What happens in a DUI trial? Most DUI cases do not go very far in trial. Usually, a guilty verdict is made, and the case is turned over to sentencing. Other times, you might get a plea bargain with the prosecution, though these are rare in DUI cases.

It’s not just a guilty plea or a plea bargain because the defendant is always guilty. Just because most plea guilty to a DUI charge does not mean you have to. You have rights, and you’ll have your day in court. But what really happens?

First of all, this a criminal trial, and the penalties can lead to misdemeanor or felony charges. In criminal cases, a judge and jury can hear the case, though jury trials are less common in DUI cases. The prosecution – in other words the state prosecutor – will be trying to prove you are guilty of drinking and driving, or using substances and driving. You and your lawyer will be saying there is doubt in this case, that there should be no punishment or punishment should be limited.

You need a DUI lawyer unless you are a DUI lawyer yourself. Even if you are a lawyer, and have court room experience, DUI law is too complex to be done by yourself. You also have the option of using a court appointed attorney; unless you plan on pleading guilty, this is a bad option too.

The first step in the case is choosing a jury. You have a right to a jury, but in some cases you may prefer a judge; your lawyer can help with this situation.

Make sure your lawyer has court room experience. For one, both sides will be trying to choose a jury who will help their case; someone who was hit by drunk driver, for example, may not be the type of juror you want as a defendant.

Next you have the opening statements, witness testimony,  and cross examination. Here your lawyer will earn his or her money, making the case that you are innocent, questioning things like the validity of the breathalyzer tests or the arresting officer’s conduct. A witness or expert can often make or break a case. In cases where something occurred upon the arrest which was wrong, a witness can be brought. If the BAC (blood alcohol content) test was questionably administer by the arresting officer, an expert may cast doubt on the charges.

After your lawyer makes his or her final argument, a jury will go into deliberation and decide whether you are guilty or not guilty, as well as what penalties you should face.

This process can sound like reading a different language. Unfortunately, it’s not as easy as you see on TV, and unless your lawyer can prove your innocence clearly, most DUI charges lead to some penalties. That makes hiring the right lawyer very important.

Ready to get Help?

Complete our Free Case Evaluation form and a DUI Lawyer will review your case for Free!

A DUI arrest can occur in a variety of ways. Because a defense can often successfully show an arrest was improper, it’s good to know what the officer does before and after the arrest has been made. You will have your day in court for a defense. This blog guide can help you with the basics of what occurs and how a defense will be made. For further information, contact an experienced DUI lawyer.

What is an arrest?
An arrest is not so obvious as to be ignored when preparing for a defense. It occurs when you have been taken into police custody and you are no longer allowed to leave. In other words, the cuffs are on and you can’t go home just yet. You should never resist an arrest: this just hurts your case. Allow yourself to be arrested. You will be able to make a defense in court, especially if the officer acted wrong.

When They Can Arrest – The Crime
Here, the officer has seen you commit the crime. This is of course quite common in criminal law. For a DUI case, it might be the officer seeing you are drinking alcohol while driving. If they pull you over and see further evidence of drinking – cans on the floor and alcohol on your breath – the arrest is always made and is technically correct.

When They Can Arrest – Probable Cause
In this situation, the officer has reason to believe you’ve been drinking. It’s perhaps the most common occurrence, because if you’re driving erratically, the officer can pull you over. For example, an officer sees you crossing in and out of lanes, decides to pull you over, and upon a breathalyzer clearly sees you are driving under the influence.

When They Can Arrest – The Warrant
This does not occur as often as the other cases. When an arrest warrant is issued for you, that means a judge has signed a legal document allowing for your arrest, based usually on the testimony of an officer.

Your Right to a DUI Defense
You have the right to defend based on any of these circumstances. Just testing positive for alcohol or drugs does not mean an “open and shut” case where you’re punished. Yes, most DUI charges come with some penalties, but quite often an experienced lawyer can put holes in the prosecution’s case. For example, the arresting officer may have broken your constitutional rights in some way, perhaps pulling you over only because you were a minority, or never explaining your rights to you. There are many other examples beyond the officer making a mistake – such as how close the blood alcohol content level is to the limit – and a DUI lawyer can help.

