DUI Blog

Defending DUI charges is rarely easy, but more than possible. You may think it’s over once you drink and mix it with some driving. That is simply not the case. Drinking at any amount may lead the arresting officer to think you are over the limit, especially at night and if you are acting suspect. There are ways to defend a drinking and driving properly.

Protect Yourself
You first want to protect yourself. You should say nothing which will incriminate you in a court of law. All too often defendants say the amount they drank, what they drank, etc, and then try to defend it. You have need not incriminate yourself.

On the other hand, you might know if you’re over the limit. That can affect your defense strategy.

Hire the Right DUI Lawyer
Make no decisions until you hire the right DUI lawyer. Go with a local lawyer with the time and experience to help. Then be as honest as you can with them. Again, simply drinking and then driving does not mean you plead guilty. You quite often have a strong defense.

Your Plea
Most DUI cases are plead not guilty, but some forgo the entire process and plead guilty, expecting to save time and money by hiring no lawyer and accepting the charges. This is a big mistake. Just as you would not make a class action lawsuit against a company without proper legal experts, the same is the case with your DUI plea. You may have a defense, even if you were over the limit. There are just too many intangible to forgo a lawyer and plead guilty.

Judge or Jury?
You sometimes have an option between a  judge or jury trial. Your lawyer may have a personal preference. Usually, you face a judge, a judge who may have seen hundreds of people like you defend DUI charges. On the other side, a jury may be more open to hearing your statements and defense. However, most state laws do not allow for a jury trial in DUI cases.

Understanding the Laws
You have to understand what you were charged with and why in order to prepare a proper defense. Your lawyer will be creating the defense, but you want to know as much as possible. The officer testimony, the BAC breath test and further blood tests, witnesses, expert witnesses – these all have a place in DUI court. For example, sometimes breath tests are inaccurate; blood tests are the most effective. Therefore, a breathalyzer reading can be called into question.

Going with the Expert
Stick with your lawyer and you can at least come out of this with some minor charges. If you hire the right lawyer, someone experienced in defending DUI cases, he or she may find big holes in the prosecution’s case. What usually happens is not a plea bargain, though, as plea bargains are rare in DUI cases. You may be found innocent, or at least have only minor penalties. If you try to go alone or plead guilty, you are often facing the maximum charges.

The bad news came when the lights signaled behind you. Or maybe the bad news came when you realize you’ve drank alcohol or abused drugs and got behind the wheel.

Will you be charged with drinking and driving? How do you get out of this situation? What do you tell the officer who pulled you over? Should you take the breathalyzer test? What about other sobriety tests?

This guide answers some specific questions you may have and helps with concerns about DUI charges.

Can you get out?
DUI charges are not always made. This can be a scary position, but you have nothing to fear unless you know you’ve drank alcohol. There is no easy solution if you’ve “had a few” and decided to drive. This process is not a fun one. Likely you know of someone who’s been charged with a DUI. This guide will now walk you through the basics.

Why are you pulled over?
You’re pulled over in the first place for a variety of reasons. It may not be because the officer thinks you’ve been drinking at all. You may have just been speeding. However, the officer looks for things like that, especially late at night. If you are passing in and out of lanes, swerving, running through yellow lights at high speeds, and just acting erratic, police officers are trained to see these things.

What if you’ve been drinking?
If you’ve been drinking, it does not mean you are always going to get a DUI. You still have rights. The best thing you can do is never mix drinking or drugs and driving at all. If you have been drinking, even in excess, you also still have rights.

What do you tell the officer?
You do not have to tell the officer a single thing. You have a right under the Fifth Amendment to not say anything which will incriminate you. If you’re afraid by speaking that you will sound drunk, you need not speak. If you are very nervous, this is understandable. You need not give the officer any information. It may seem suspicious, but it’s your legal right.

