DUI Blog

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.

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.

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.

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

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

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

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

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

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

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

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

What happens in a DUI trial? Most DUI cases do not go very far in trial. Usually, a guilty verdict is made, and the case is turned over to sentencing. Other times, you might get a plea bargain with the prosecution, though these are rare in DUI cases.

It’s not just a guilty plea or a plea bargain because the defendant is always guilty. Just because most plea guilty to a DUI charge does not mean you have to. You have rights, and you’ll have your day in court. But what really happens?

First of all, this a criminal trial, and the penalties can lead to misdemeanor or felony charges. In criminal cases, a judge and jury can hear the case, though jury trials are less common in DUI cases. The prosecution – in other words the state prosecutor – will be trying to prove you are guilty of drinking and driving, or using substances and driving. You and your lawyer will be saying there is doubt in this case, that there should be no punishment or punishment should be limited.

You need a DUI lawyer unless you are a DUI lawyer yourself. Even if you are a lawyer, and have court room experience, DUI law is too complex to be done by yourself. You also have the option of using a court appointed attorney; unless you plan on pleading guilty, this is a bad option too.

The first step in the case is choosing a jury. You have a right to a jury, but in some cases you may prefer a judge; your lawyer can help with this situation.

Make sure your lawyer has court room experience. For one, both sides will be trying to choose a jury who will help their case; someone who was hit by drunk driver, for example, may not be the type of juror you want as a defendant.

Next you have the opening statements, witness testimony,  and cross examination. Here your lawyer will earn his or her money, making the case that you are innocent, questioning things like the validity of the breathalyzer tests or the arresting officer’s conduct. A witness or expert can often make or break a case. In cases where something occurred upon the arrest which was wrong, a witness can be brought. If the BAC (blood alcohol content) test was questionably administer by the arresting officer, an expert may cast doubt on the charges.

After your lawyer makes his or her final argument, a jury will go into deliberation and decide whether you are guilty or not guilty, as well as what penalties you should face.

This process can sound like reading a different language. Unfortunately, it’s not as easy as you see on TV, and unless your lawyer can prove your innocence clearly, most DUI charges lead to some penalties. That makes hiring the right lawyer very important.

A DUI arrest can occur in a variety of ways. Because a defense can often successfully show an arrest was improper, it’s good to know what the officer does before and after the arrest has been made. You will have your day in court for a defense. This blog guide can help you with the basics of what occurs and how a defense will be made. For further information, contact an experienced DUI lawyer.

What is an arrest?
An arrest is not so obvious as to be ignored when preparing for a defense. It occurs when you have been taken into police custody and you are no longer allowed to leave. In other words, the cuffs are on and you can’t go home just yet. You should never resist an arrest: this just hurts your case. Allow yourself to be arrested. You will be able to make a defense in court, especially if the officer acted wrong.

When They Can Arrest – The Crime
Here, the officer has seen you commit the crime. This is of course quite common in criminal law. For a DUI case, it might be the officer seeing you are drinking alcohol while driving. If they pull you over and see further evidence of drinking – cans on the floor and alcohol on your breath – the arrest is always made and is technically correct.

When They Can Arrest – Probable Cause
In this situation, the officer has reason to believe you’ve been drinking. It’s perhaps the most common occurrence, because if you’re driving erratically, the officer can pull you over. For example, an officer sees you crossing in and out of lanes, decides to pull you over, and upon a breathalyzer clearly sees you are driving under the influence.

When They Can Arrest – The Warrant
This does not occur as often as the other cases. When an arrest warrant is issued for you, that means a judge has signed a legal document allowing for your arrest, based usually on the testimony of an officer.

Your Right to a DUI Defense
You have the right to defend based on any of these circumstances. Just testing positive for alcohol or drugs does not mean an “open and shut” case where you’re punished. Yes, most DUI charges come with some penalties, but quite often an experienced lawyer can put holes in the prosecution’s case. For example, the arresting officer may have broken your constitutional rights in some way, perhaps pulling you over only because you were a minority, or never explaining your rights to you. There are many other examples beyond the officer making a mistake – such as how close the blood alcohol content level is to the limit – and a DUI lawyer can help.

