, it's often necessary to take immediate action to challenge the DMV's suspension of your license. So, getting in touch with an attorney as soon as possible after a DUI arrest is crucial.
However, DUI law is complicated and the facts of every case are different. So, it's hard for the average person without any legal training or experience to know if there are any viable defenses or ways to minimize the consequences of a DUI arrest.
And a mistake or oversight in handling a DUI charge can easily lead to a bad result that could have been avoided. Whether you go with a private DUI lawyer or a public defender, you're generally better off with an attorney than you are representing yourself.
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The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties. If you've been charged with driving under the influence (DUI) and the facts of your case are fairly straightforward, it might seem like a waste of money to hire a DUI attorney.
Are you wondering what type of attorney for DUI or what type of lawyer do I need for DWI charges? This article will answer that question and many others you may have. Read on below to learn exactly who you should hire for DUI charges and how to go about finding the best attorney in the process.
If you are reading this article, you are probably going through the rough first few days after getting a DUI. Getting hit with DWI charges can significantly impact your life in many ways. Some of the immediate consequences you may be facing include:
You have already gone through the devastating struggle of being arrested and possibly even spending multiple nights in a jail cell. By this point, You’ve had to inform your family members and close friends. You might have even been struggling with having to tell your employer, or worse, losing your employment altogether.
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.
With a plea bargain, you agree to plead guilty in exchange for lesser charges from the prosecution.
In states without the wet reckless charge, you may be able to plead down to a reckless driving charge. You can win a plea bargain on your own, especially if the facts are strongly in your favor. However, if your case is less clear, an attorney may have a better chance of success.
Getting a reduced sentence. Where judges have discretion in handing down punishments, sentence bargaining may help you get a lesser sentence. However, even if a judge has discretion they don’t always use it. Many see so many DUI cases they don’t have time to look carefully at each one, so they stick with a standard sentence for nearly all DUI first ...
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.
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.
In these cases, an attorney may not be able to do much for you. However, if there are any facts about your case that may increase your penalty, such as an extremely high BAC or an accident, or aspects that might decrease your penalties, such as procedural issues during your arrest, you may want to hire a lawyer.
An attorney can help you complete some requirements prior to your court appearance.
Blood-Alcohol Level Determines Guilt. What the per se laws say is, in every state in the U.S., if your blood-alcohol content (BAC) is above the legal limit, you can be found guilty of DUI.
The reason for this is because your driving privileges are granted by a state, which means that the state, therefore, can take your privileges away.
If your blood alcohol level measures .08 or above, you will lose your license, be required to pay fines and/or higher insurance rates, and will face conviction.
If there are other factors that could lead to receiving an enhanced sentence, such as a repeat offense, property damages, injuries, or endangerment of a child, you may have "aggravating circumstances." 4
The key is the word "may.". An attorney may be able to reduce charges or preserve your driving privileges, but this is not guarunteed. There was a time when hiring a drunk driving attorney could result in you being able to plead to a lesser charge—such as reckless driving—pay a fine and be done with it. But that was before all 50 states passed ...
If you can afford to pay a DUI lawyer's fees, then hire the best attorney you can afford. If this is your first experience with breaking the law and you are overwhelmed by the process, a skilled attorney can walk you through the steps and help make things go as smoothly as possible.
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.
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.)
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.
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 ).
Generally, all criminal defendants have the right to an attorney. If you can't afford to hire your own lawyer, the court will appoint one for you. Appointed attorneys are normally from a public defender's office.
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.
However, hiring a private DUI attorney (assuming you can afford one) can be well worth it. Of course, when you're retaining an attorney, you get to decide who that attorney will be. Attorneys who specialize in DUI cases often have an in-depth understanding of DUI law and defenses that other attorneys don't have.
I agree with with Mr. Driessen...the thing that stood out in the facts you presented is the very large disparity in the BAC levels.
The one thing I notice that is a potential issue for the prosecutor is that there is no way the breath machine was accurate at the time of your arrest if you got readings of .13 and .16. If that occurred an error should have showed and you should have submitted a third breath sample.
Only by hiring an attorney will he/she be able to asset your case. There are many facts that could possibly play in your favor. As for when to get the best plea, it depends. If there are facts from the police report that play in your favor then a better deal may come after the arraignment...
It sounds like you have a pretty good grasp of things. There are mandatory fines on a first offense DUI; a mandatory alcohol program and a license restriction. Now, however, Los Angeles (as a pilot project county) is requiring a mandatory ignition interlock devise for four months on a first offense.
Many people who are arrested for drunk driving hesitate to call a lawyer. They worry about the expense. Or they plan to plead guilty. Or they believe they can defend against the charges on their own.
If you plead guilty to a first-offense DUI in Pennsylvania, you are subject to loss of license for one year. You …