What about the breathalyzer?
Nevada is currently the only state which will not revoke your license if you refuse a breathalyzer. All other states will punish you for refusing it, some with very severe charges. Usually you want to take the breathalyzer. However, breath tests are suspect. Simply because you breath at the legal limit, .08%, does not mean you are in fact that intoxicated. Breathalyzers are subject to human error. So are blood tests, but blood tests are by far the most accurate.

Also, you should be aware of your rights concerning other sobriety tests. Most state laws have nothing saying you must walk in a straight line, count backwards, or any other field test. To be sure, ask the officer who pulled you over if you will be punished for denying to take sobriety field tests. The majority of the time not taking has no affect you at all.

What if you’re charged?
You’re pulled over, the officer asks you some questions but you answer none, and then you fail the breathalyzer. This case is far from over. If you’re charged, you need the help of a professional DUI lawyer. DUI charges are not always in the right. Just because your breath test fails does not mean you’ll lose your license, face fines, or even jail time. An experienced lawyer is your best chance for justice.

What happens in a DUI trial? This blog guide answers common questions on the arraignment, preliminary hearing, trial, and sentencing.

Remember that just getting a DUI charge does not mean you should plead guilty. You need an experienced, local DUI lawyer to help decide your case. However, there are some points which can be helpful in knowing and understanding a trial.

The Arraignment
A DUI arraignment is where you decide on legal representation and how you will plead. For legal representation, you can defend yourself, use a public defender, or hire a professional DUI lawyer. You have the option of pleading guilty or not guilty; usually, unless you’ve consulted with your lawyer, you want to plead not guilty to the charges. A misconception is that you should plead guilty if you believe the charges will stick; in fact, you may be able to win.

Your Lawyer
Should you hire a lawyer? The answer is easy: yes, because proper legal representation is essential in lessening or eliminating charges. A professional DUI lawyer can help you decide how to plea, basing this decision on the police reports and other evidence, while also negotiating with the prosecution. If you defended yourself, you would have no idea on the legal ramifications of police reports, of pleading guilty, nor would you know how to properly defend yourself. A court appointed lawyer is an option, but rarely do they have the time or inclination to properly defend you.

Preliminary Hearing FAQ
The preliminary hearing in DUI cases varies in scope from state to state. Sometimes the judge can decide if the evidence shown is enough to prove intoxication, such as evidence gained from breath and blood tests, or officer reports. Your lawyer will quite often be able to see what kind of evidence the prosecution is using, making a defense easier. While plea bargaining is an option, it’s rarely used. Plea bargaining is not used in many states for DUI charges, because it’s widely believed DUI charges should be punished to the full extent of the law. Other states do allow them, but still they’re rare. The problem is that most DUI charges will stick. What you can do is negotiate to lessen the penalties; your lawyer can help here.

Pre-Trial
The pre-trial motions are a good way for your DUI lawyer to keep evidence out of court. Your lawyer plays an integral role in removing key evidence from the prosecution’s case. This may be, for example, evidence taken from your car.

Trial
The DUI trial is where your lawyer earns his or her money. However, quite often this money is earned before the trial: many DUI cases are settled beforehand.  You will have a trial by either judge or jury, who’ll way evidence for and against you, decide on what if any penalties you deserve, and come to a verdict.

A proper DUI defense can be quite complex. An experienced lawyer is invaluable in lessening penalties, if not removing them entirely. If you are unsure of where to begin, contact a DUI lawyer today.

In the state of Michigan, DUI charges stem from the danger in abusing substances and driving. The problem is a big one: many die every year in Michigan due to driving under the influence, particularly young people. For DUI defense, let’s first go over what happens before you’re pulled over.

Why are you pulled over?
According to the state of Michigan official site, you weave between lanes, wander from one lane to another, run off the pavement, stop too quickly or slowly, drive too quickly or slowly, go through stop signs or signals, or even drive on the wrong side of the road. Many of these are quite obvious, but by drinking, you’re losing the ability to drive and make good decisions. Those who abuse alcohol or drugs and drive are a leading cause of accidents in Michigan.