Ready to get Help?

Complete our Free Case Evaluation form and a DUI Lawyer will review your case for Free!

Plea bargains are rare in DUI cases, but remember that successful DUI defenses themselves can be difficult. For one, if the officer, the breathalyzer, and the blood test say you were over the legal limit, you will likely have trouble defending the charges. There are many defenses for DUI, however, and this is not to say you have no chance. In fact, DUI defenses can limit charges based on the actions of the officer, the validity of the tests, and the exact circumstances of the arrest.

As our first point, if an officer pulls you over for no reason, you have rights. You can’t just be pulled over for no reason; well, legally you can’t. If an officer profiled you because of the make of your car, your skin color, your sex, or any other reason, and makes no clear case for why he or she pulled you over, you often have a strong DUI case. Officer profiling is an unfortunate fact of life, but it does not make it right. This defense can be difficult to prove without a good lawyer.

Or the officer could have made other mistakes. He or she might have caught you sitting in a car but not driving. This actually does happen, where you weren’t driving and sometimes had no intention of driving. In this case, a defense can be made that you were not driving at all, therefore breaking no laws.

An officer can also fail to use the breathalyzer correctly. It’s common for drivers to believe the breathalyzer is 100% accurate. It’s not. It depends on how the officer uses it. If you fail the blood test, that is much more damning in court, as it’s the most accurate test for alcohol.

The last mistake an officer may make we’ll go over is the Miranda. By law, upon arrest you need to be told your rights – you have the right to remain silent, to an attorney, etc. – and if not, the officer has made a big mistake. This too doesn’t happen to often, but sometimes the arresting officer can forget and this leads to a strong defense.

Defenses are based on many other points beyond how the officer acted. The main goals of a DUI defense are to cast doubt on the officer, on the evidence against you (like the BAC tests), and to prove you were no danger to other drivers.

While rare, plea bargains can be struck in cases where the defense has proven a key point. If the officer’s arrest can be doubted, it can lead to a successful innocence plea. Where there is more evidence, and it’s clear you were drinking or using drugs, plea bargains can be made to save time. While it may sound odd, in criminal law courts plea bargains are quite common, mainly because of the backlog in the system and full prisons. This does not happen too often in DUI, as you rarely spend major prison time and DUI arrests are quite often punished.

The basis of a plea bargain depends on the nature of the crime, the strength of evidence in the case, and the chances you’ll get a guilty charge in the final sentence.

Who can help with this? You will have no DUI defense without a DUI lawyer. A DUI lawyer is your best means of getting charges dropped or a plea bargain. Of course, charges dropped is much better, but usually you will get some penalties. The main goal of a DUI defense is to limit charges, by showing evidence and influencing the opinion of judge or jury.

Just remember, without a proper lawyer in any criminal law case, your chances of charges being dropped or getting a plea bargain are much less.

Ready to get Help?

Complete our Free Case Evaluation form and a DUI Lawyer will review your case for Free!

Getting a driving under the influence (DUI) charge is unfortunately a common occurrence, just as alcohol or drug related driving deaths are quite common. It can be difficult to cope with the damages that come from getting a DUI. Some believe they can get out of it easily … others may feel they will ever be free of it … still more make mistakes when it comes to representation. This blog guide points out many myths that are clearly wrong. Let’s see if you believe any of them.

1-You Can Drink and Drive (Sometimes)
Some think it’s okay to drink some and drive, or to use some drugs, or to drive under age while drinking any amount. Accordingly, DUI arrests occur. Why? Some take alcohol better than others, and it’s nearly impossible to know if you are over the legal limit. If you use even some drugs, it can influence your ability to drive, and if they are illegal drugs, that’s breaking the law already. And remember: if you are under age, all states punish you for having any alcohol in your system, charging you for as little as a .01 level of alcohol.

