what type of lawyer represents dui drivers?

by Mr. Jordon Lynch I 8 min read

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.

Driving under the influence is considered a crime in every state. So, DUI charges are handled in criminal court. You have a right to represent yourself in criminal court. But most defendants either hire a private lawyer or are represented by a public defender appointed by the court.

Full Answer

Can a lawyer represent you in a DUI case?

Roger E. Haynes is a DUI lawyer that provides legal representation for Dallas, Texas, clients who are facing fines, jail time, or license revocation. He has been practicing law in Dallas since 2000 and has more than 22 years of experience with DUI cases. Attorney Haynes also offers state and federal criminal defense.

Should I hire an attorneys specialized in DUI cases?

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. Hiring a Private DUI Attorney. In most areas, there are lots of attorneys who handle DUI cases. So, choosing who to hire can be difficult.

Do I need a lawyer for a drunk driving charge?

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. Most defendants see the price as the major drawback with private lawyers.

Who is the best DUI lawyer in the US?

Sep 17, 2020 · 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 what is known as drunk driving per se and other laws, making it mandatory for intoxicated drivers to be judged on the DUI charge. 1 ...

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How much does a DUI lawyer cost in PA?

The consumer services matching provider, Thumbtack, estimates that the national average cost for a DUI lawyer ranges from $1,025 to $2,950, with a median cost of $1,740. Personal finance website, Nerd Wallet, estimates basic legal fees of $1,000 for a simple DUI case.

How much does a DUI lawyer cost in Georgia?

Most attorneys will work on a flat fee. An experienced DUI defense attorney has done this countless times. They will know what you're up against. Reasonable fees will run in the range of $1,500 to $5,000.

How much is a DUI lawyer in Massachusetts?

between $5,000 and $10,000.00Most good Massachusetts Lawyers who specialize in DUI charge between $5,000 and $10,000.00. Good lawyers aren't cheap and cheap lawyers aren't good. Legal fees usually represent the largest expense in a Massachusetts First Offense DUI case.Jan 22, 2011

What are the consequences of a DUI in California?

For a first-offense DUI in California, consequences for conviction generally include three years of informal probation, fines of $390 plus “penalty assessments” (totally approximately $2000, and completing a first offender alcohol program that consists of a 30-hour class, at a cost of about $500.

How long does a DUI stay on your record in GA?

foreverGeorgia law says that a DUI will stay on your criminal record forever. There is also a look-back period of 10 years associated with a DUI charge in Georgia. This means that if you repeat the offense within the next 10 years, you'll be charged as a second offender.Jan 21, 2022

What Can a DUI be reduced to in Georgia?

Reckless DrivingA reduction to Reckless Driving is technically a win as the DUI charge is dismissed. There is no mandatory drivers license suspension with a Reckless Driving conviction, just 4 points on your license. There is no mandatory minimum punishments with a Reckless Driving conviction like there are with a DUI conviction.

How much does a DUI cost in Massachusetts?

$50 Victims of Drunk Driving fee. $500-$1000 driver's license reinstatement fee.

How much does an OUI cost in Massachusetts?

OUI-1st Offense: Alternative disposition/ plea negotiation: 1 Hr. class once a week/16 weeks) States fines/fees: $600. License Suspension 45- 90 days (on and after the suspension for breath test refusal (if any), unless under 21.

How much is a DUI 2021 California?

* How much does a DUI cost? California DUI fines range from $390 to $5,000 plus penalty assessments & fees that can raise the total cost to $18,000, depending on your DUI charge. DUI with injury or property damage may also require you to pay injured parties.

How likely is jail time for first DUI California?

For a first DUI offender, you may face 2-days in jail but will receive an additional 48-hours if you refused BAC testing. For every subsequent DUI conviction, the court will impose a mandatory minimum jail time. If you caused an injury or fatality, the penalties are more severe.

How long do DUI stay on your record in California?

10 yearsFortunately, a DUI charge does not stay on your driving record forever. Generally speaking, it remains on your driving record for up to 10 years and is viewable by the DMV and law enforcement during that time. The other good news is that a DUI conviction on your driving record does NOT show on most background checks.

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...

How to choose a DUI lawyer?

How do I choose a DUI attorney? 1 Look for attorneys experienced in DUI case law 2 Ask for referrals from family and friends 3 Check the internet for reviews, keeping in mind that no two DUI cases are exactly alike 4 Meet with prospective lawyers (many offer free consultations) to hear their perspective on the case and see whether their personality feels like a good fit 5 Ask whether the lawyer will be the primary representative or if the case could be passed to an associate and how many clients the lawyer/firm represents at one time 6 Discuss billing options — the difference between an hourly rate and flat fee can be considerable

How much does a DUI lawyer cost?

Ultimately, a DUI lawyer could cost as little as $700 or bill in excess of $4,000.

What is Pate and Paugh?

