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Your First DUI – What You Need to Know

While many DUI offenses are from repeat offenders, most are one-time offenses from those who will likely do their best to avoid running into problems again. The good news is with first time DUI offenses you are usually not facing extreme penalties.

This all depends on what exactly happened in the arrest, how over the limit you were, and if anyone was hurt or in danger. Let’s first go over why you were pulled over, then you’ll learn how to properly defend yourself in court.

Why were you pulled over?
The officer who pulled you over may not have considered you were drinking, but that is usually the case. Sometimes it’s a simple speeding ticket which leads to a DUI when the officer smells alcohol on your breath. If you go across lanes without signaling, come to abrupt stops, run stop signs, or show you’re under the influence in other obvious ways, you can be pulled over.

The other “why” to ask is why are you charged? Over 10,000 people die every year in accidents related to alcohol. State laws are designed to protect drivers and pedestrians on the road.

What Charges?
For a first time DUI, you are still facing some tough charges, especially if you were far over the limit or were in an accident. Typically you can expect a license suspension of 6 months to a year, potentially a few days jail time, fines, and probation. This all depends on what exactly happened. If this is a simple failed breathalyzer test and no one was hurt, you will be punished but not as severely. If you were very drunk and hit someone, that is another story.

Who can help?
You always want to at least consult with legal counsel after getting your first DUI. Many make the mistake of believing they should just plead guilty. However, you should never plead guilty to any criminal charge without the guidance of a lawyer.

You need a professional DUI lawyer. The good news is you  have many options. Hire based on experience, price, and how well you communicate with them. Because there are so many, base your decision mainly on their experience in actually beating DUI charges for clients.

What if you get another DUI charge?

The problem is many of us make the same mistakes twice or three times or more. After your first DUI, you should reconsider ever abusing drugs or alcohol again and driving. Do whatever you can to avoid it. If you get further DUI charges, since you can be charged with a felony hiring an experienced lawyer is essential. If you plead guilty after getting second or further DUI, it may mean extended jail time.



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Getting DUI Defense Help – The Better Lawyer or Cheaper Lawyer

It’s all about money when you are broke, right? The problem with that is that some things can be valued more than others, can lead to more benefits, and can have a lasting affect on your life. Take DUI law, for example, where every year tens of thousands across the country are charged with first, second, third, and sometimes even more drinking and driving offenses. The problem is clear. What’s the solution?

DUI law is a complex field. There are many online who’ll explain there are secrets to it. There are no out-of-the-box secrets when it comes to a DUI defense. Whether you are guilty or not, a defense has to be made. Whether you are guilty or not, you need to know your rights. And you also need a professional DUI lawyer.

Why not a cheap DUI lawyer?

It’s a point we make often on this blog. The problem with many defenses is that the lawyers put little to no time into them. If you hire someone to cut your lawn for five dollars, he is not going to make it look spectacular. Give him a $20 bill and you are paying for more time. Time is relevant because many DUI lawyers lack it. They charge a low rate, take on a load of cases,  maybe even put an effort into the defense. Well, they may win, but if you had to choose between a jail sentence and some money, what would you do?

A DUI defense takes time. A strong DUI defense can at the least limit some of the penalties you face. It can also put holes in the prosecution’s case. This is because many DUI charges are full of inaccuracies. Even if you did do some drinking, it does not always merit a license suspension, probation period, time in jail, and fines.

Why not the friend of a friend?
Taking referrals is rarely a good idea in the legal profession. It’s like hiring someone you know nothing about to build a house. The only referrals you should consider are from DUI lawyers to other DUI lawyers.

Why not defend yourself or use a court appointed lawyer?
Defending yourself is possible. Saying it’s impossible is wrong. You might even win. However, if you fail, you lose your license, go to jail, face fines, etc, and have no legal recourse. And this is saying you would know what to do. If you have rarely if ever been in a court room, you need a professional. If you have no legal experience, you need a professional.

If you use a court appointed lawyer, that is better, because he or she has legal experience. On the other hand, the problem with court appointed lawyers is they have no real stake in your defense. They likely represent dozens of clients who have no money. If you can afford a good lawyer, it’s more than worth it.

How much does a good lawyer cost?

A good DUI lawyer is not cheap. It depends on where you put your money. Yes, some lawyers may be out of your price range. You can’t just make money appear. If you have some money or access to money, it can be a worthy investment. Lawyer fees for defending DUI charges depend on the case. You might pay a flat fee, or you pay on an hourly rate. A defense can go from the thousands to the tens of thousands. Don’t let that stop you from at least inquiring with some good lawyers.

What are you paying for when you hire a DUI lawyer?
You are paying for experience in and out of the court room, time to properly defend you, knowledge of the laws, and most importantly, to win.



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5 Things You May Not Know About DUI

DUI defenses are based on lawyer knowledge, experience, and intuition. A good lawyer has a whole deck of cards to play in order to protect his or her client. Some of them are not quite secrets.

Here are some things you may be unaware of when being charged with driving under the influence.

Breathalyzers Are Not 100% Accurate
While officers may not like to believe it, breath tests are subject to human error. If the only evidence of your DUI charge is a breathalyzer test, you have a strong case. Of course, there is officer testimony, and more importantly blood tests. Blood tests are the most accurate of all blood alcohol content tests. But, a  breath test can be questioned in court.

You Do Not Always Have to Take Field Sobriety Tests
Another thing officers may not want you to know is that most states have no laws saying you must take field sobriety tests. You do have to take breathalyzer tests at the risk of immediate license suspension in almost all states, but the tests where you walk in a straight line, count backwards, etc, are not mandatory. You can say no. If you are unsure, ask the officer if declining the field sobriety tests will lead to more charges.

Juries Are Rare
While having a jury of your peers is allowed by federal laws, state laws have circumvented this, making juries in DUI trials very rare. You might be able to get a jury, but most states make you face a judge instead.

Infractions, Misdemeanors, Felonies
Many do not fully understand the legal system, and no wonder – it’s complicated. For the record, infractions are the most minor of charges such as speeding, while misdemeanors are the next level up, and can be used for DUI cases. If you get felony charges for a DUI, that means you’re being charged with a very serious offense. You might be very far over the legal limit, have been charged with drinking and driving before, or hit someone while driving.

Death
If you hit someone while driving and hurt them, felony charges are common. If they die, you can face even tougher penalties. This is not a fun subject to address, but drinking and driving leads to thousands of deaths every year. The legal term is vehicular homicide. If you drink to excess, drive, get into an accident, and someone dies, you can expect stiff charges and a lot of jail time.



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