Since you can never be sure what will happen on the breathalyzer, not to mention what will happen to your driving ability (leading to an accident), you should never drink or use drugs before driving. If you are at a party, at a bar, at your home, you should either get a sober driver, call a cab, or stay.

2-Drugs Don’t Matter
Even legal drugs can greatly influence your ability to drive. If you are taking a prescription drug, and it effects your driving ability, you should avoid driving at all costs. You should be warned beforehand by your doctor, or look up the side effects. If you are under the influence, you can be charged. And if you take an illegal drug, it won’t show up on your breathalyzer which tests for alcohol, but it can be found with a blood test. If you have drugs on you as well, you’re going to be charged.

3-You Have to Take Sobriety Tests
All states require you by law to take a breathalyzer test, and if you don’t, your license will immediately be suspended. However, state laws differ on further tests – sometimes you can refuse to take other sobriety tests such as walking in a straight line, counting backwards, or standing on one leg. In many cases, there are no laws on the books saying you must take these actions.

4-You Will Always be Found Guilty
You may think it’s over once the breathalyzer reads above .08% or the drugs are found on your person or in your system. Actually, if the test is very close to the limit, not being too high, you can argue it was wrong. You have many potential DUI defenses, even if you fail tests. The officer may have broken your rights, failed to properly use the breathalyzer, or made other mistakes. At the least, you can get a plea bargain for lesser charges.

5-Any Lawyer is Good
You have three options: represent yourself, have court appointed lawyer, or hire a lawyer. These are not  equal options. You need to hire a professional, local DUI lawyer who knows state laws, who has the time to handle your case, and who can handle the court process. If you represent yourself, you simply won’t know what to do unless you’re a DUI lawyer. If you ask for a court appointed lawyer, they have no real interest in your case, no time to truly help, and may make mistakes.

Ready to get Help?

Complete our Free Case Evaluation form and a DUI Lawyer will review your case for Free!

Defending DUI charges can be effective in cases where the officer acted incorrectly, if you were not driving, and especially if the validity of the DUI tests (such as the breathalyzer) can be questioned. The problem is that many believe once they are charged, they are going to be found guilty in a court of law. You have a right to defend yourself in a court of law, with the help of an attorney, as said in the Miranda warning given to you upon arrest.

Why Defense?
Why not just take the charges and be done? Well, it can be easy to say you are guilty, that you deserve punishment. However, you still have rights, and you still have a chance in defense. At the least, the prosecution can offer you a plea bargain. You just don’t know what will happen until you DUI lawyer prepares a defense.

The Officer Arrest
You can challenge your arrest. Say you are an African American woman, you’re pulled over for no clear reason, given a breathalyzer, and arrested. You may have been profiled; it does not always happen that way, but it can. If an officer pulls you over for no clear reason, even if you are not a minority, and you are arrested, you can challenge the arrest. The strategy here would be to say the officer should have never pulled over and arrested you in the first place, throwing out any evidence after. This does happen.

Another point to consider is your Miranda warning, where you’re supposed to be told of your rights to an attorney and beyond. If this is not given, it is a breach of your rights and can be made into an effective defense, even if you were over the limit.

By law, an officer has to be able to prove why he pulled you over, that he or she followed protocol in investigating you, and upon arrest you were told of your rights. If not, you can fight this in a court of law.

The Test Validity
The breathalyzer is not a perfect device, just like no officer is perfect. Actually, the breathalyzer can  be used incorrectly by the officer who pulled you over. They have to  be capable of using it. The most damning test is the blood test, the most accurate. But if you are very close to the legal limit, this can put a question on the prosecution’s case.

Plea Bargains
Speaking of the prosecution, it’s important to remember you may be found guilty. Unfortunately, you may be over the limit for alcohol, used prescription drugs which effected your ability to drive, used illegal drugs, or were a minor in possession. However, this case is not over. Quite often the prosecution will offer a plea bargain. In order to lessen charges, you need a professional DUI lawyer.

