why its important to get a lawyer when you get a dui

If you have been arrested for a DUI, it’s vital to hire a criminal defense lawyer as soon as possible. This is because it is a serious crime and the consequences can be severe. It is important to have a strong lawyer by your side, so that you can protect your rights and fight your case with confidence.

Full Answer

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 do I find the best DUI defense lawyers?

• Questions about the attorney’s experience, such as what percentage of the lawyer’s workload has been dedicated to similar cases.
• How often the lawyer has worked out plea agreements.
• The number of trials the attorney has handled, including what percentage go to trial.
• Whether you should go to trial or plead guilty.

More items...

When to hire a DWI attorney?

When you're deciding which DUI attorney to hire, you should take these factors into consideration:

• Their familiarity with DUI/DWI laws in your state. Consider how many DUI cases they've been involved in, how much of their legal practice is devoted strictly to defending DWI cases, ...
• Fees for their services.
• How much of your case they will directly handle . ...
• Their relationship to the prosecution . ...

How much does a DWI lawyer cost on average?

When entering a plea, a DUI lawyer typically costs anywhere between $700 and $1,500. If you end up going to trial, the costs associated with this process ranges between $1,500 and $4,000 on average, or as expensive as $10,000+ for more extreme cases.

What I learned from getting a DUI?

Another important lesson that comes from getting a DUI is to think before you act. The penalties of a DUI are severe enough to change your life forever. Depending on your level of intoxication, you could lose your license, lose your job, or end up struggling financially.

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.

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.

What happens with your first DUI in Oregon?

A first DUI conviction in Oregon will result in a minimum of 48 hours in jail or 80 hours of community service. Additionally, there will be a minimum $1000 fine and a 1-year license suspension. A conviction will also require the treatment conditions that were present in the diversion as well.

How long does a DUI stay on your record?

five to 10 yearsA DUI or DWI usually stays on your driving record for five to 10 years and your insurance record for three to five years. Besides all of the legal trouble that can come with a DUI, your driving record is blemished. A DUI stays on your driving record for five to 10 years in most states.

Will I go to jail for my first DUI in California?

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

Do all California DUI convictions require jail time?DUI OffenseMinimum Jail TimeMaximum Jail Sentence1st DUI48 hours6 months2nd DUI (within 10 years)10 daysUp to 1 year3rd DUI (within 10 years)120 daysUp to 1 year4th (or more) DUI (within 10 years)180 daysUp to 3 years

How do you get a DUI dismissed in Oregon?

If you've been arrested or cited for DUI, there may be several ways to dismiss your Oregon DUI case:No charges filed. ... Convince the local District Attorney's Office not to file a case. ... Convince the local District Attorney's Office to dismiss the case. ... Motion to Suppress. ... Motion to Dismiss for Lack of Speedy Trial.More items...

Do I need a lawyer for a DUI in Oregon?

If you're innocent, your lawyer will defend you and work to prevent you from serving time. Even if you made a mistake and you're guilty, you still need an advocate. If you want to protect your freedom, livelihood and social standing, it's important to hire a DUI lawyer in Portland, OR.

Can a DUI be dismissed in Oregon?

It is possible to save your OR driver's license from getting suspended and immediately get DUI charge dismissed. This case-winning outcome happens when arrest-specific defenses based on police report errors or paperwork technicalities are identified early enough to help.

How long does a DUI attorney have to pay insurance premiums?

Your DUI attorney can also negotiate lesser charges in your case in order to avoid high-risk insurance premiums. These premiums are mandatory for at least three years after receiving a DUI and can have a serious impact on your financial situation.

How long do you have to report a DUI?

As with any criminal case tried in the court system, you will be required to report for probation for at least ninety days if you’re found guilty of a DUI charge. But, a DUI attorney may be able to reduce your charges so that probation is not on the table.

Is driving under the influence illegal?

Driving under the influence is dangerous and illegal . And, if you’re caught you could face jail time and fines, not to mention humility. The best thing you can do to avoid a DUI is to hand over your keys or find a different mode of transportation if you’ve been drinking.

Can you drive after being arrested for DUI?

As soon as you’re arrested for a DUI, your license is immediately restricted until further notice. You won’t be able to drive at all for the period of time which you are going through court proceedings. But, a DUI attorney may be able to get your charges reduced enough so that you can get your license back when the case is over.

You Have Questions About Your Field Testing or Chemical Testing

Police officers have to follow certain procedures when they collect evidence during your arrest.

You Need Access to Your Car

After a DUI, you might automatically lose your driver’s license. An attorney may be able to help.

You Have Professional Licensure to Maintain

A DUI conviction can threaten anyone’s career prospects. If you’re convicted, it will appear on your permanent record. Anyone who runs a background check on you, including potential employers, will see your conviction.

There Were Additional Circumstances During Your Arrest

There are some situations where prosecutors will seek even harsher penalties.

Should I hire a lawyer for a DUI?