Founded in 2015, Pate & Paugh LLC provides access to experienced DUI attorneys in Wichita and other parts of the state of Kansas. The practice handles matters relating to child endangerment charges, hits and runs, personal injury caused by drunk driving, felony DUI, and underage driving under the influence. The service also deals with appearances at state and federal courts, breathalyzer test defense, and hearings at the Department of Motor Vehicles.

Who is Shawn Elliott?

Shawn Elliott, Attorney at Law, is a criminal defense practitioner with offices in Wichita, helping clients defend against charges of driving under the influence of alcohol or drugs. Mr. Elliott's experience as a municipal prosecutor ensures he has a firm understanding of both sides of the legal process. He understands the severe consequences of a suspended license and uses his experience to fight for the legal rights of his clients in both intoxication and open container situations.

What is driving under the influence?

The terms driving under the influence (DUI), driving while impaired (DWI), and operating a vehicle under the influence (OVI) are all legal phrases that refer to the crime of operating a vehicle while impaired by drugs (illegal or prescription), alcohol, or both.

What is the BAC of a DUI?

In some states, a driver with blood alcohol content (BAC) in excess of 0.08% can be brought up on DUI charges while other states set a higher threshold or increase the severity of charges in accordance with the level of intoxication.

Who is Kent Collins?

Kent Collins Attorney at Law is a firm serving individuals located in Wichita and throughout the surrounding areas. The firm is able to defend clients facing DUI charges and help them avoid the consequences and penalties that may result from a conviction. Its team can also take on complex cases involving minor passengers or consumption of alcohol by a minor. Mr. Collins has been practicing law for over 25 years.

What is a panel attorney?

Panel attorneys are private lawyers who are paid by the court to represent indigent criminal defendants.

Do DUI attorneys offer free consultations?

An attorney's knowledge and skill can certainly come into play in reaching a good deal. But if you want to take your case to trial, you might want an attorney who has a decent amount of trial experience. Free consultations. Many DUI attorneys offer prospective clients a free initial consultation.

Is DUI a complicated case?

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.

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 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 all criminal defendants have the right to an attorney?

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.

Should I have an attorney for a DUI?

The bottom line is you don't want to try a DUI case on your own—if you're going to trial, you should have an attorney. Protect Yourself. Talk to a Lawyer About Your Case. Enter Your Zip Code to Connect with a Lawyer Serving Your Area. Practice Area.

Can you represent yourself in a DUI 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 usually comes only with considerable experience. A lack of legal knowledge and trial skills will put you at a severe disadvantage in court. And judges typically have little patience for self-represented defendants who don't know the rules of court. The bottom line is you don't want to try a DUI case on your own—if you're going to trial, you should have an attorney.

What can an attorney do for you?

An attorney can help you complete some requirements prior to your court appearance.

What does BAC mean in DUI?

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.

Why is my driver's license suspended?

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.

Who is Buddy T?

Buddy T is an anonymous writer and founding member of the Online Al-Anon Outreach Committee with decades of experience writing about alcoholism. Andrea Rice is an award-winning journalist and a freelance writer, editor, and fact checker specializing in health and wellness.

What are the factors that could lead to an enhanced sentence?

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 

Who is Andrea Rice?

Andrea Rice is an award-winning journalist and a freelance writer, editor, and fact checker specializing in health and wellness. Learn about our editorial process. Andrea Rice. on September 17, 2020. Vstock LLC/Getty Images.

Can a DUI affect your future?

DUI is a serious offense that could affect your future and employment. Most attorneys will tell you that you "need" to hire an attorney who focuses on defending drunk drivers. Attorneys promise they "may" be able to save your driver's license or get your drunk driving charge reduced or dismissed. The key is the word "may.".

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.

What are the two types of plea bargaining?

There Are Two Types of Bargaining: Plea and Sentencing. If your state doesn’t prohibit plea bargaining down a DUI (where the charge is reduced to a lesser one, for instance, from a DUI to reckless driving ), hiring an attorney who is familiar with local prosecutors could make an important difference in the bargain you get and in ...

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 plea bargain a DUI?

If your state doesn’t prohibit plea bargaining down a DUI (where the charge is reduced to a lesser one, for instance, from a DUI to reckless driving ), hiring an attorney who is familiar with local prosecutors could make an important difference in the bargain you get and in the penalties and post-conviction remedies that are imposed on you.

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.

Do DUI attorneys pay for themselves?

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.

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.

What is a criminal lawyer?

Criminal Lawyer. There are three types of criminal lawyers, 1) Prosecutors Attorney, 2) Public Defense Attorney, and 3) Private Defense Attorney. A criminal lawyer specializes in criminal law, and represents clients in due process from point of arrest, to of bail, arraignment, pleas and trial should the case proceed without conviction ...

What is a disability lawyer?