Getting Help From a Lawyer
You have the option of defending yourself, having a court appointed lawyer, or hiring a professional lawyer. You need to hire your own DUI lawyer 99% of the time. A lawyer should be fair on prices, experienced in court with DUI cases, and be able to spend enough time helping your case.

Ready to get Help?

Complete our Free Case Evaluation form and a DUI Lawyer will review your case for Free!

In all states, drinking and driving offenses can lead to some major legal problems. State laws do however differ, and so do some terms. For our purposes, DUI and OWI and DWI, driving under the influence, operating while intoxicated, and driving while intoxicated, mean the same thing: you are driving a vehicle down the road and have high amounts of alcohol or drugs in your system. How these laws are enforced can be quite different from state to state and judge to judge.

But why are you pulled over in the first place? Who can help? Answers to these questions and many more are given in this short guide.

Why are you pulled over?
Typically, an officer pulls you over on either a suspicion you’re drinking because of your driving or because you simply broke a driving law. It can then lead to a DWI case, where you potentially face jail time, fines, license suspension, probation, and mandatory classes.

If you break normal driving laws such as speeding, it does not always mean you will be tested for alcohol. The officer may not suspect this, and you may obviously not be drinking. But if you break a law, perhaps at night, and your driving is odd, the officer may suspect you’re intoxicated. If you swerve in and out of lanes, speed, run a stop sign, or any other way your driving is hurt by intoxication, you will likely be pulled over on sight.

In some cases, the reason for you’re being pulled over is illegal. The officer must have clear suspicion you’re drinking, but may pull you over for no reason other than because you are a minority or you have a certain type of car. This can be hard to prove, but it does occur.

What if you refuse a breathalyzer or other sobriety test?
If you’re pulled over and refuse a breathalyzer test, your license will immediately be suspended. Many state laws punish you less if you take the breathalyzer and fail rather than refusing and being charged. Also, other sobriety tests, such as walking a straight line, can legally be refused with no punishment, though it depends on the state.

If you refuse a breathalyzer, in most cases you face charges.  It’s then time to contact an attorney.

What if you are on medication?
Drinking and driving is not the only DWI offense; you may be using illegal drugs, or using legal ones which you shouldn’t be taking while driving. If you take even a legal drug which impairs your driving, you can by law be charged with a DWI.

What charges do you face?
Typically, punishments are the first thing on your mind once you’re pulled over and know you’re intoxicated. Unfortunately, penalties are very high, though lesser for first time offenders. For a first offense, you can expect your license to be suspended for six months to a year, to pay some fines, to stay in jail for a few days, face probation, and be required to take some classes on driving. The more charges you get, the more penalties you receive. If you are a repeat offender, you may even face prison time because of felony charges.

Who can help you?
You have rights in any DWI case, and one key right is told to you upon arrest. You have the right to an attorney. You cannot do this alone. Attorneys are not free, but no matter the offense, no matter if you’re innocent or guilty, you need to pay the fee. However, not all DWI attorneys have the time, experience, and knowledge to defend you. Be thorough in comparing rates, experience, and time to help.

Ready to get Help?

Complete our Free Case Evaluation form and a DUI Lawyer will review your case for Free!

What kind of penalties can you expect for failing a breathalyzer? What if you refuse to take the breathalyzer? Clearly, getting a driving under the influence charge can be problematic to say the least. You should always consult with and hire a local and experienced DUI lawyer to help in your case. You have no other good options, as representing yourself is a big mistake. This blog guide can help, but if you’re currently dealing with a DUI charge, you need a lawyer.

What can you get pulled over for?
You likely are pulled over for driving oddly, or you get into an accident, or make a mistake such as speeding or running a stop sign. Once the officer pulls you over, he or she will as some questions, such as if you’ve been drinking or using drugs. If the officer feels it’s clear you are under the influence, he or she may not even give you a breathalyzer, instead arresting you (which can occur if you are clearly drunk). In cases of an accident, if you hurt someone you may face felony charges.

