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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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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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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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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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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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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Every 22 minutes, someone dies in a drinking and driving accident. About one third of all traffic fatalities involve alcohol. According to Buzzle.com, citing a U.S. Department of Transportation study, “out of 12,998 drinking driving fatalities in the United States in 2007, 1,393 were caused due to teen drinking and driving.” It gets even worse. Over 25% of teenagers killed in car accidents were drinking before driving or while driving. And many also forget to put their seat belts on.

This guide will point out the main dangers of teen drinking, how drinking will affect you, what laws are in place, how teens can be safer drivers, and what happens if you get DUI charges.

What does drinking do to you?
Many teens equate partying with drinking, of getting a “buzz” or just flat out partying. It’s of course not possible to stop all teen drinking. However, the facts can be a good warning. Drinking affects your ability to walk, speak, and see. These are integral processes, especially being able to see as you drive and having full control of your body. Further, drinking slows down your reaction times, impairs memory, can confuse you mentally, slows down the nerves that move your eyes, hurts muscle coordination, and also can hurt you over longer periods such as with liver disease. And alcohol poisoning itself kills many teens not used to drinking large amounts.

If you have slower reaction times, that is obviously a major danger. If you cannot see well, if your memory on how to drive and follow driving laws is hurt, if you even pass out while driving—these can all lead to an accident and sometimes a death.

So we know how drinking effects you. Now let’s go over the legal ramifications.

Minor DUI Laws
It’s illegal to drink under the age of 21, but as high schools and colleges can tell you, it’s not a law followed by many. This is natural. One of the reasons for the drinking age is related to minors who drink and drive and are severely injured if not die. People used to drinking may be able to drive with some alcohol in their system, while an underage drinker may experience the effects much more. Since thousands die every year in alcohol related accidents, it’s important to note the dangers. And since over 1,000 of these deaths are related to teen drinking, it’s important to avoid ever drinking as driving.

State laws differ on how teen drivers are punished for intoxication. Some treat the problem much more seriously than others. However, since a minor breaks the law simply by drinking, most states penalize teen offenders more severely. Even if you have a .02% level, you can be charged with a DUI as a teen offender.

What can parents do?
If you’re a parent, it’s important to make clear the dangers of drinking and driving. We all go through our teens, perhaps breaking the rules ourselves. However, there is a big difference between having some fun and putting you or another person’s life in danger. It’s not the place of this blog post to say how you explain it to them, but keeping teens aware of the reality behind drinking and driving is important.

How to Get Legal Help
When a teen is charged with a DUI, the penalties can be very stiff. If you have no license, for example, it can be even worse. If you drank at all, the officer can arrest you. The important thing here is to get proper legal representation. The courts will take this charge very seriously, and you should too.

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Abusing drugs and driving can and often is just as dangerous as drinking and driving. All states penalize you immediately for abusing any drug, prescribed or illegal, and driving. There are many reasons not to mix driving and drugs which will impair your ability. This blog guide gives you seven.

Dangerous for You
By abusing drugs, you are hurting your ability to see, feel, and make decisions. Just as alcohol can damage the nerves in your eyes and hurt your ability to see, the same is the case with many drugs. The problem is that many illegal drugs have chemicals in them you may not understand. You may be taking a drug which makes you tired, very dangerous. You may take a drug which makes you pass out. Or you may have some reaction to it. It’s very dangerous to mix even legal drugs with driving, especially if you also drink some. Be safe and avoid the dangers of drug abuse and driving.

Dangerous for Other Drivers
There are other drivers on the road too. Over 10,000 drivers die every year because of abusing drugs or alcohol and driving. Thousands of pedestrians die too. This means you are not only putting yourself at risk by driving; you are endangering the lives of others. And if you’re at fault, you can face criminal charges.

Lose Your License
If you are caught abusing drugs and driving, it’s treated just like a alcohol related offense in terms of your license. The first penalty is your license is suspended. For first time offenders, this can mean losing driving privileges for a year.

Face Fines
You will also face fines. Though minor in comparison to losing your license and going to jail, sometimes the fines can be quite high, especially if you’re not working.

Get a Drug Charge
If you are caught with illegal drugs, you face more than a DUI: you also can be charged as a drug offender. This can mean further penalties.

Go to Jail
Going to jail can occur even in a first time DUI offense. While sentences vary, you can spend days in jail to months in prison. If you have multiple DUI offenses, you can be forced to spend even more time in jail.

Other Penalties
A DUI offense can also mean being put on probation, forced to go to drug counseling, and then having to go through a lengthy process just to get your license back.

So what’s next? All DUI charges require the help of an experienced, local DUI lawyer. While you may think just because your caught means you always face charges, it does not work that way. You may in fact be able to successfully defend yourself. But you can’t without a DUI lawyer. A proper defense can have evidence thrown out, officer actions questioned, and either a lessening of charges or a not guilty decision.

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You were pulled over, arrested for a DUI, taken to jail, and your license was suspended. This happens every single day in the state of Michigan. Why has your license been suspended? What can you do to get it back? And who can help? This guide answers these and many more DUI questions related to getting your license back.

Why a Michigan license suspension?
Michigan is different than other states simply because each state has similar but somewhat different drinking and driving laws. Some call it a DWI, others OWI, while most call it a DUI. Some will suspend your license longer than others. Some may charge you with an aggravated DUI for being far over the limit or for drinking and driving multiple times. The reasons for each state law are pretty much the same: those who drink alcohol or abuse drugs and drive are dangers  on the road. Across the country, drinking and driving is a leading cause of traffic deaths.

You were charged because of this, because it’s so dangerous to mix alcohol or drugs and driving.

How can you get your license back after a DUI?
If you only have one DUI violation, getting your license back is much easier than if you are a habitual often. For most, you will apply for a general reinstatement. If it involves drugs, it will be a reinstatement for a drug crime, and if you are a minor it’s also different. The point here is that first time offenders can and often do get their licenses back. You have to wait until your suspension is over, you go to the  Michigan Secretary of State office, and apply for reinstatement.

What if you are charged for multiple drinking and driving violations?
If you have been repeatedly caught drinking and driving, you have to go the the Driver Assessment and Appeal Division (DAAD), who will review your case. You will have to prove your alcohol or drug problem is gone, that you won’t repeat the offense, and that you want to follow the laws. If your license is revoked, it can take much more time and legal work to get it back.

How much will it cost?
A general reinstatement fee for a suspended license is only $125. If you want your license back after a drug crime, that fee is $250, and the same for a minor in possession (MIP). Your lawyer fees, and you should get a lawyer, will cost some money too.

Who can help?
Getting your license reinstated for a one time alcohol or drug offense is often fairly simple. You have to pay a minor fee and can move on. However, to represent your interests in court, you need a professional lawyer. An experienced Michigan DUI lawyer is very important if you’ve been caught multiple times drinking and driving. You can expect penalties far beyond simple license suspension, including fines, jail time, and probation. A lawyer’s job is to lessen penalties, if not remove them, and help you move on with your life.

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