You Need a Michigan DUI Lawyer
If you are charged, the first step is to hire an experienced DUI lawyer. This really is not an option. A lawyer will charge you a fee, but he or she will have a key role in your defense. Just getting pulled over and charged does not mean this arrest will stick. Minor mistakes cause the case to be thrown out, if not getting a plea bargain from the prosecution. While getting plea bargains are rare in DUI cases, there are many times where your rights are infringed upon.

Defense Based On Officer
If the arresting officer made mistakes, the entire case can be put in jeopardy and the charges might be thrown out. If the officer had no reason to pull you over, this infringes upon your rights. If the officer abused you during the arrest, that is against the law. If the officer incorrectly used the breathalyzer, it can cast doubt on the charges. Finally, the officer may have never read you your rights, the Miranda, which is required by law.

Defense Based on Breathalyzer
Breathalyzer tests are not perfect In fact, they are subject to how experienced an officer is with them. Michigan, like all states, uses the BAC (blood alcohol content) level of .08 when it comes to drinking and driving. If you are over the limit, you will be arrested and charged. However, the breathalyzer is a complex device; readings very close to the limit can sometimes cast doubt on the prosecution’s case. More often the arresting officer made a mistake.

Winning and Losing
Beyond the officer and breathalyzer, your defense can be helped by a variety of things. It’s not always about the charges being dropped; more often your penalties can be lessened. Michigan DUI laws are stiff: you can lose your license, face fines, get jail time, be put on probation, among other penalties. However, with the right defense, you can win and move on with your life.

Just getting a DUI is bad, but the problem is many are multiple offenders: those who’ve been involved in drinking and driving cases many times. Much like other states,  in Illinois even first time offenders face severe penalties. Just what are these penalties? Is a defense in Illinois criminal court possible? Let’s find out.

Penalties for an Illinois DUI
It was mentioned that even a first offense can lead to some major charges. This includes up to one year jail time, fines of over $2,000, license suspension for at least one year, probation, and more. If you get a second offense, the general penalties are the same, but you may lose your driving privileges for 5 or more years if you’re pulled over. In this instance, if you get a DUI a second time after a first less than 20 years ago (a long time), you can lose driving privileges for a large period.

The more charges you get, the worse the penalties are. You can even expect to get felony charges if you continue to drink and drive.

How do you defend a DUI?
In order to build an effective Illinois DUI defense, you need the right lawyer. In order to get the right lawyer, you need to focus on experience, knowledge, availability, and price. You really cannot put a price on winning in court against a DUI charge; it’s likely worth far more than any lawyer charges. Yet most Illinois DUI charges stick, though often charges are lessened with the right defense. The problem is one of proof, where if you fail both a breath and blood test, and the officer says you were clearly under the influence of drugs or alcohol, the cards are against you.

A defense is based on precisely these three things: the validity of the breath test as done by the officer, how close to the BAC (blood alcohol content) limit you are, and how the officer’s testimony is considered. Breathalyzers are quite effective, but subject to human error. If a blood test says you are clearly far over the limit, especially far over it, you really can’t question the test, as these are the most accurate. However, even if you get a high breathalyzer and blood test, if the officer made mistakes in the arrest, you have a case for defense.

Who can help?
You need an Illinois DUI lawyer to defend you in court. This is no time for a court appointed lawyer nor time to defend yourself. Even if you are guilty and you know it, you have a strong case for defense. You cannot put a price on staying out of jail, avoiding thousands in fines,and being able to drive. A lawyer will charge his or her fee, but if they’re good, the price is a good investment.

Nashville drivers, who operate a motor vehicle and are impaired by alcohol, drugs or any other intoxicant, can be charged with DUI or driving under the influence. Nashville drivers can also be arrested for DUI if their blood alcohol content (BAC) is at or above 0.08%. Drivers who are arrested and convicted of DUI in Nashville may receive time in jail, fines and penalties and loss of driving privileges.