What charges can you expect if you fail a breathalyzer?
If you fail a breathalyzer test, you will be arrested. What’s the same for all states is the blood alcohol limit, which is .08%. What’s different is how you will be charged. One state may suspend your license for longer than a year for a first time offense, while another may suspend it for less. Jail time can be different. Fines can vary. Probation is also different. This is where a local professional DUI lawyer can help. You may not know the charges you face. If this is your first time offense, most states are relatively lenient, as the charges will be much less. Also, states all have laws for further penalties if you’ve received multiple DUI charges.

What if you refuse a breathalyzer?
This too can vary from state to state, as the laws are different. Some states will automatically suspend your license for six months if you refuse a breathalyzer, while lessening the penalty if you take it and fail. So, in some states it’s actually smarter to take the breathalyzer, especially if this is your first offense.

What other tests can you expect?
You are often asked for field sobriety tests: walking backwards, standing on one leg, saying the alphabet backwards, and so on. If you fail these, it can give the officer reason to test with the breathalyzer. In some cases, however, you can refuse to take the field tests at no further charges to you.

Who can help?
You definitely need an experienced DUI lawyer, even if this is your first offense. Quite often you can strike a plea bargain deal for lesser charges.  Unfortunately, most DUI charges stick, and you’ll get some penalties. But “most” does not mean all; your right is to have a fair trial to plead your case, and you may just prove your innocence.

Ready to get Help?

Complete our Free Case Evaluation form and a DUI Lawyer will review your case for Free!

What is an expungement? It’s a process for cleaning up your legal record. If you have a DUI on your record, there are ways to remove it. However, legally it’s not always possible. And the DUI will still be on your record, but only accessible to the government and law enforcement.

How the Court Process Starts
Court processes vary from state to state. In most cases, you’ll be filling out a petition and submitting paperwork to a criminal court. A judge will review this and decide your case. Sometimes you have to pay fees.

It can be much more complicated than that, and getting the help of a lawyer is recommended. If you make mistakes in the petition or other paperwork, the judge may decide against you. On the other hand, it may not be possible in the first place. There is often a hearing, where you can make a case with the help of your DUI lawyer.

Are you eligible?
Again, state laws differ in certain criminal law cases, and that includes driving under the influence charges. What the judge usually factors in this case is how much time has passed since the conviction, if any further crimes have been committed, how bad the charges were (if you received a felony charges in your DUI), and more. If the judge feels any of these are still questionable, he or she will likely deny your expungement.

Is it erased?
It will technically not be erased. What happens is your record is “sealed,” but even sealed government records can be accessible. Your DUI charges will still be accessible for police officers and other law enforcement; it will show up if you’re pulled over for speeding, for example.

How do you get help?
This is a big step in clearing your criminal record. If you can remove a DUI, it can really give you a second chance. Yes, it is difficult, but more than worth trying. This makes your overall record look better. If you are interested in removing a DUI from your criminal record, you need an experienced lawyer. You want a local lawyer who knows the state laws, who can handle the complexity of the case, and has the experience in handling expungements before.

Ready to get Help?

Complete our Free Case Evaluation form and a DUI Lawyer will review your case for Free!

As stated in the Sixth Amendment of the Constitution, you have a right to counsel in all criminal prosecution. For those charged with a DUI, these words bear even more weight.

You definitely need a good defense, even if you are guilty of the charges to some degree, and in order to get a strong defense you need an experienced DUI lawyer. This is not an option, really, because unless you’re a DUI lawyer yourself, you need to hire one.

You have three options: represent yourself, have a court appointed lawyer take your case, or hire a lawyer. The DUI Blog has pointed out previously how these options are far from equal; you need to hire a lawyer 99% of the time rather than representing yourself or having a court appointed lawyer.

Why? You will not know where to begin when it comes to defense, and your appointed lawyer won’t have the time or desire to truly help you.

This is not to say all DUI lawyers are good counsel. But it’s your right to hire one capable of winning your case (even if winning means lessening charges).

