Did you know a DUI can stay on your record for life? Yes, a single criminal charge such as a DUI can be on your legal records forever. That makes preparing an effective defense crucial. If you plead guilty, a big mistake, you are accepting that employers, colleges, the military, and more can find this on your record. If you decide to join the army, for example, on their background check your criminal charges, including DUI, will be found. This can have life changing consequences.

Why is it like this?
DUI is a criminal charge. Though seen as commonplace to some, it can change your life. The problem is that drinking and driving leads to thousands of deaths every year (about 10,000, in fact), where people who drink drive, crash, and deaths are involved. You might hit a pedestrian, hit a parked vehicle, even hit a vehicle with children in it. And the deaths are only the beginning. There are even more injuries – to drunk drivers and others – than deaths. That makes the reason a DUI stays on your record clear.

What if you are not guilty?
If you are not guilty, you need to plead your case in court. Many consider pleading guilty, even if they don’t believe they were over the limit. Since breath and blood tests are not 100% accurate, you need to question the case made against you. You may have in fact been under the limit for drinking. Even if you believe you are guilty, by pleading guilty you ensure this will be on your record forever. If you are not guilty, the most important step to take is hiring a lawyer.

Where can you find a lawyer?
You should find a lawyer capable of defending you who is local and won’t charge you a fortune, which is very possible. Since state laws differ, you want a local lawyer who understands the laws and has experience. Some DUI lawyers are more expensive than others. Few of us can afford to spend $25,000 on a defense.

How can a lawyer help?
A lawyer can question the entire case made against you. Likely, your lawyer will advise you not to plead guilty. If you plead guilty, as noted, it will stay on your record. Quite often, an effective defense can be made. It doesn’t always mean you’ll win; sometimes you’ll only lessen penalties. But a lawyer protects your legal rights more than anyone else.

Can you get it taken off your record?
You might be able to have a lesser charge show up on your record – rather than a more serious charge – with an effective defense. Though rare, you might also be able to have the entire case expunged from your record, so it will not show up for potential employers and institutions. This is impossible without an experienced lawyer.

In the midst of the confusion following a DUI charge and/or conviction, many people are unaware that their records will be altered. Having DUI records in your background can affect your life in many ways, even years after your conviction. Understanding what can happen to your record is key and with the help of an attorney you may be able to resolve these issues.

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DUI cases involve abusing drugs or alcohol and driving.  The root cause is most commonly drinking. However, simply being charged with a DUI does not mean guilt is clear. Police collect evidence so that you can be prosecuted in a court of law. What evidence is used?

Your Driving
Your driving is how the majority of DUI cases begin. An officer may become suspicious if he or she notices a car crossing lanes late at night. Or an officer might see someone pull out of a bar going very fast. Officers are trained to look for DUI offenders who swerve between lanes, run stop signs, speed up and slow down, barely avoid accidents, and more. The more damning evidence comes later.

Your Speech
If you can barely put two words together – especially with alcohol on your breath – an officer will obviously have some cause for the arrest. If you had not been drinking but are nervous and speak oddly, it may also lead to more tests. Right when he or she walks up to your car, the common question is “have you been drinking” and the answer is about more than a yes or no: the officer wants to hear you speak.

Field Sobriety Tests (And Little Known Facts)
Walk backwards, hold one foot in the air, count from 99 down, say the alphabet backwards—these are what field sobriety tests do. An officer is likely going to give you a breath test, but the field tests can be used as evidence in court too. Most states have no law saying you have to take field sobriety tests. Though, remember this is different than a breath or blood test, which you will be penalized for not taking.

Breath and Blood Tests
If after some tests the officer has some suspicion of drinking or abusing drugs, the breathalyser test is given. This can seem to be quite damning evidence. However, the blood test is the most accurate test of blood alcohol content. Breathalyzers, though usually accurate, are subject to user error. Even though police officers are trained in using them, errors occur. Also, breathalyzers are the same: there is no separation between man and woman, 100 pound teenager or 250 pound adult.

What You Say
“You have the right to remain silent” is legal lingo with a point. You should bite your tongue and say nothing upon arrest, guilty or not guilty. You will have your day in court. If you confess, you have just given more evidence to the prosecution.

Who can help?
You need an experienced DUI lawyer once you’ve been charged. Every piece of evidence brought against you can and should be questioned. As noted, breathalyzer tests have a history of mistakes. If you have a long record, you face serious charges. And even for first time offenders, license suspension, fines, and even jail time are common. Your lawyer is crucial in avoiding the maximum penalties, and you might be able to disprove much of the evidence and win a not guilty plea.

