Finding the Right Lawyer in Your Case
Q. I was arrested for DUI. I think I was guilty, but everyone tells me I should get a DUI lawyer. Why should I bother?
A. After being arrested for drunk driving, many people feel so ashamed that they believe they should just go into court and beg for mercy, or just go into court and plead guilty to driving drunk and take their punishment. However, the person arrested for drunk driving is not the best person to analyze the facts of the drunk driving case. Thatís because someone accused of driving drunk does not have the objectivity required to scrutinize the case for all of its weaknesses. Thatís why it is so important to talk to a DUI lawyer right away even if you think you are guilty. Our trained DUI attorneys may help you get a much better outcome in your DUI case.
Thankfully, our American system of justice requires that the prosecution have the burden of proving the guilt in a drunk driving case. This is the same legal standard used in the most serious of criminal cases. Remember, drunk driving is a serious charge, with serious consequences, and the legal standards that apply reflect this.
Right now you need a lawyer, regardless of your feelings about your drunk driving case. Thatís because even if you think you are guilty, your lawyer will be able to analyze your case through the eyes of a trained professional. A qualified DUI lawyer will know the difference between someone that feels guilty, and someone that is guilty, based on the legal standards that apply. Reach out an experienced DUI attorney today. Our lawyers are skilled at DUI defense and can help you fight your case.
Before jumping to the conclusion that someone is guilty, and heaping upon them all of the burdensome DUI consequences that flow from that, there is much work to be done. A good DUI lawyer will review the police reports, will suppress evidence that should be kept out, will get calibration records and accuracy checks of the breath machine. Also, your DUI lawyer will have blood samples retested by an independent lab, will use weaknesses in the case to negotiate a better deal with prosecutors, will go to court on your behalf, so you don't have to disrupt your normal schedule, will get expert witnesses for you to support your case, and will represent you to protect your driver's license.
In short, a qualified DUI lawyer will know what to do to protect you, even if you feel guilty. There is a big difference to feeling guilty, and being guilty.
If you've been charged with a crime, you need qualified, professional help. Talk to a skilled DUI attorney right away if you want to avoid serious penalties. Consultations are ALWAYS FREE!
DEFENSES IN DUI CASES
Q. What are some possible defenses to DUI or DWI? If the machine says I'm above the legal limit, I must be guilty, right?
A. Not necessarily. There are many defenses to a drunk driving case, and these should be explored before even considering pleading guilty to DUI or a related drunk driving offense. An attorney near you who specializes in DUI defense will know more.
There are many defenses available to people accused of DUI or DWI. Since the prosecution has the burden of proving each and every element of the case beyond a reasonable doubt, the defendant need only create reasonable doubt in one area in order to prevail against a drunk driving charge.
It is perfectly legal to drink and drive. It only becomes illegal where a person is under the influence. "Under the influence" is defined differently in each state, but generally means that a person has been drinking (or taking drugs) to the extent that their physical and mental abilities are so impaired that they no longer have the ability to drive a vehicle with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances.
Defenses to the criminal charges may arise from many different areas, and consultation with a DUI or DWI defense attorney is critical to determine which may apply in a given case. An experienced DUI lawyer will know how to combat the stateís evidence, including what type of driving patterns are consistent with sobriety, what the field sobriety tests reveal, what factors can influence the chemical testing, and make it unreliable.
A key aspect of a DUI defense rests on your BAC results. Your DUI lawyer will know whether your BAC was rising, and was below the legal limit at the time of driving, but above the limit when the arresting officer got around to testing it. This is known as the rising BAC defense. It is illegal to drive a car under the influence of alcohol, or to drive a car with a BAC that is above the legal limit. But that is different that simply being above the legal limit at the time the test was done. Alcohol is absorbed into the body over time. Many factors, such as drinking pattern and stomach contents, can impact how quickly the alcohol gets into the system. It is quite possible for someone to be below the legal limit at the time of driving, only to have their alcohol level increase with the passage of time, to a point of being above the legal limit at the time of the breath or blood test. Talk to a skilled lawyer as your BAC could have been obtained at the wrong time.
