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What To Do After a DUI

If you are charged with a DUI, you may wonder what to do next. There is cause for worry. However, you have more options than you think. You should always consult with an experienced DUI lawyer, one who is local, one you can afford, and one you can communicate with. Let’s find out what to do after you get a DUI.

Hire a Lawyer
You always need an experienced lawyer. You may think you should simply accept the charges given to you. Never plead guilty to DUI charges. You want a lawyer experienced in the court room. You want a lawyer who you can work with for some amount of time. DUI charges are a long process. You may be in and out of the court room for months. However, you may be found innocent, or you may lessen the charges some.

Question Charges
You may face excessive fines, jail time, and a suspended license. This can change your life greatly. You may not be able to get to and from work without a ride. You may owe hundreds if not thousands of dollars. And you may face some excessive time in jail. You should always question these charges. Simply because you are charged with a DUI does not mean you are guilty. The breathalyzer test is not always accurate. Sometimes the officers infringe on your rights. Maybe you are never told of your rights but. In any case, you will have to fight for our rights.

Facing Charges
You have a better chance with an experienced DUI lawyer. As noted, you should question the charges. You may be found innocent. With DUI charges, you have to be at .08 or above to be charged with a DUI. If you are under age, the laws are different. What happens in court? Your lawyer will be negotiating for you. You have the option of judge or jury, but most court rooms use judges to make decisions on cases. You will be questioned on what happened, but even if you lose you have a chance in appeals court. In appeals court, if what happened in the original court case is found to be wrong, you may have a chance of being found innocent.

Moving On
Unfortunately, most DUI charges are not for first time convictions. Many of us make the mistake of being penalized for more than one DUI. The more DUI charges you get, the more penalties you get. You will face longer jail time. You will face more charges. You may lose your license for a longer period. If you get more than one DUI, you may be charged with a felony. You can move on. The best thing you can do is avoid getting that second DUI. Do whatever you can to avoid it. Call a cab. Ask a friend to help. If you are charged with further DUIs, it will be difficult to move on, but you always have a chance.

While you may think drinking and driving is a minor offense, thousands of lives are lost every year to it. By drinking and driving, you put others and yourself in danger. If you are charged with a DUI, it’s time to consult with an experienced DUI lawyer.



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5 Questions to Ask a DUI or DWI Lawyer

Do you specialize in DUI law?
As often noted on this blog, not all lawyers are equal. If you want to file a injury lawsuit, you get an injury lawyer. If you want to beat DUI charges, you hire an experienced DUI lawyer. You want  someone who specializes in DUI law. If you find a lawyer who does not specialize, find a new one. Every state has different DUI laws, which can be quite complex. One state may punish you based on how intoxicated you were. Another state may punish you more for multiple offenses. Different states may have different laws on refusing a breathalyzer. If you hire a lawyer with no DUI experience, it’s like asking a therapist to work on your knee.

How much do you charge?
Price should be an early question. Obviously you should be able to afford your DUI or DWI lawyer. You should be able to hire the best one at the price you can afford. Few of us can afford to spend tens of thousands. But you can hire one who specializes in DUI law; You can hire someone with availability. You can hire one who you can communicate well with. And you can do all this for a fair price.

Can I win a not guilty plea?
In the majority if DUI cases, you should plead not guilty. It’s a matter of course: you never want to plead guilty. If you don’t fight, you are accepting the charges. If you avoid hiring a lawyer, plead guilty, and think this may save you some time and money, it won’t. You will simply be charged to the full extent of the law. If you plead not guilty, you can do things like question the charges, question the validity of the breath or blood tests, even question the honest of the arresting officer. Many, many things occur in DUI cases which can be brought up in court. So ask your lawyer if you think you truly have a chance of winning a not guilty plea. You almost always can find something to fight.

Should I plead guilty?
It deserves to be said again: plead not guilty. Again, you can either save time and money by pleading guilty, then getting fairly damaging charges, or give yourself a chance to win in court.