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According to a education site DegreeFinders.com, a DUI lawyer is must have at a minimum a bachelors degree and a law degree. Also, the law school attended must be approved by the ABA (American Bar Association), and the lawyer must pass a Law School Admission Test before being accepted. While education is quite important, experience may be even more effective, because, especially in DUI cases, understanding court processes and how laws are interpreted is integral.

What happens in school?
A good law school prepares a lawyer, especially a DUI lawyer, for future cases. Your prospective lawyer may have passed law school, but that does not mean they’re effective. In law school, there is some intense instruction. A lawyer is also expected to pass an internship. You can’t downplay the difficulty of getting into school and succeeding. Just passing the troublesome “bar” test is proof of knowledge. This is a test required by all states for DUI lawyers be licensed and eligible to practice law.

School does not end after passing the bar. First, a DUI lawyer will receive continued education to keep his or her license, and will have to stay fluent on the changes in DUI law over time.

How does a DUI lawyer get experience?
Few lawyers start out with world changing cases. But a DUI lawyer gets experience by seeing how the laws work in and out of the court room. Being able to negotiate with the prosecution and judges, to question juries, to explain complex laws in human terms – these are all valuable. But really, experience is about simply understanding the law, going to court, and defending a client.

What do you look for in your DUI lawyer?
You don’t necessarily go by their school record; experience is more important. Simply because a lawyer is in a huge law firm does not mean he or she is incredibly talented or experienced. Nor does it mean he or she has less experience or talent when in a small firm. You look for experience in handling complex cases, being able to explain your rights clearly to you, while also being in your price range.

Does experience mean higher price?
It merits a higher fees, but seeing as how the average DUI lawyer makes $50,000 to $60,000 a year handling dozens of cases, you rarely have to spend a fortune. Experience is more important than price; a valuable lawyer can mean the difference between going to jail or not.

Finding A Professional DUI Lawyer
Where do you look for a professional DUI lawyer? It’s important to understand lawyers are all not equally talented, experienced, and educated. You may be able to find one for a rock bottom price, but, as the cliché says, you get what you pay for. In the days of the world wide web, looking over web sites and blogs like this one can help your decision. If a lawyer gives a lot of valuable advice for you on his site, that is a good lead for you to follow up with.

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Since over 10,000 people die due to DUI every year, it’s understandable state laws are adapting to the growing problem of drinking and driving. One affect of the stiffer laws is being charged with a felony. There are many questions concerning this issue, but for now let’s consider what infractions, misdemeanors, and felonies mean.

An infraction is a minor charge, such as a speeding ticket.
A misdemeanor, a more serious charge, is the term used when there is the potential of a year or less jail time. You may face 30 days in jail, for example, after being charged with your first DUI.
A felony, on the other hand, means you face a year or more jail time.

As you can see, there are differences between felonies and misdemeanors and felonies, namely jail time. However, you also face stiffer penalties on other levels, including: longer license suspension, higher fines, and longer probation.

So which one will you be charged with, a misdemeanor or a felony? It all depends on the state and what exactly happened. It also depends on how effective the defense is. Sometimes charges for a felony fail to stick, such as when you get a second DUI, but misdemeanor charges are made.

Most DUI cases come with misdemeanor charges. Rarely will you be charged with a felony for a first or second DUI. It’s important to note that misdemeanors themselves can be quite strict. You might face months in jail for one charge, while a different charge leads to no jail time.

Felony charges most commonly occur when someone is hurt or endangered. If a death results from a DUI you face a felony, if not vehicular homicide. If you have a long record of DUI charges, you get in an accident, and someone is severely hurt, you often face a felony.

Simply being in an accident where someone is hurt after doing some drinking is no guarantee you will be punished with a felony. A strong DUI defense can at the least lessen your penalties. Defenses can be based on whether you truly were over the limit, whether you made the mistake causing the accident or not, and how the arresting officer acted.

Felony charges for DUI cases may not be common, but with over 10,000 deaths caused by drinking and driving every year, they happen often enough. If you’re unsure of how the legal process works, it’s time to consult with professional legal counsel. Understanding the full scope of misdemeanor or felony charges is something a lawyer can best explain to you.

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Getting pulled over after abusing substances creates some major problems. It’s easy to say “don’t ever do it,” but we all make mistakes. The decisions you make after a DUI charge mean the difference between losing your license for years, going to jail, and spending thousands in fines. There are some very common hurdles you’ll face right out of the gate. This guide helps you understand them.

Getting The Right Lawyer
The first decision is not whether to plead guilty or not guilty; the first decision is the lawyer you hire. This is not a time to rush a decision. Be patient, wait for the right lawyer, look for relevant experience, make sure the lawyer is available, and also make sure you can afford his or her rates. While some choose to hire the cheapest lawyer, others reap the rewards of going with experience.

