If you’re being accused of driving under the influence, then how you plead to charges, what you do and don’t do, is important. And it merits a closer look.

Do Not Plead Guilty
You should prepare a defense. You should hire an experienced lawyer. Why not simply plead guilty to the charges? You are accepting the maximum penalties; the cliché  “throwing yourself to the wolves” comes to mind. You can almost always find some flaws in the prosecution’s case. A successful defense can, at a minimum, lessen the penalties you face.

Do Hire a Lawyer
A DUI lawyer is essential. By “DUI” we are focusing on a specialist, someone who only helps defend those charged with drinking or abusing drugs and driving. You may have the opportunity to hire a less experienced lawyer for cheaper or one who does not specialize, but you should always consult with someone who is an expert and charges a professional fee. While you do not need the highest priced lawyer, you do need an effective one.

Don’t Admit to Drinking
While it may be too late if you’re already charged, if you are curious what happens when you’re asked if you’ve been drinking, here’s a tip: do not admit anything. Most lawyers agree – you should only give over necessary info to the arresting officer, such as you license and registration. You should also take the breathalyzer, though the other field tests – where you count backwards or stand on one leg – are optional. If you get the classic, “have you been drinking,” tell them you will take your right to remain silent. If it’s obvious at the trial that you were drinking and driving, even then you can question the charges and the blood alcohol content (BAC) tests.

Do Protect Your Rights
You have rights when you’re pleading to charges of DUI. Therefore protect them by hiring a lawyer, by challenging what happened, by pleading not guilty and fighting for lesser charges.

Don’t Accept Charges
Never accept the charges made against you. Instead, you and your lawyer should argue the case. You simply do not know what will happen on a given day in the court room. Some new evidence may pop up. The arresting officer may have abused your rights. The breathalyzer may have been used incorrectly. Or perhaps you simply took some medicine and did not know it affected your driving.

Do Negotiate
Sometimes the prosecution will offer to make a deal with you. It’s rare in DUI cases, as usually the defendant pleads guilty or simply has too much evidence to make this possible. But you may have a chance to plead guilty to lesser charges; it does happen.

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DWI laws change from state to state, making some study important. Even if you get a lawyer – and you definitely need a DWI lawyer if you’re being charged – you should be aware of basic laws. Why? If you don’t know what is happening in the court room, you won’t be able to make key decisions. This guide helps you make those decisions by going over 6 DWI laws you should understand.

New York DWI – The First Offense
Expect fines from $500 to $1,000. You might be charged with up to 1 year jail time. Finally, your drivers license will be revoked for at least six months. Why so hard for a first offense? One of the leading causes of death in New York is drinking and driving. But it does not mean you have no rights; you do.

The Second Offense
If you get a second New York DWI within 10 years of the first, you can expect major fines, a longer jail sentence, and a longer license suspension. Fines can be as high as $5,000. You may face up to 4 years jail time. And your license is often suspended for years. If you believe you were pulled over in error, that your rights have been broken, or that you were not under the influence, you need to speak with a lawyer.

The Third Offense
Now we are getting even worse. Expect penalties to be doubled in comparison to your second offense. If you get a third DWI within 10 years of the second, that’s a felony charge (technically a class d felony), and felonies are the worst driving penalties you can get. If you want to avoid long time jail, fines up to $10,000, and a lengthy license suspension, get legal help.

Aggravated DWI
While less common, we all know how sometimes you just can’t stop drinking. That applies most when you consider than an aggravated DWI means your BAC (blood alcohol concentration) is .18 or higher. That’s not only dangerous to you, as much higher and you risk life, but it also puts others in grave danger. The more you drink, the more likely you are to be in an accident (some studies have pointed out you can be 10 to 40 times more likely to be in an accident if drink enough).

DWAI/Drug
If you are arrested for being “driving while ability impaired” by drugs, the penalties are close to what you get for a DWI. If no alcohol is in your system, but drugs are, you can still be charged.

Your Right to Representation
Scared? There is one other important law to consider – that you have a right to representation. Simply put, not all DWI cases are the same. You may have been charged with a  higher BAC level than you had, or you may have been profiled by the arrest officer, or the officer lied about something, or a variety of other points. If you are charged with abusing substances and driving, your first move is to immediately hire an experienced DWI lawyer. Do not hire someone who does a “little of everything;” get a specialist in DWI law. And don’t wait until days before your trial to hire a lawyer; hire one as soon as possible.

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When is too much really “too much”? When is your drinking going to endanger other drivers on the road? When is mixing drugs and alcohol going to lead to an accident? How dangerous is drinking one beer, a few more, a few more, and then driving?