Getting a driving under the influence (DUI) charge is unfortunately a common occurrence, just as alcohol or drug related driving deaths are quite common. It can be difficult to cope with the damages that come from getting a DUI. Some believe they can get out of it easily … others may feel they will ever be free of it … still more make mistakes when it comes to representation. This blog guide points out many myths that are clearly wrong. Let’s see if you believe any of them.

1-You Can Drink and Drive (Sometimes)
Some think it’s okay to drink some and drive, or to use some drugs, or to drive under age while drinking any amount. Accordingly, DUI arrests occur. Why? Some take alcohol better than others, and it’s nearly impossible to know if you are over the legal limit. If you use even some drugs, it can influence your ability to drive, and if they are illegal drugs, that’s breaking the law already. And remember: if you are under age, all states punish you for having any alcohol in your system, charging you for as little as a .01 level of alcohol.

Since you can never be sure what will happen on the breathalyzer, not to mention what will happen to your driving ability (leading to an accident), you should never drink or use drugs before driving. If you are at a party, at a bar, at your home, you should either get a sober driver, call a cab, or stay.

2-Drugs Don’t Matter
Even legal drugs can greatly influence your ability to drive. If you are taking a prescription drug, and it effects your driving ability, you should avoid driving at all costs. You should be warned beforehand by your doctor, or look up the side effects. If you are under the influence, you can be charged. And if you take an illegal drug, it won’t show up on your breathalyzer which tests for alcohol, but it can be found with a blood test. If you have drugs on you as well, you’re going to be charged.

3-You Have to Take Sobriety Tests
All states require you by law to take a breathalyzer test, and if you don’t, your license will immediately be suspended. However, state laws differ on further tests – sometimes you can refuse to take other sobriety tests such as walking in a straight line, counting backwards, or standing on one leg. In many cases, there are no laws on the books saying you must take these actions.

4-You Will Always be Found Guilty
You may think it’s over once the breathalyzer reads above .08% or the drugs are found on your person or in your system. Actually, if the test is very close to the limit, not being too high, you can argue it was wrong. You have many potential DUI defenses, even if you fail tests. The officer may have broken your rights, failed to properly use the breathalyzer, or made other mistakes. At the least, you can get a plea bargain for lesser charges.

5-Any Lawyer is Good
You have three options: represent yourself, have court appointed lawyer, or hire a lawyer. These are not  equal options. You need to hire a professional, local DUI lawyer who knows state laws, who has the time to handle your case, and who can handle the court process. If you represent yourself, you simply won’t know what to do unless you’re a DUI lawyer. If you ask for a court appointed lawyer, they have no real interest in your case, no time to truly help, and may make mistakes.

Should you get a judge or jury to hear your defense of drinking and driving charges? Unfortunately, most states are now making it next to next to impossible to have your DUI case heard in front of a jury of your peers. Why? What if you can get a jury trial? What’s the difference? And if you can’t, how do you prove your innocence to a judge who’s seen hundreds of DUI your innocence?

Why no jury?
DUI cases are now becoming less “a jury of your peers” and more a judge who hears DUI defenses all the time. This is because of a change in state laws and interpretations of federal law (not to mention the Constitution). Most DUI cases are now in front of a judge. According to federal law, you have a right to make your case in front of a jury. According to many state laws, DUI (or DWI and OWI) are considered less important than other criminal law cases. While it may seem odd that months in jail, several years probation, thousands in court fines, and more penalties are minor, but that’s the case.

Can you get a jury trial?
Some states will consider a jury trial, but most won’t. For example, New Jersey and Arizona have recently denied jury trials for DUI cases. If you can get one, it can quite often be beneficial to your case.

What’s the difference?
Judges are not necessarily given to preformed opinions on cases, but when it comes to certain laws, many are much stricter than juries. However, the laws can be far more complicated in front of a jury, even if you have some advantages. You have to make a jury request, deposit jury fees with the court, and in most cases select a jury. This can all be time consuming. Many believe the human factor differentiates a judge trial from a  jury trial. You may get more consideration from people who don’t see DUI cases all the time.