What Penalties?
The most common legal hurdle is understanding what penalties you face. But remember, you’re innocent until proven guilty in a court of law. That means you have a right to defend these charges. While it may seem right to plead guilty if you know the charges are accurate, defending yourself is important to avoiding maximum penalties.

Understanding Defense
Your lawyer must be experienced in DUI defense. This is an immense burden off your shoulders. First, instead of defending yourself you’re hiring a professional with more experience in DUI law. Also, forgoing court appointed representation and hiring an experienced lawyer with your interests in mind is also important to the defense. The guidelines of the defense are still important to know. Even if you think you’re guilty of all counts, you should choose representation. It can save you money, jail time, and still give you the option of driving in the near future.

Multiple Offenses
Another common legal hurdle is receiving multiple offenses for DUI charges. For example, say you are pulled over not once, not twice, but three times for DUI offenses. This can then be termed an aggravated DUI – as some states call it – where you may face felony penalties. The more DUI charges you get, the more important proper legal representation is. In multiple offenses, you are in very dangerous territory, and can be put behind bars for extended periods.

Felonies
You can be charged with a felony for many reasons beyond multiple offenses. You may have caused an accident which resulted in an injury. You may have put a minor in danger. You may be so over the legal drinking limit that you are charged more severely.

These are legal hurdles with solutions. If you have been charged with a DUI, it’s time to consider solutions. The best solution is an experienced, local, and effective DUI lawyer.

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Most pleas in DUI cases are not guilty, but there are essentials to defense all too often overlooked. This guide points them out, preparing you for a not guilty plea.

Know the Charges
DUI cases are not all the same: there are countless situations where you might get arrested, what you did will vary,what the officer does varies, and how a defense is made can vary. For example, if you hurt someone while abusing alcohol and drugs, you likely face some serious charges. Or, you might have  a long history of drinking or abusing drugs and driving.

You can be charged with a infraction, a misdemeanor, or a felony, in that order of minor to serious charges. If you hurt someone, for example, you likely face felony charges. If this is your first offense, you likely face misdemeanor charges. Infractions are not common in DUI charges. Once you know the charges, you can best make your next decisions.

Hire a Lawyer
What’s your most important decision after being charged with a DUI? It’s not if you plead guilty or not guilty.  After a DUI charge has been made, the most important choice is in hiring a lawyer. A DUI lawyer is not an option; it’s a must. It can mean the difference between going to jail or winning a case.   In order to hire an effective lawyer, you should base it on experience. Experience may cost more on paper, but it can save you from going to jail, losing your license, and more.

Let Your Lawyer Work
And once you hire a lawyer, let him or her do his job. Yes, this is your life on the line, but if you hire an experienced DUI lawyer, he or she will know what to do.

Why Not Guilty?
Can you avoid lawyer fees and just plead guilty? Sometimes pleading guilty is in your best interest, but it almost guarantees major penalties. Forgoing a lawyer, and not even consulting with one, is a major mistake. You plead not guilty not always because you had not been drinking over the limit; sometimes there are problems with the case against you.

The Defense
Understanding how you will make a DUI defense is our final essential. Your lawyer should be doing all the ground work, but you still have a role. There is nothing wrong with being involved. Defenses can be based on the validity of the breath test, if the arresting officer acted correctly, and whether or not this has happened before. A strong DUI defense is not always about getting cleared of all charges; sometimes avoiding jail time or extended license suspension can be considered a victory.

When you plead not guilty to a DUI charge, it’s important to remember you still have rights. You may have made a mistake, you may not have. But there are many points to remember. Perhaps most importantly is to make your decisions with legal counsel.

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The DUI process may begin the moment you are pulled over after drinking alcohol or abusing drugs, but that does not mean you will always be punished.

DUI defenses can effectively prove innocence, or limit the penalties. New Jersey uses the same basic system for pulling you over, charging you with DUI, and punishing you that all states use, but there are some key differences. Foremost are the penalties involved, where each state can be different. What stays the same is the BAC (blood alcohol content) you are tested at; if you have a .08% BAC or higher, you can be charged with a DUI nationwide.

What penalties are we talking about? You can expect fines, license suspension, to have your car equipped with an ignition interlock system, jail time, and sometimes community service.

Why You’re Pulled Over
New Jersey police officers have a basic system for pulling you over. First and foremost is your driving; instead of trying to see if you look intoxicated, officers base their initial decisions on your driving. On the other hand, you may get pulled over for a simple violation, but, upon being found to be intoxicated, can be charged. Officers look at how you’re driving, not always if you’re breaking minor laws such as with a speeding infraction. If you pass in and out of lanes, if you come to rolling stops, if you speed through a yellow light, these can be overlooked but sometimes can lead to your being pulled over.