According to a recent study, drinking two beers can lead to close to a .04 BAC (blood alcohol content). This is of course subjective, depending on how much you weigh and if you eat. However, it gives us a good barometer for how drinking affects you. If you drink twice that amount, about 4 beers, you can be at the legal limit in all 50 states, .08. If you get to a .04, you are 1.4 times as likely to get into an accident. If you get to .08, you are 10 times more likely to get into an accident (and you’re breaking the law). Keep drinking, and the numbers can be quite startling, making you 30 to 40 times more likely to get into an accident.

Car accidents are a leading cause of death throughout the country. And accidents are the leading cause of death for those under the age of 24; about 40% of drivers under 24 who get into an accident do so because of alcohol. The dangers for young drivers may seem obvious, but it’s a point which needs to be made more.

The more you drink, the more likely you are to get into an accident. And remember, the numbers above are just basic benchmarks. If you weigh very little, you may hit .08, the legal limit, much faster. If you weigh more, you may think you can handle more, drinking more and then getting into an accident.

Why is drinking and driving so dangerous? It’s important to understand how alcohol affects your body. The most important affect alcohol has is in reaction time. Your reflexes slow, and you might rear end someone who stops quickly. Your vision is also effected, making driving at night dangerous. You may suffer from common drowsiness after doing some drinking, and that influences your ability to drive. Though there are many more – such as coordination in the actual driving process – remember that alcohol has major affects on your driving abilities, even in small amounts.

What if you get charged with a DUI or DWI? You have more options than you might think. These are serious charges, and you need legal representation. A DUI lawyer is invaluable in protecting your rights. You likely made some mistakes. You have to understand you endangered others on the road if you indeed drank too much. However, simply knowing your guilty does not mean you give up. Instead, you hire an experienced lawyer who specializes in DUI, who can protect your rights, and who can make an effective defense.

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You have three options when it comes to a DUI defense: to represent yourself, to use a court appointed lawyer, or to hire a professional DUI lawyer. In the defense itself, you and your lawyer will have to decide on how to contradict statements, use witnesses, and perhaps use experts. Rarely, if ever, should you plead guilty to a DUI charge, especially before speaking with a lawyer. There are some other points to consider, and useful strategies for defense.

What Happened?
This is a loaded question with many points. Did the officer make mistakes in your arrest? Had you really been drinking or used some drug which affected your driving? What did the police report state? And what were your blood alcohol content (BAC) readings?

A defense can be based upon the decision making of the arresting officer. He or she must have a reason for pulling you over in the first place. If they pulled you over with no cause, you have a strong defense. If you’re driving was clearly influenced by alcohol, and the officer had reason to pull you over, that is different.

Were you drinking? Be honest, as just drinking is not an admission of guilt. If you admit to drinking prior to meeting with a lawyer, that can hurt your case. If, however, you were drinking, but did so minimally, that too can affect your case. If the BAC (blood alcohol content) tests were close, meaning you were barely over the .08% limit, you may be able to question the test. If you were over to an extreme, say reading at .12% or more, that can really hurt your defense.

It’s important to understand all the events: if you were drinking, if you were driving wrong, if the officer acted correctly, what you said, and how the police report explains the events.

Can you question the charges?
If you were treated unfairly – such as being profiled and pulled over for no clear reason – you have a right to question the charges. And you always have the means for a defense. This should be decided with your DUI lawyer. There are many ways to prepare for a defend. When pulled over, say as little as possible, only giving your info and taking any breath and blood tests. Write down all the events of what happened, what led you to being pulled over, and if you have any witnesses. Finally, be completely honest with your lawyer and give him or her all your information.

Where can you get help?
Being charged with a DUI can be a life changing event, but simply because you were pulled over and charged does not mean you always face penalties. The best defense is provided by an experienced DUI lawyer. He or she should specialize in DUI law, should be affordable, should communicate well with you, and come up with a defense to limit charges if not absolve you of them.

You will be the final decision maker when it comes to who defends you, how they defend you, and how your rights are protected. However, when deciding on a defense, you need an expert on what happens in and out of court. A professional lawyer, not a court appointed lawyer, gives the best defense.

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Staying positive after a DUI charge may seem to be impossible, but it’s important to keep moving forward. You hire a lawyer. You prepare a defense. You question what happened. That’s a start, but let’s go further.