Other defenses relate to the reliability of the chemical test results. Some people, for example, are simply not suitable candidates for breath testing due to dental problems, which trap alcohol in the mouth and create falsely high breath test results. Others suffer from medical conditions such as persistent heartburn (GERD), which can cause falsely high readings in breath tests. It takes between a millionth and a billionth of a fluid ounce of alcohol to register a .10 on the breath test machines. This is above the legal limit in every state, and can result in a criminal conviction unless fully explored by a qualified DUI or DWI defense lawyer.
Every state has DUI laws about the maintenance, calibration, and accuracy of the breath testing equipment used to test people arrested for DUI, DWI, or drunk driving. Perhaps the breath-testing device was improperly calibrated. Perhaps the person operating the machine hasn't been properly trained or certified in testing DUI suspects. A criminal defense lawyer who practices general criminal defense may not even know where to look for this information. A DUI lawyer, on the other hand, will.
A well-qualified DUI or DWI defense lawyer will know of defenses in the following areas:
FINDING THE RIGHT LAWYER
Q. I've been arrested for DUI. I know I should get a lawyer, but how do I find the right lawyer to help with my drunk driving case?
A. After being arrested for DUI or drunk driving, the first and most important thing to do is to find the right lawyer for you. It is just like needing to find a doctor to do an important medical procedure. Once you find the professional, your job to let the professional do all the work.
At 1 800 DUI LAWS, we have found qualified DUI lawyers to recommend to you to help with your drunk driving case. Unlike the yellow pages, or other forms of advertising that will allow anyone with a check book to participate, 1 800 DUI LAWS uses a thorough screening process to ensure that only well qualified lawyers with excellent track records are included.
In order to become a DUI lawyer for DUI LAWS, our member have to have a proven history of success at going to trial in appropriate cases. He or she must be reachable, and return calls promptly. Our lawyers all have attended conferences and lectures emphasizing DUI or DWI defense. Many also belong to one of several state and national organizations dedicated to defending those accused of DUI or DWI.
1 800 DUI LAWS is not a referral service. It is an association of qualified DUI lawyers. We do not take money and refer the cases elsewhere. We are a network of individual lawyers that are committed to providing the best defense for people accused of DUI, DWI, or any kind of drunk driving offense.
One of the DUI LAWS Member Attorneys is available to help right now. Click here to find one near you.
AFFORDING THE RIGHT DRUNK DRIVING LAWYER
A. There isnít one flat fee for all DUI defense attorneys. There are many reasons the rate will vary including geographic location, reputation, skill and training, and the number of hours required for a particular case. Each of these factors, and more, can affect the fee charged by a DUI attorney to defend a drunk driving case. Other factors include the facts of the particular case, whether an accident or other aggravating factor is involved, whether the person has prior DUI or DWI convictions, whether a jury trial is necessary, whether a DMV or driver's license hearing is necessary, and whether an expert witness is necessary.
While each of the lawyers affiliated with 1 800 DUI LAWS may charge a different fee, they all have a few things in common:
Hiring a DUI lawyer or DWI lawyer to defend a drunk driving case is an important decision. There is a lot at stake. We know that no matter how many cases we've handled, or whom we've represented before, the only case that matters to you is yours. You should feel comfortable with every aspect of your relationship with one of our qualified DUI or DWI lawyers, including the financial arrangements. Often, payment plans are possible with one of our DUI lawyers. A well-qualified DUI lawyer is just a toll-free phone call away.
Q. Can you keep a secret?
A. Absolutely. All of our member DUI and DWI lawyers know that they can't help you if you can't trust them with the truth. A criminal defense lawyer's job is to help the accused, to make sure that no one is convicted unless the prosecution proves each and every element of the crime charged beyond a reasonable doubt. A criminal prosecution is a serious situation, and if you stand accused, you need serious help.
It will cost you NOTHING to reach out to one of our lawyers for a consultation. Discuss your case and find out what kind of defense our attorneys can build for you. It could make a huge difference in the outcome of your case.
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