1: Do Not Give Too Much Information
If you’re pulled over on suspicion of abusing drugs or alcohol and driving, you may consider explaining to your officer how this will ruin your life. Rarely will they care. On the other hand, they may play friendly while interrogating you – to get more information. If you’ve been drinking, do you have to admit that? No, you only need give the officer your identifying information and take the breathalyzer test. You do not give any information the prosecution can use against you.

2: Do Not Plead Guilty
If you fail the breathalyzer and perhaps the blood test too, you may consider just getting this over with: pleading guilty. However, ask any lawyer who specializes in DUI law and you’ll hear a consensus: you rarely, if ever, want to plead guilty. If the prosecution offers a deal, which is rare in DUI cases, you may consider that. However, you should always consult with your lawyer prior to making the decision.

3: Hire a Lawyer Prior to Your Court Date
And before you even go to court, have an experienced lawyer in place ready and willing to help you. You should immediately get in touch with a lawyer who specializes in DUI law instead of waiting a few days prior to the trial. Give him or her time to look over your case. Make all decisions with your lawyer.

4: Not All Lawyers Are Equal
While a good lawyer is a good lawyer, you need a DUI lawyer – not someone referred to you who has taken on a few cases before, or who specializes in some other law. Some lawyers take on any case for the money, not specializing in anything. And even if you hire a DUI lawyer, it does not mean he or she can help. Sometimes you make a mistake, and hire the wrong one. There is no law saying you have to keep them on your case. You can save valuable time by being picky and being willing to pay extra.

5: Drunk Driving is Not the Term
Simply because you got a DUI does not mean you were drunk. You may have been much closer to the limit than you think. It’s too broad a term to use. Instead, use “under the influence,” and start asking questions on how much you were over (if not under) the limit.

6: BAC Tests are Not Perfect
When you go to court, plead guilty, and take the maximum charges, you are forgetting two things: first, a lawyer can often lessen the penalties, and second, not all blood alcohol content tests are accurate. In fact, the breathalyzer has been proven to be wrong. If you fail a blood test, that is stronger evidence. But guilt is never a guarantee, and you have a right to question what happened.

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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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DUI laws are intended to protect drivers and pedestrians, which is why you face jail time, fines, and long license suspensions for driving with drugs or alcohol in your system. Thousands of deaths every year are attributed to DUI, and Michigan DUI laws are designed to punish those who endanger others.

But if you made the mistake, you likely feel bad enough. Who can help? You need a Michigan DUI lawyer with experience in defense. You need an experienced lawyer capable of challenging the charges, fighting for your rights, and making the final decision a fair one.

How do you find a good DUI lawyer?
The State Bar of Michigan (found at MichBar.com) is a good access point for finding prospective lawyers, even providing help for those who simply cannot afford high fees. Searching online, even if you get access from a local library, can be invaluable in finding an experienced lawyer capable of defending you. You should always meet with the lawyer before making any decisions, go over rates and experience, and also make sure you can communicate well with him or her.

What penalties can you avoid?
You might think a defense is impossible. Or you may be outraged at what happened and how you were treated. A defense is always possible, and if you were wronged, your rights can be protected. In Michigan, DUI law is stiff. As in all states, if you have a  blood alcohol content (BAC) or .08%, you can be charged. If you are charged, you can expect license suspension, fines, and potential jail time. For a first offense, you rarely get long jail time, though there is the potential for up to 93 days. You also pay less in fines and your license suspension can be months. However, just with a second Michigan DUI offense, you can spend up to 1 year in jail, have extended license suspensions, and pay up to $1,000 in fines.

On the other hand, if you were wronged – if your rights were violated – you may be able to avoid some or all penalties. You have a right to a defense, as provided by the sixth amendment, and the best defense is with a lawyer who understands Michigan DUI law, what happens in court, and how a defense is constructed.

Your DUI Defense Options
You have three options – and these options are not all equal – when preparing a DUI defense: defend yourself, use a court appointed lawyer, or hire a professional Michigan lawyer. Rule out defending yourself unless you are a DUI lawyer. If you cannot afford to hire a Michigan DUI lawyer, use the court appointed lawyer, who will at least have court experience. The best defense, especially if you want to challenge the charges, is with a professional DUI lawyer. He or she will specialize in DUI law, will have incentive to help you, and can invest a lot of time into your 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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Just getting one DUI charge is enough, but unfortunately some of us make the mistake a second, even a third time. Where do you begin to prepare a defense? First you understand the penalties involved. Then you consider a lawyer. And finally you plan a strategy to avoid getting maximum penalties. This guide will show you how it’s possible to have all charges thrown out, or at the very least lessen California DUI penalties.