The Questioning Officer
Many DUI lawyers hear this story. Remember the good cop/bad cop routine on TV? Well, it occurs sometimes with just one officer. He or she is all by the books when testing your for alcohol with a breathalyzer, perhaps asking you to do some field sobriety tests, and explaining your rights. Now, when he or she explains your rights, listen to them carefully (or recall how it goes). “You have the right to remain silent, and anything you say can and will be used against you in a court of law.” These words  are more important when the officer starts being friendly and asking you questions. He or she might pretend friendliness in order to get more information – in other words, getting you to incriminate yourself. Don’t; you should avoid saying anything else. All you need do is give you information, take the breath test, and accept any charges. Ignore the rest.

Remember What’s Said?
Write down any details you possibly can. Even if you did not answer questions, write down what the arresting officer said. Write down, in other words, every detail you can think of.

Play Fair
When in jail, say nothing, do nothing, make no mistakes. This can be quite difficult, especially if you are angry and worried. However, the more you say to police officers when you are put in jail, the more words you sling at them, and the more you say to other inmates only hurts your case. If you are mean to officers, it only works against you. Make this like a bad meeting with a boss in a job you have to keep; the less you question and take personal the better.

Your Testimony Verses Arresting Officer Testimony
Often what happens in a DUI case is the arresting officer’s testimony against yours. While it may seem unfair that one person can provide proof to punish you, that’s the way it works. Most judges will look at an arresting officer as more trustworthy than someone charged with a DUI. You have to understand many judges see DUI cases on a daily basis, making your story quite common. However, if you write down what exactly happened, if you feel wronged, and if you make contact with an experienced attorney, you still have a great chance of beating some charges or lessening penalties.

How can you question officer testimony? You can by collecting witnesses. That means anyone you meet while in jail, including any guards or others in jail, who are credible witnesses on how you seem can be used. Why? Because if the arresting officer says you were clearly intoxicated, but you have credible witnesses saying otherwise, you can discredit the testimony.

Tell Your DUI Attorney Everything
You should not lie to any officer or judge, but the one you trust with everything is your DUI attorney. If you have collected some witnesses, he or she should be the first one you provide the information. If you had in fact been drinking, explain the events. If the officer acted oddly or treated you wrong, your lawyer can take advantage of it.

Sometimes preparing an effective defense is more about what you do when arrested than what happens after. However, remember that how you act from the officer’s vehicle, to jail, to your home, and to court all can be used for you or against you.

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You’ve just got out of jail after being pulled over, tested for alcohol, and arrested for a DUI. What’s next? You have to defend yourself in court.

Can you plead innocent to the charges? Absolutely, as a successful DUI defense is very possible. On the other hand, the odds are against you. You have to know what evidence is being brought. Just like when you get into an accident, proof of what exactly happened can define the following events. This blog guide will explain what proof will be used against you and how you can discredit it.

Breath Tests
A breathalyzer tests the blood alcohol intoxication you have by, as it sounds, your breath. On a more scientific note, once alcohol is absorbed into the bloodstream, it goes through your lungs, where the breathalyzer comes into play. The process, though useful and often right, is not perfect. There is some potential for mistakes. Yes, the majority of the time a positive breath test is correct. But since the tests are subject to human error and it makes no difference how much you weigh or if you’re man or woman, it’s not the most damning evidence.

Blood Tests
Blood tests are the most damning evidence. Why? As noted, alcohol goes into your blood. It does not go out of your urine. Therefore, testing your blood alcohol content, BAC, is the most accurate of all tests for alcohol. If you are over legal limit of .08 on a breath test, there may be some question. But if you fail a BAC test, you may be in trouble.

Officer Testimony
The officer will be writing the report on what happened, making what you do and say crucial in defense. As often quoted, what you say can be held against you in a court of law. Therefore, the less you say the better. You have to, by law, give your name, license, and identifying information, but you need not answer every question the officer asks. Also, the officer may ask you to do a field sobriety tests – such as walking a straight line – and as we note on this blog, that’s not always required. Few states have laws where you have to take a field sobriety test.

Your Testimony
In court, your testimony will not be the deciding factor unless something clearly illegal happened. If you were pulled over for absolutely no reason, perhaps because of how you looked or how your car looked, that is against the law. Profiling based on race, sex, and other appearance does occur. If you feel your rights were infringed upon, you have a right to say so in your testimony.

Can you win?
Yes, beating DUI charges even with evidence against you is very possible. But, face it, if you are guilty and the officer acted correctly, you may have to accept some penalties. Even then, you might be able to avoid some of the charges, such as a long jail sentence.