First Time Offenders
New Jersey laws punish you severely for drinking and driving. You will be charged more severely if you have a BAC of .10% or greater.

You may face license suspension, where for a first DUI you can lose your license for 7 months to one year. You are then forced to pay various fees which can really add up, including some fines unique to New Jersey, such as the $75 Neighborhood services fund and others ranging from hundreds of dollars to over $1,000. You can expect up to 30 days in jail. You may also be forced into community service. Finally, when your license suspension is over, you may have an ignition interlock device put on your car, which ensures you have no alcohol in your system upon driving.

If you have a BAC of .08% to .10%, the penalties are less.

Multiple Offenders
Multiple offenders face the maximum New Jersey DUI penalties. You can expect longer jail time, more fines, a much longer license suspension, and other penalties taken further. If you’re pulled over for one DUI, then another within 10 years time, you can be punished as a repeat offender. You also risk being charged with a felony and facing extended jail time.

New Jersey DUI Defense
Simply getting charged with a DUI can be a life changing event, but it’s important to know you still have a right to a defense. You need an experienced New Jersey DUI lawyer who can defend you in court. There are many cases where defendants win in trial based on the validity of the DUI tests, the actions of the officer, and the knowledge of a DUI lawyer. Since breath tests can be called into question, since officers do not always act correctly, your lawyer has a chance to defend you. Instead of pleading guilty, consider that you can at the least get the minimum penalties, and sometimes even be found innocent.

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A DUI judge is the decision maker. DUI judges are each different, but there are some common elements in how they decisions. Your DUI defense should consider how the judge makes choices and looks at evidence. Since today most DUI trials are via judges, this blog guide can help you understand how the DUI trial time table works and how your lawyer best prepares a defense.

What They Do
The DUI judge quite often has a busy schedule. First, they often handle a high number of cases every week. If you look on their side of the court room for a while, then you may get a better perspective. Say you have a judge who has listened to 3 defendants in one day explain to them how the breathalyzer was wrong, that they had not been drinking over the limit, and that they were perfectly fine while driving. Then the evidence against them cuts holes in the defense.

How would you fair if you plead not guilty to the charges? That’s the problem with many DUI defenses: they do not consider the common pleas made by defendants. We are talking about people, not just figures, and judges have memories.

Decisions Judges Make
Your judge will almost always try to be as impartial as possible. Just because they hear common defenses does not mean they will look down on your plea. You are innocent until proven guilty. A judge will have to decide the strength of your defense. He or she will be making some decisions – life changing ones for you – on how to punish you, if punishment is needed. This includes jail time, license suspension, fines, probation, and more.

Making a Strong DUI Defense
Your lawyer is an invaluable part of this process, if not only because he or she can be on the same page as the judge. A good lawyer will understand the key problem with a not-guilty plea after a DUI – that the judge has heard all the stories before. However, some of these stories have basis in truth. For example, the breathalyzer is not a 100% accurate device. First off, there is no difference if you are a man or woman, and your size. These can vary the results greatly.

Usually you want to plead not guilty to the charges, unless the weight of evidence is too great. You can call into questions evidence such as the breathalyzer and how the officer acted.

Your Lawyer
Should you always hire a lawyer? If you want to stand a chance in front of a DUI judge, you should. If you prepare a defense yourself without any knowledge of the court process, it can cost you. Your lawyer’s job is to present evidence in front of the judge and to counter the evidence given by the prosecution. The problem is most DUI charges stick, mainly because many are guilty on some account. In order to win, you need a professional who knows the court process.

The Truth
There are points where pleading guilty might be best. Simply pleading guilty does not guarantee jail time. However, you should never make this choice without a lawyer. If you are obviously guilty – such as if you hit a car while driving drunk – pleading guilty does not always mean the maximum penalties. Again, this is not a choice to make alone.

DUI law is complex. While it’s smart to consider the role of the judge in a case, usually your lawyer will run things. Letting him or her defend you before the judge is the best choice.

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This guide will go over perhaps the biggest concern you have after being pulled over for a DUI: going to jail.

Who can help you understand this process? The first step is to hire the right DUI lawyer. The next vital step is to prepare a strong defense. Jail time does not come with every DUI charge. Let’s find out how you can at the least avoid going to jail and at the most eliminate all charges against you.