Social Security Disability Lawyers specialize in advising Social Security Disability clients in establishing eligibility and petition filing, and in appellate petition filing where benefits have been terminated or otherwise denied.

What is toxic tort lawyer?

Classified as personal injury attorneys when representing plaintiffs, toxic tort lawyers are responsible for due diligence on client’ claims involving the gathering and analysis of medical records, and preceding cases related to a toxin.

How much does a bankruptcy lawyer make?

The average salary of a bankruptcy lawyer is $113,000, annually.

What is an estate lawyer?

Estate Planning Lawyers speciali ze as executors of wills and trusts in representation of estate planning clients. These attorneys are generally responsible for setting up a trust for a client that will later cover the client's children as beneficiaries. Estate law attorneys also provide counsel on retirement plans, life insurance, and charitable contributions. If an estate is subject to probate court filing, an estate law lawyer will also be responsible for litigating the case. Estate law lawyers earn an annual median wage of about $95,000.

How much does a civil rights lawyer make?

The average annual salary of a civil rights attorney is $110,000.

What is an IP lawyer?

Intellectual Property Lawyer or IP attorney gives counsel to clients on issues related to tangible or intangible ideas, inventions, or other intellectual property. The three main areas of regulatory legislation relevant to intellectual property law practice are copyright, trademark, and patent. Patent law requires additional licensing and a technical background in chemistry, engineering, life sciences, or software development.

What are the elements of a DUI?

The elements of a drunk driving offense vary by state. The elements may also depend on what type of impaired driving offense you are facing. This could include: 1 Driving under the influence (DUI) of alcohol with a blood alcohol content (BAC) at 0.08% or higher 2 DUI with a high BAC 3 Underage driving while alcohol-impaired (DWAI) 4 Commercial vehicle DUI 5 Driving under the influence of drugs 6 DUI and causing a serious injury or death to someone else

What is the difference between drunk driving and driving in different states?

The laws of some states require that the person be actually driving a motor vehicle, while others require only that the person be in physical control of the motor vehicle. In some states, this could mean being arrested for DUI in your own driveway in a parked car.

What is the burden of proof for driving under the influence of alcohol?

If you are charged with driving under the influence of alcohol or drugs, the burden of proof of your guilt rests with the prosecution. The prosecutor must prove every element of the offense beyond a reasonable doubt. If there is any doubt about any one of the elements, the jury should find you not guilty. Your criminal defense attorney’s job is to challenge the state’s case and cast doubt on the evidence.

What happens if a police officer makes a traffic stop without a reasonable suspicion?

If the police made an unlawful traffic stop without a reasonable suspicion that you were doing something illegal, then any evidence gathered may violate your constitutional rights. Your criminal defense lawyer may be able to have evidence thrown out of court, leaving the prosecutor without a case.

What is the legal limit for alcohol?

Most states have a legal limit when it comes to alcohol. If a driver has a BAC of 0.08% or higher, the driver is considered impaired, no matter how they were driving. States may also have an impaired driving definition where a driver is considered impaired if they are not safely able to operate, even if their BAC is below the limit.

What is a disability attorney?

The Social Security Disability system can be a particularly complex system in which to navigate. An attorney who specializes in Social Security Disability issues can help you with any step in the Social Security Disability process, including assisting you with eligibility issues, launching an appeal of a decision to deny you benefits and dealing with the reduction or termination of your benefits.

What is an employment lawyer?

Employment Lawyer. Whether you’re a company that’s having a problem with an employee, or an individual who’s having problems with the company you work for, an employment lawyer can generally provide advice about legal issues which arise from an employment contract or within an employment relationship.

What is an estate planning lawyer?

The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.

What is an IP lawyer?

Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.

What can a corporate lawyer do for you?

A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.

What is a worker's compensation lawyer?

If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.

What is general practice law?

Unlike lawyers who specialize in a particular area of law, a general practice lawyer has a practice that handles a wide range of legal issues. Different general practice attorneys will have different areas of law with which they are most comfortable, so if you consult with a general practice lawyer, it’s always prudent to discuss his or her experience in handling the type of legal issue you’re facing.

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Educational Requirements For A DUI Lawyer

Job Description & Skills Required

  • A DUI lawyer is a criminal defense attorney with a specialization in handling DUI/DWI cases. Often, a majority of a public defender’s case load involves DUI cases. A DUI lawyer is an expert in the specific DUI laws pertaining to the state in which he practices. His primary role is to explain the charges to his client, recommend the best course of a...
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Salary & Career Outlook

  • As of 2012, the average salary for a DUI/DWI lawyer is $56,000. However, DUI salaries can vary depending on job location, employer, education and experience. With the growing number of DUI/DWI charges and arrests, there is an increasing demand for DUI lawyers. The Bureau of Labor Statistics anticipates a 13% growth in lawyer occupations, including DUI lawyers, by the year 201…
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