How can you help me?
Finally, you want to be clear that this DUI lawyer can truly help you. It can save you some valuable time and money if you simply ask your lawyer upfront what he or she can do to help you avoid charges. Ask for a DUI defense strategy. Ask if any experts can be called in to question the charges. Ask how this whole process will end.



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Dangers of Driving While Intoxicated – And Of Multiple Arrests

If you are charged with a DUI, you have to understand that you have rights and other people on the road have rights. Since 2000, about 10,000 deaths have occurred annually related to drinking and driving. Some estimates, such as by MADD (Mother Against Drunk Driving), go much higher than this. Look at the over 38,000 traffic fatalities in 2008; of these, over 10,000 were a direct result of alcohol.

How can you avoid drinking and driving?

Not drinking and driving may seem to be commonsense. But not every person who drinks and then drives will get into an accident, not every accident will result in a death, and not every death can be proved to be because of alcohol. On the other hand, you have a much higher chance of being in an accident, of being cause of injury or death, and of being charged with drinking and driving. Some of us simply do not know how much alcohol we can take. For some, alcoholism is a problem, but it does not matter once you drive. Reconsider driving after consuming any level of alcohol. Make it a habit to have a designated driver. Save some change every week for a cab. Ask for a ride from a friend or loved one who has not been drinking. These are all much better options. It may be hard to do this in the moment – when you feel fine – so always have a plan. If you are going to drink, decide on how you will get home.

What happens if you get pulled over?
If you get pulled over, it’s not an open and shut DUI charge. You may have made the mistake of driving, but may not be over the limit. If you do get pulled over, it’s time to consider what you will say to the officer. Usually, he or she will want your identifying information, and you may be asked some questions. If you know you are over the limit, you should consider not answering questions related to your drinking; ask for a lawyer instead. This is especially the case if you have a history of DUI charges, which will show up on your record and may lead to some problems.

What happens if you’re in an accident?

With thousands of accidents every year as a direct result of drinking and driving, you may wonder what to do if the unthinkable happens. No matter what, call for help and make sure everyone is okay. Now it’s time to face what really happened. If you are legally intoxicated – over the blood alcohol content (BAC) level of .08 – you can face some serious charges. If you hurt someone, or if someone dies, you quite often face far more serious charges than a simple DUI. If you continuously drink and drive, if you have a long history, legal representation is crucial.

How do multiple DUI arrests look on your record?

Multiple DUI arrests cost you more than your driver’s license, though not being able to drive might mean you lose your job. You will pay some high fines, likely will face some jail time, will be put on probation, and if someone is hurt, can expect further charges. If you get multiple DUI charges, representation is crucial.

Who can help?
If you are unsure of what to do, if you’re scared, it’s time to consult with a professional. It’s likely you’ll be facing some serious prosecution. If someone was hurt or killed, you may face even more serious charges. Multiple DUI charges can mean months if not years jail time. Hire an experienced lawyer soon – don’t wait to hire a lawyer days before the trial – so you can prepare a strong defense. Simply being charged does not mean you are guilty nor that you will face the maximum charges.



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Reviewing A DUI Lawyer

Choosing a DUI lawyer is an important choice. But you are making a key decision already. By hiring a professional instead of a court appointed lawyer or defending yourself, you’re ensuring your rights are protected. It does not guarantee you will come out of this sentencing with no blemishes, but it gives you a much better chance.

If you type in “DUI” in Google – go ahead and come back – you’ll see something quite odd: millions of results. There are specialized DUI sites, blogs like this one, business sites, law firms, articles sites, each with their own stake on your time. This makes choosing like pulling diamonds from the Earth: you have to really work at it. You have to put time into searching for the right DUI lawyer, not the first or the cheapest. If you go with the cheapest, you might as well use a court appointed lawyer. This is not to say you should hire the highest, but pay professional rates for an important service.