How does a lawyer help?
In any DUI case, your lawyer will have a big role. This is not going to court to file bankruptcy; this is a misdemeanor if not a felony offense. Even misdemeanor charges can lead to jail time, and always lead to license suspensions, fines, probation, and other penalties. Felony charges, on the other hand, are even more serious: you could spend months or more in prison, face even higher fines, and lose your license for years. A lawyer helps first by arguing your case so these penalties can be lowered. It’s your right to hire one, and it’s your lawyer’s ability which can quite often decide how your case goes.

A lawyer can advise you on your rights, make sure your constitutional rights have not been violated, strike a plea bargain with the prosecution to lessen charges, and in the court room bring witnesses and other evidence before judge or jury.

What if you take the court appointed lawyer or hire the wrong one?
Criminal defense is a science. Again, hiring a lawyer is your best option. If you fail in this regard, and the lawyer fails to truly win the case in the best manner, even if he or she makes mistakes the conviction will almost always stand. You can’t just say you hired the wrong lawyer and start over. Unless clear incompetence is shown, the case will stand.

How do you hire a lawyer for DUI defense?
If you are fluent online, most reputable lawyers have web sites listing their experience and offering free consultations. You can also look in the phone book. Referrals can sometimes help, but be cautious as no two cases are alike. The best way to do this is not make it a race to get the first one; take your time hiring a lawyer for your defense, consulting with as many as you can in the time table you have. And never hire a lawyer days or weeks before trial; they need time to look over your case.

Ready to get Help?

Complete our Free Case Evaluation form and a DUI Lawyer will review your case for Free!

You have three options when it comes to DUI defense: representing yourself, using a public defender, or hiring an experienced DUI attorney. Is representing yourself a good idea in some cases, such as when you can’t afford a lawyer? What can a public defender do to help your case? Your final option, hiring an experienced California DUI attorney, also has many common questions. This guide answers these questions and offers some key tips on defending a California DUI.

Representing Yourself
Unless you’re an experienced DUI lawyer, there are rare if any moments where you should represent yourself in a California DUI case. Why? You won’t know the first thing to do. You won’t understand how to present your case, how to call witnesses, what your legal options are, if you should accept plea bargains, not to mention how to construct your defense. If you are a DUI lawyer, you can effectively handle your case. If you aren’t, you need to hire a California DUI lawyer.

Public Defender
Public defenders, while a better option than representing yourself, are also secondary to hiring an experienced California DUI lawyer. This is because they simply do not have the time to handle your case effectively. It’s also because once you get one, you have no other options. You can’t just fire your public defender and get a new one.

Public defenders don’t have the time to handle your case, do not have the resources to help you win, and are not chosen by you (instead chosen at random). In some cases, you may make too much money to hire a California public defender anyways. But the final option is the best in any case.

Hiring a Professional California DUI Lawyer
While hiring your own lawyer is the best step, there may be some problems. If you hire one for a cheap fee, they could spend about as much time as your public defender. They could accept any plea bargain the prosecution offers so they can move on to their next case. Yes, this is a business, and unfortunately it’s not cheap to win. However, consider the penalties involved if you plead guilty to a California DUI or if you lose. Your license will be suspended, you will be fined, you will likely face jail time, and you’ll be  on probation. Depending on how much you want to avoid these penalties, you can likely see how paying more can lead to better results. You don’t want a cheap doctor to operate on your heart, and you should be willing to pay a lawyer to help you win.

If you want to win your case, you will have to pay for it. And winning is not necessarily “winning.” Your DUI lawyer will be trying to at the least lessen your penalties. If this is your second or third DUI, where you potentially face felony charges, this is quite important. Even for first time California DUI offenders, winning sometimes means negotiating. In some cases, you can beat the charges entirely.

The point of all this is to help you consider your options. While you may have to use a public defender, if at all possible at least query some experienced California DUI lawyers. And never represent yourself.

Ready to get Help?

Complete our Free Case Evaluation form and a DUI Lawyer will review your case for Free!