First California DUI Offense
For any DUI charge in any state, the first offense is obviously the one where you have room for negotiation and a better opportunity for defense. You almost always get misdemeanor charge. There are infractions, such as a speeding ticket; misdemeanors, like a DUI; and felonies, such as if you crash into someone while under the influence. A misdemeanor charge does mean you have potential jail time, that you pay fees of $400 to $1,000, and your license can be suspended (usually 4 months but sometimes more). Once you are eligible for your license, have paid all fines, and have fulfilled other requirements, you can start driving again, but usually with an ignition interlock device.

Multiple DUI Offenses
As with all states, California DUI penalties get worse the more you get. You risk a felony charge with multiple DUI charges. You have mandatory jail time, usually several months, just for a second DUI. Your license can be suspended, you may be forced to do community service, and you’ll also have to pay some fines. If you hurt someone while driving under the influence, that only places you in more trouble. Say you were drinking, tried driving home while intoxicated, and you hit a parked car with someone inside going very fast. That alone can lead to some serious charges, especially if the other driver is hurt badly. If they are killed, you may face what’s called “vehicular homicide” charges, which are as extreme as they sound.

Felony or Misdemeanor?
You definitely want to fight for felony charges to be lessened to misdemeanor charges. If guilt is clear, your lawyer might be able to limit the penalties. However, there are few if any deals when it comes to prosecuting a California DUI; most of the time, a punishment is given. If you are a repeat offender, there is a high probability of a felony. If on the other hand you made one mistake, you may be able to fight for a misdemeanor. This is assuming you have no chance of winning.

How can you beat the charges?
You do have a chance of winning against any charges, misdemeanor or felony, by understanding the process, your rights, and the importance of professional representation. As noted, prosecutors and judges are rarely lenient with DUI offenders. However, there are effective strategies for beating these charges. You might question how the officer arrested you; if they had no reason to pull you over, you can fight based on being profiled. You might also question how the breath and blood tests were done. Sometimes levels of alcohol read higher than they are.

What Lawyer?
Yes, you need an experienced California DUI lawyer if you want to win. While “winning” may seem difficult, remember that you are innocent until proven guilty. Defending yourself or using a court appointed lawyer rarely works out. You don’t know DUI laws as well as a professional, and a court appointed lawyer has no real incentive to help you win. If you want someone experienced in DUI law, who wants to help you beat the charges, and who can educate you on the process, you need a professional California DUI lawyer.

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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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DWI charges can mean jail time, fines, license suspension, probation, and life changing problems.

DWI law is quite complex, from the moment you are pulled over to your court case. That’s what can make an experienced lawyer invaluable, and that’s what leads to our first DWI question.

Do you need a DWI lawyer?
Yes, you always need a lawyer if you’ve been charged with a drinking and driving offense (or charged with operating a vehicle while using drugs). Simply put, it can keep you out of jail, lessen license suspension charges if not eliminate them, stop fines, and more.

Is any lawyer good?
Not all DWI lawyers are equal, unfortunately, though just because one is quite cheap in price does not mean you’ll lose, and higher priced DWI lawyers do not guarantee a win. The best method is to go somewhere in the middle, to pay for value, but to understand that spending tens of thousands in defense is just unrealistic.

How much do DWI lawyers charge?
Costs are either based on flat rate fees for defending DWI or on hourly. You can typically estimate lawyer prices beforehand and get a good idea of who you can afford. If they charge an hourly rate and give an estimate on hours, you can easily compare this with others. If a flat rate, that’s easy to compare too. But note value: if they have experience in and out of the court, in winning, that’s valuable.

What is the difference between DWI, OWI, and DUI?
Different states have different terms. On this blog, we typically use DUI, but generally DUI has the same intent as OWI and DWI: to punish those who drink or abuse drugs in excess and drive. DUI stands for driving under the influence. OWI means operating while intoxicated. And DWI means driving while intoxicated. Each term used the same blood alcohol content (BAC) limit of .08%, has similar charges in terms of jail time and fines and suspensions, and has similar defenses. The only major differences are between state laws.

What should you do if pulled over?
You will likely be asked to take a breathalyzer test if the officer believes you’ve been drinking. This is pretty much the same across all states, where if you refuse you can immediately have your license suspended. If you’re pulled over, the less you say the better. This is not to say you don’t cooperate; only you avoid incriminating yourself.

How do you make a DWI defense?
You make a DWI defense with a DWI lawyer. Yet it’s more complex than that. DWI penalties can be quite stiff, but defenses can be very effective. How you act during the arrest, what your BAC level reads in the breathalyzer and potentially with blood tests, what the officer does, and how good a lawyer you hire all make complicated but winnable.

True, if you avoid abusing drugs or alcohol and driving you have nothing to worry about. But cases where you’re arrested for a DWI and have abused nothing occur all the time. The defense in this instance is based on proof.

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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.

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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.

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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.

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