How do you choose who helps with DUI law? Going online is, even with the surplus of sites, still one of your best options. You can narrow down an experienced lawyer or firm often by seeing their relevant experience, their testimonials, there actual pieces on DUI law published online, etc.

Who is right for you? Have a price in mind. $500 may not cut it; you typically pay thousands of dollars for a professional DUI lawyer. Why? You stand to owe thousands in fines, to lose your license, and face jail time, so it’s more than worth the fee.

Also have some prepared questions for the lawyer. How many DUI cases have you taken? How many are you currently working on? Will you have a paralegal or second lawyer on this case? How much time can you spend on this case? What kind of defense do you suggest for my situation? Can you work with me on fees?

Some of these are quite simple: you want to know if this DUI lawyer is overbooked, how much experience he or she has, and whether or not he or she will refer your case to someone else. But some lawyers are willing to negotiate some on fees, perhaps working on a plan for you to pay over time.

How do you review? You asked some key questions. Now, pull together the answers and use your gut instincts. You want someone you can communicate well with. By asking the key questions, you likely got an idea of their personality, not to mention knowledge, and that is quite valuable.

How many lawyers should you contact prior to hiring one? Generally you keep looking until you find the right one. Never settle unless you’re running out of time. If you live near a major city, your options are many, so make a short list of say 5-10 names and start asking for consultations. You can do this via email, where some firms offer legal advice for free to get you started.



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6 Questions to Consider When Hiring a DUI Lawyer

1-Should you plead guilty?
Pleading guilty or not guilty is a common legal question, and very important in DUI law. You should rarely if ever plead guilty to a DUI charge unless guilt is completely clear. Even a positive breath test showing you are over the limit can be questioned. There are so many points to consider that at a minimum consulting with a lawyer is essential. Yes, there are times when pleading guilty has benefits, but never do so without a lawyer.

2-What is his or her price?
How much value can you put on a lawyer? Unfortunately, not all will give you the same value. That makes it more difficult to see who’s going to help you win. Some settle on DUI lawyers rather than choose them, often because of price. If a lawyer is way out of your price range, it’s understandable to keep looking. It does depend on your budget, but remember, if you lose your license, are fined, even go to jail, that can cost you much more time and money. Therefore, put a high value on an experienced DUI lawyer.

3-What legal background does the lawyer have?
A DUI lawyer will have a degree and have passed the bar exam. Beyond his or her education, you should look at what cases the lawyer has settled. They may have had a good many cases with successful defenses, lessening charges and sometimes winning. Or they could have helped others get their license back after losing it to DUI. Asking for references and successes is quite important.

4-How available are they?
You don’t want a lawyer juggling 20 cases at one time. Sometimes you can’t afford a more expensive lawyer, but neither can you afford the cheapest lawyer available. If they are cheap, they may have little time to actually prepare an effective defense, which we’ll be going over. You don’t want a $50,000 bill, but neither do you want  jail time, license suspension, and fines because the lawyer didn’t fight for your rights.

5-What is their opinion on your case?

You want your lawyer to evaluate your case and explain in real terms what might happen. Most DUI charges with positive breath and blood tests lead to charges. Since most DUI cases are now in front of  a judge rather than jury, and since these judges hear many not guilty pleas from guilty drivers, it may be time for a reality check. You can be completely honest with your lawyer and ask for advice.

6-How do they propose a defense?

On the other hand, “innocent until proven guilty” should be on your mind. If you minimize the affects of the penalties, you might avoid going to jail and losing your license for a long time. There is a lot of value in that. But in order to do that, a lawyer must prepare an effective defense. This can include whether the breathalyzer test was accurate, if you had been drinking at all or in excess, how and why the officer pulled you over, and how you were treated. Yes, it can be complex, and you need not understand every law and court process. But it’s good to ask questions from the beginning.



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Importance of DUI Lawyer Education and Experience

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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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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