It can be difficult deciding whether or not to hire a lawyer if you've been charged with a DUI. On one hand, an attorney can help defend you against less-than-solid charges or where the stakes are especially high. On the other hand, you don't want to spend all of that money for something you think you can do yourself with a little elbow grease and determination. But, considering the consequences of a DUI conviction, it's usually a good idea to at least consult with an local DUI attorney. After all, the attorney will be much more knowledgeable about your local DUI laws and how best to defend against the charges.

Do you need a lawyer for a DUI?

You probably won't need the help of a lawyer if it is your first offense; there were no injuries; and there is a very high probability that you will be convicted of a DUI. In these situations, chances are fairly high that you will plead guilty or no contest and then be subject to the standard sentence and administrative penalties. If your BAC was particularly high (0.08 percent is the limit in all states) and/or if the officer has additional, strong evidence of impairment (erratic driving, smell of alcohol on the breath, slurred speech, etc.), then the likelihood of a conviction is quite high.

Is reckless driving a prior DUI?

So what, exactly, would you plead down to in such a case? Typically, reckless driving will be the lesser charge; but some states -- including California -- also have what is called "wet reckless," which acknowledges the impairment but carries a lighter sentence than DUI with no jail time. Also, your driver's license will not be suspended after a wet reckless unless your BAC is higher than .08 percent. But keep in mind that a wet reckless conviction may still be considered a "prior DUI offense" if you are charged with a second such offense.

Can an attorney negotiate a DUI charge?

And if it's a DUI charge involving drugs other than alcohol, an attorney may be able to negotiate away random drug testing or other conditions of probation. But, as with plea bargaining, "sentence bargaining" goes much smoother when handled by an attorney.

Should I consult a DUI attorney?

But, considering the consequences of a DUI conviction, it's usually a good idea to at least consult with an local DUI attorney. After all, the attorney will be much more knowledgeable about your local DUI laws and how best to defend against the charges.

Is DUI a criminal offense?

Driving under the influence ( DUI ) is a very serious criminal charge in most states, despite how common it may seem, since impaired driving puts the lives of so many people at risk.

Can you get your license suspended for a wet reckless driving?

Also, your driver's license will not be suspended after a wet reckless unless your BAC is higher than .08 percent. But keep in mind that a wet reckless conviction may still be considered a "prior DUI offense" if you are charged with a second such offense.

Is it scary to get a DUI in Montana?

Getting a DUI is scary on multiple levels. It can be an unpleasant awakening to a drinking problem, or it can be frightening because you’re innocent. It’s mostly intimidating because it has such long-term effects. In Montana, a DUI is on your record forever and cannot be taken off.

Can a private attorney help with a DUI?

DUI cases typically involve suspending your license. The public defender’s office cannot handle this type of issue for you, only a private attorney can help you with civil license suspension issues. If you want to contest the DMV license suspension, you have a limited time to act or you lose your opportunity. We can file a petition on your behalf to attempt to un-suspend your license and get it back for you and actually explain the process to you.

Why do you need a DUI lawyer?

Hiring a DUI lawyer might also help in having your sentence reduced, should you plead or be found guilty. For example, your attorney can set up a deal in which you'd agree to plead guilty, only because your punishment for the DUI would be reduced. Some situations in which this would be a good route to take include:

What can an experienced DUI attorney do?

An experienced DUI attorney can analyze your case, and determine whether or not you can pursue having the charges against you dropped.

How to hire a lawyer for a DWI?

Consider hiring a DUI lawyer when: 1 This is NOT your first DWI arrest. 2 Someone is injured or killed as a result of your DUI. 3 You believe that you're not guilty. 4 You think you can reduce your charges from DWI to reckless driving. 5 You're a commercial driver (e.g. truck driver, delivery person, bus driver, etc.).

What happens if you get harmed by a DWI?

In the cases listed above, you will most likely serve some form of jail time, have your license suspended, and/or have to pay a hefty fine.

Can you be put on probation for a DUI?

Lengthy DUI program attendance. You will most likely be put on probation to compensate for the wet reckless charge. Despite the reduced punishments, your car insurance company will still see a wet reckless as a DUI/DWI arrest and adjust your premium accordingly.

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.

Is DUI a serious offense?

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."

Can I afford a DUI lawyer?

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.

Can an attorney help with a sentence?

An attorney may be able to help mitigate some of those factors, but in many states, even those sentence enhancements carry mandatory penalties—especially for repeat offenders. In serious cases such as these, hiring an attorney may not help change the outcome of your case. However, it is possible that the terms of your sentence could be reduced in terms of severity with the help of an attorney.

Can you get your license suspended if you are convicted?

As for the two states that do not have ALRs, your license is not suspended until you go to court, but it can become suspended if you plead guilty or are convicted. Instead of ALRs, Pennsylvania uses Occupational Limited License (OLL) and Ignition Interlock Limited License (IILL) programs, and Louisiana mandates ignition interlocks for high BAC (.20 and above) and for repeat and first-time convictions. 3