why do i need a lawyer for a drunk driving charge

However, when you’re convicted of DUI, you must hire an attorney because so much more is at stake. For instance, your driving license is restricted the moment you get arrested for a drunk driving offense. This prevents you from driving until the court decides your case.

Full Answer

Do I need a lawyer for a drunk driving charge?

Jan 11, 2021 · Representation by a DUI lawyer gives you the best chance of navigating through the legal process to a result that minimizes the negative impacts on your life to the extent possible. Before you take any steps after your arrest, you should consult with a DUI lawyer about what options and alternatives are available for proceeding.

What kind of lawyer 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 private attorney represent you in a DUI case?

Sep 17, 2020 · 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."

Is it worth it to hire a DUI attorney?

Jul 01, 2020 · A good attorney can help minimize your penalty or sentence because when it comes to legal matters, knowledge, and experience are invaluable. Lower Court Costs It’s no secret that court costs add up...

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...

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.".

Why do you need an attorney for a DUI?

However, when you’re convicted of DUI, you must hire an attorney because so much more is at stake. For instance, your driving license is restricted the moment you get arrested for a drunk driving offense. This prevents you from driving until the court decides your case. You also run the risk of losing your driving rights for a certain period ...

What happens if you get convicted of a drunk driving offense?

If you’re convicted of a serious drunk driving offense, you may be asked to install an ignition interlock device for a certain period after your driving privileges get restored. Every time you take the wheel, you’ll have to blow into the device which checks whether you’re drunk or not.

How long does an alcohol interlock last?

In most cases, a convicted driver needs to take part in the alcohol interlock program for one year after resuming driving. However, these devices can be embarrassing, not to mention expensive. Furthermore, the responsibility of installing and maintaining the device is completely yours.

What happens if you get a DUI?

Every DUI is different as are their outcomes. Some result in hefty fines, jail time, and a permanent suspension of the driving license. Others may lead to moderate fines and a temporary suspension of the offender’s driving license.

Can you lose your driving privileges?

Losing driving privileges can seriously impact your work, social, and home life. That said, all is not lost. An experienced and reputable DUI lawyer can save the day for you by getting your charges reduced so that you can have your driving license reinstated after your case is over. Reduce Insurance Costs.

Can a DUI be removed from your record?

Depending on the details of the case and your criminal history (if any), your lawyer may be able to reduce the consequences and even get your DUI removed from the record. A DUI can seriously damage your reputation, so having it removed is a big plus.

Is it illegal to drive under the influence?

For this reason, it’s important to hire an experienced DUI attorney. Driving under the influence (DUI) is illegal and dangerous. Research shows that more than half of the severe highway accidents are linked to alcohol consumption and often result in serious injuries or death. In case you’ve been caught driving under the influence, ...

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.

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.

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.

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 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 Is A Public Defender?

You might not know this but many lawyers do start their career as public defenders. Contrary to popular belief, public defenders are licensed attorneys. However, the reality is that hiring a private attorney will get you higher chances of winning your case or of having it archived.

Can I Get A Public Defender For A DUI Case?

The simple answer to this question is yes, you can be appointed a free attorney for a case of driving under the influence. But the real question to be asking is whether you should do so or not. First of all, with any attorney you decide to hire, you should make sure they are knowledgeable enough about the law concerning your specific case.

Am I Eligible To Get Appointed A Public Attorney?

At your first court appearance, the judge will advise you to have an attorney and will ask you if you want to have a court-appointed lawyer to defend you in the case. This is the moment when you can request to get a public attorney if you don't wish to hire a private one.

Do I Have Good Chances Of Winning My DUI Case With A Public Defender?

Before deciding to be represented by a public defender, it is always a good idea to know how to get a free public defender works. Let's be realistic: with a public defender, your chances to win your DUI case are very little, which is why, if you can, it is always better to hire a private attorney.

Will My Public Defender Beat My Case?

If you want your charges dropped, you should consider hiring a private lawyer. This is because public defenders are generally referred to as general legal lawyers, meaning that they are not specifically familiar with your case. On average, the skills needed to beat your DUI case are above the experience level of a public defender.

What If I Decide To Self Represent In My DUI Case?

As stated previously, in the state of Illinois, it is possible to represent yourself in a DUI case. However, if you don't have the right knowledge of the law and of how legal processes work, it is highly unavoidable. Most of the time, if you decide to self-represent yourself, you will have low chances to win your case.

What Happens When I Plead Guilty to a DUI?

When you plead guilty, the court will enter a conviction, which is virtually the same outcome you would have gotten if you went to trial with a guilty verdict.

Is the first case still open?

It sounds like the first case is still open. If you are convicted in the new case, this may be a violation of your original sentence. Not only should you retain a local attorney , you may have to back to your first attorney in the event of a violation.

Do I need an attorney for a DUI?

You need an attorney for a first DUI. Since this is your second and there was an accident, you definitely need an attorney. Two DUIs is indiciative of a drinking/alcohol issue. You should seriously consider being evaluated.

Can I get a public defender?

First off, a Public Defender is an attorney and if you are unable to afford a private attorney then you should absolutely apply for a Public Defender. A private attorney would give you more "face time" and is usually more available to you to answer your questions.#N#It seems like you may have 2 problems here - 90 day mandatory minimum for the...

Can I go to court without an attorney?

Yes. That is the simple answer. I do not recommend that anyone goes into court without an attorney. If you are concerned about your professional career, protect it. Call a lawyer ASAP.