Who can help?
Hiring a professional DUI lawyer is crucial in winning in court. And winning is not always beating every charge; sometimes lessening license suspensions or avoiding jail time is a win. No matter what, get an experienced lawyer willing to spend time into defending you. Simply forgoing a lawyer, and pleading guilty, may mean maximum penalties.

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Forget the odds: you can successfully defend yourself against DUI charges. It’s not easy, especially without legal counsel. However, there are many strategies for success. This blog guide gives you five.

Why were you pulled over?
The Fourth Amendment of our  constitution has this seemingly minor law: an officer cannot commit unreasonable searches and seizures against you. In practical terms, you cannot be pulled over because you are a minority, because you look different, because you drive different, and for a variety of other reasons. You have rights. If you get pulled over at random and for no reason, your lawyer can likely challenge the arrest. If the arrest was begun in the wrong way, that is against the law, even if you had been drinking. That means you can challenge the reasons for the arrest and have the whole case thrown out.

Your Rights
You have rights. They need to be told to you upon arrest. This is the Miranda statement. If an officer pulls you over because you’re driving oddly, questions you, and then gives you a Miranda warning, that is correct. However, that is not always how it goes. If the arresting officer fails to explain your rights, it’s a legal error and can be used in court.

Did you know the breathalyzer fails?
Another defense against seemingly impossible odds is questioning the validity of the breath tests given to you. You can still win. This is touch and go for law enforcement: the breathalyzer test can be wrong. There is no difference if you are a 100 lb woman or 250 lb man. So you may be fine for your size, having no trouble driving, but fail the breath test. And it’s subject to human error as well: officers are trained on how to use them, but errors occur.

The Arresting Officer Makes a Mistake
In the majority of DUI cases, the arresting officer can give quite damning evidence against you. However, if your lawyer can find holes in his her her statements, it can be damning for the prosecution. Thee are rarely any other witnesses, and simply raising questions and showing how laws weren’t followed can mean you are found not guilty.

Get the Right Lawyer
If a lawyer charges too low, you may want to question how experienced he or she is. You have to pay to beat a strong DUI charge. However, you need not spend a fortune. Few of us can spend $20,000 to $30,000 to win, but with the right lawyer you need not spend that much. Keep in mind that your paying for a complex service. You have many options, but ensure your lawyer specializes in DUI law, has time for your case, and can actually beat this charge for you. Many offer free initial consultations and case reviews, the best ways to get started.

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Driving while intoxicated is never smart, and unfortunately the mistake will cost you. A DWI (or DUI) lawyer is important because he or she can help you avoid prolonged license suspension, fines, jail time, and other penalties. What should you look for in a DWI lawyer? In the state of New York, a leading cause of death is drinking and driving. The penalties are stiff because of this, making an experienced lawyer essential. This guide explains the costs of drinking and driving, how to prepare a defense, and more.

The Penalties for a First New York DWI
You can expect, without a lawyer, for the maximum penalties to be enforced, even if you plead guilty to the charges. If you plead guilty, you are making it clear the tests were correct, the arrest was correct, and you deserve punishment. A first New York DWI can mean up to a year jail time, fines from $500 to $1,000, a minimum license suspension of 6 months, as well as mandatory alcohol screening and evaluation.

Multiple New York DWI
The more drinking and driving charges you get, the greater the penalties. For example, a third DWI means a felony charge, the highest punishment you can get. You can get jail time from 10 days to as much as 7 years. You face fines of at least $2,000, and can expect a license suspension of a minimum of 1 year.

What does a lawyer do?
A New York DWI lawyer can allay your fears and help you make a strong defense. There is so much involved in a DWI laws and punishments that it’s crucial to get an experienced lawyer. He or she defends you in court, questions the arrest, challenges any BAC (blood alcohol content) tests, and can help you either defeat the charges or get lesser penalties.

How much will it cost?
DWI lawyers can cost more money than you might have. Don’t worry; many are willing to negotiate with fees. Generally you can expect to pay in the thousands for an effective defense. However, the value is clear: spending $5,000 to $10,000 can mean the difference between getting fines or not, keeping your license or losing it for years, and perhaps most importantly avoiding jail time. The costs are relative. And most DWI lawyers offer a free consultation or case review. Ask for references, costs, and how they might defend your case.

Resources for Finding the Right DWI Lawyer
Looking online is perhaps the best way to get a New York DWI lawyer, where you can search from thousands. It can also show you who has experience,who offers free first consultations, who you can afford, and how they actually defend you. You can also ask for references from other lawyers, or even look in the phone book. But if you’re reading this guide, you can use the web for finding your lawyer

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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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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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