Avoiding Jail Time – When Pulled Over
When you’re pulled over, you may think your times behind the wheel are over. You might have not even drank alcohol to an extreme but still think you will get a DUI. Yes, even a little alcohol can affect your ability to drive. But it does not mean you deserve DUI charges and especially jail time. The legal limit is .08% in all 50 states. You will be asked to take a breathalyzer to test for your BAC (blood alcohol content) and then asked some questions. You might even be asked to take a sobriety test.

First, the breathalyzer is not a perfect system. It’s subject to human error. Yes, most of the time the reading is true with an experienced officer, but the most damning evidence is not breath tests but blood tests. Second, you should take the breathalyzer in any case, even if you have been drinking. If you refuse it, most states will immediately punish you by suspending your license. If you were below the limit and refuse, you just lost your license for nothing. And the officer might still have cause to arrest you.

The DUI Lawyer
Your DUI lawyer can explain much of this process to you. It’s his or her job to prove you were not intoxicated while driving. If the breathalyzer reads at .08% or close to it, there can be some doubt on the validity of the test. Your DUI lawyer can take facts like this and more in order to prevent jail time.

Costs of Abusing Alcohol and Drugs and Driving
DUI offenders are punished far worse for multiple offenses. If you have a history, it’s not going to look good for a defense. But you are innocent until proven guilty no matter how many or how few DUI charges you have. If you are charged, that means you face jail time, fines, license suspension, and further penalties. The costs are quite high, making a strong defense quite important.

Lessening Charges
Even if you are found guilty of drinking or abusing drugs and driving it does not mean you’ll go to jail. The three kinds of criminal laws – infractions, misdemeanors, and felonies – all have a place on the road. Infractions are minor and not used in DUI cases. Misdemeanors are very common for first time offenses, while also sometimes for multiple offenses. Felonies are on the extreme end, with some extended jail time involved; usually you are a multiple offender or you hurt someone.

Because these charges can be so extreme, sometimes your best defense is not winning outright but lessening the charges. In order to do that, you need a good lawyer, evidence contrary to the police report, and a fair judge.

Defining Your Defense
Getting jail time is of course the last thing you want, but it happens. Drinking and driving is too costly not to have harsh penalties. This does not mean you should just plead guilty and forgo the process. If you really want to avoid jail time, it’s time to hire an experienced DUI lawyer and prepare a defense.

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DWI charges can mean jail time, fines, license suspension, probation, and life changing problems.

DWI law is quite complex, from the moment you are pulled over to your court case. That’s what can make an experienced lawyer invaluable, and that’s what leads to our first DWI question.

Do you need a DWI lawyer?
Yes, you always need a lawyer if you’ve been charged with a drinking and driving offense (or charged with operating a vehicle while using drugs). Simply put, it can keep you out of jail, lessen license suspension charges if not eliminate them, stop fines, and more.

Is any lawyer good?
Not all DWI lawyers are equal, unfortunately, though just because one is quite cheap in price does not mean you’ll lose, and higher priced DWI lawyers do not guarantee a win. The best method is to go somewhere in the middle, to pay for value, but to understand that spending tens of thousands in defense is just unrealistic.

How much do DWI lawyers charge?
Costs are either based on flat rate fees for defending DWI or on hourly. You can typically estimate lawyer prices beforehand and get a good idea of who you can afford. If they charge an hourly rate and give an estimate on hours, you can easily compare this with others. If a flat rate, that’s easy to compare too. But note value: if they have experience in and out of the court, in winning, that’s valuable.

What is the difference between DWI, OWI, and DUI?
Different states have different terms. On this blog, we typically use DUI, but generally DUI has the same intent as OWI and DWI: to punish those who drink or abuse drugs in excess and drive. DUI stands for driving under the influence. OWI means operating while intoxicated. And DWI means driving while intoxicated. Each term used the same blood alcohol content (BAC) limit of .08%, has similar charges in terms of jail time and fines and suspensions, and has similar defenses. The only major differences are between state laws.

What should you do if pulled over?
You will likely be asked to take a breathalyzer test if the officer believes you’ve been drinking. This is pretty much the same across all states, where if you refuse you can immediately have your license suspended. If you’re pulled over, the less you say the better. This is not to say you don’t cooperate; only you avoid incriminating yourself.

How do you make a DWI defense?
You make a DWI defense with a DWI lawyer. Yet it’s more complex than that. DWI penalties can be quite stiff, but defenses can be very effective. How you act during the arrest, what your BAC level reads in the breathalyzer and potentially with blood tests, what the officer does, and how good a lawyer you hire all make complicated but winnable.

True, if you avoid abusing drugs or alcohol and driving you have nothing to worry about. But cases where you’re arrested for a DWI and have abused nothing occur all the time. The defense in this instance is based on proof.

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