Each year Nashville drivers and passengers are seriously injured and killed by drivers under the influence of drugs and alcohol. States have instituted severe penalties to curb alcohol abuse and attempt to save lives. Nashville drivers who have been arrested one time or multiple times for DUI in Nashville need the help of a Nashville DUI lawyer. Drivers from Nashville and all of the surrounding cities including: Brentwood, Hermitage, Ashland City, Hendersonville and Madison can get the legal help they need from a DUI attorney. Seeking the legal counsel of a knowledgeable and competent Nashville DUI lawyer can ensure a driver understands their rights and options for their DUI case.

Penalties for DUI in Nashville

Penalties for DUI may vary for certain individuals depending on their criminal background and if they have previous DUI convictions. Before pleading guilty to DUI, find out the types of DUI penalties you can face from a qualified DUI lawyer in Nashville.

First DUI Conviction in Nashville

• Nashville drivers are required to spend 48 hours and up to 11 months in jail for their first DUI conviction. Nashville driver with a BAC of 0.20% or greater must spend a minimum of 7 consecutive days in jail.
• The court will revoke the driver’s license for one year.
• Nashville drivers are required to participate in an alcohol education class.
• Nashville drivers are required to pay restitution to any person suffering physical injury or personal loss due to the DUI.
• Nashville drivers are required to pay fines of $350-$1,500.
• The court may require the Nashville driver to install an Ignition Interlock Device for 1 year.

Second DUI Conviction in Nashville

• Nashville drivers may be required to spend 45 days to 11 months in jail. Nashville drivers with a BAC of 0.20% or higher may be required to spend additional days in jail.
• The courts may revoke a Nashville driver’s license for 2 years but may allow a restricted license after one year.
• The court may require the driver to install an Ignition Interlock Device.
• The court will require the driver to attend an alcohol education class.
• Drivers are required to pay fines of $600-$3,500.
• The court may seize the driver’s vehicle.
• Nashville drivers may be required to pay restitution to other individuals who have been injured due to the driver’s DUI.

Third DUI Conviction in Nashville

• Nashville drivers are required to spend 120 days to 11 months in jail. Drivers who have a BAC of 0.20% or higher may have to spend additional consecutive days in jail.
• The courts will revoke the driver’s license for 3 to 10 years. For the third DUI conviction there is not an option for a restricted license.
• Nashville drivers must install an Ignition Interlock Device.
• Nashville drivers must participate in an alcohol education class
• Nashville drivers must pay fines of $1,100-$10,000.
• The courts may seize a Nashville driver’s car.
• Nashville drivers may be required to pay restitution to other individuals who have been injured from the driver’s DUI.

Fourth DUI Conviction in Nashville

Class E Felony

• Nashville drivers are required spend 1 year in jail with 150 days required to be served consecutively.
• The court will revoke a driver’s license for 5 years with no option to apply for a restricted license.
• Nashville drivers must install an Ignition Interlock Device on their vehicle.
• Nashville drivers must participate in an alcohol education class.
• Nashville drivers must pay fines of $3,000 to -$15,000.
• The court may seize the driver’s vehicle.
• Nashville drivers may be required to pay restitution to other individuals who have been injured.

Hiring a Nashville DUI Lawyer

Drivers charged with DUI in Nashville do not have to hire a Nashville DUI lawyer, but it may be the best chance the driver has for a solid DUI defense. Nashville DUI lawyers offer free initial consultations to evaluate a driver’s DUI case. If the driver chooses to hire a DUI lawyer the attorney can interview witnesses, evaluate the DUI arrest process, negotiate with the prosecuting attorney and take the DUI case to court, if necessary. Even if a driver is planning to plead guilty to a DUI conviction, why not consult with a DUI lawyer in Nashville before making that decision?

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.

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.

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.

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.