Is a judge better?
In DUI cases, having a judge is not necessarily a bad move. It saves you time, and with a DUI lawyer, it can save you money in work hours.  A judge trial can be less serious, more informal, and generally shorter than a jury trial.

How do you prove innocence?
Proving you were not drinking and driving does not always mean you prove not drinking at all. Judges have to consider the validity of the tests and the actions of the officer who pulled you over. If the BAC (blood alcohol content) level was very close to the limit, it can create some doubt in the judge. In jury cases, it can do the same. You can also question why the officer pulled you over, how the breathalyzer was given, if you were told of your rights, and more.

Defending a DUI in front a jury can be beneficial to your case. If a jury trial is an option, it should be a decision for you and a DUI lawyer.

Illinois considers driving under the influence to be over the legal drinking limit and driving. However, alcohol isn’t the only that can lead to an under the influence arrest; you can also be pulled over and charged with using drugs, legal or illegal, which impair your ability to drive.

In any event, most cases involve drinking in Illinois, but if you are considered impaired by any amount of an illegal substance or a medication, you can also be charged. In order to understand what Illinois DUI laws mean to you, you also need to know why driving while impaired is so dangerous.

Why It’s Dangerous
By drinking or using drugs you are endangering others on the road, not to mention yourself. Some think current DUI penalties nationwide are too strict, while still more feel danger presented by drunk drivers is cause for even stricter penalties. A recent study pointed out that you are over 40 percent more likely to be in an accident while driving impaired. It also makes sense that the more you drink or the more drugs you take, the higher this number gets. The state laws are a result of thousands of impaired driving related deaths, whether it’s being involved in an accident because you or a loved one ran a stop sign, or hitting a pedestrian. DUI is a leading cause of death in all 50 states, Illinois included.

Recent studies have illuminated statistics involving DUI. The average offender is mostly male, averaging about he age of 34 with most drivers being below 35, is arrested later in the day from 11 pm  to 4 am, and is quite often far above the legal driving limit, averaging a .16% level of intoxication. These numbers can be scary, especially that the majority of drivers are twice the legal limit. This is why the laws are the way they are.

The Illinois DUI Laws You Need to Know
The Illinois DUI laws are very similar to laws of other states. Some use the term DWI (driving while impaired) and others like Wisconsin consider it a OWI (operating while impaired). These are just different terms addressing the same problem: abusing drugs or alcohol and driving.

Even first time offenders get stiff penalties. It’s very common for multiple offenders to spend considerable time in prison. First time offenders face up to 1 year in jail, up to $2,500 in fines, a minimum license suspension of 1 year, and if a minor is in the car, these penalties are greater.

The further you go in this process the more likely you’ll get a felony. Multiple offenders, drivers who are far over the limit, those who endanger minors (children under 16), and those who hurt others can face felony charges, sometimes called an aggravated DUI. Most DUI charges come with a misdemeanor, but in some cases felony charges can come.

How do you fight the charges?
The problem with defending an Illinois DUI charge is very common – how can you prove you were not drinking or abusing drugs and driving? How can you prove the officer, the breathalyzer, and the blood tests are wrong? It will cost a lot of time and money just to fight the charges. That does not mean you avoid hiring an Illinois DUI lawyer to plead your case. If you have no representation, you are at the mercy of a judge who sees cases like yours every day. Professional counsel is a must.

We all know the way a typical drinking and driving arrest goes: someone drinks, drives, is pulled over, faces license suspension, fines, jail time, and probation. However, what’s often not considered is the dangers of under age drinking and driving. This blog posts guides you through the laws, dangers, and problems with under age drinking and driving.

Zero Tolerance Law
Most all states have some kind of under age drinking and driving law in the books; many states call it the “zero tolerance” law. This means you can be charged with a DUI if you are drinking any amount and driving. Anyone under 21 cannot drink according to state laws. For example, if a college student of 18 years of age drinks one beer, drives, and is pulled over, he or she will be charged with a DUI. This means that no alcohol level is allowed. Most states use either .01% or .02% as the legal limit for under age drivers, which pretty much makes it so any drinking that occurs is illegal. Consider that the blood alcohol content limit for drivers in all 50 states is .08%. Why is it so much stricter for under age drinking? Everyone does it, right?

Dangers of Drinking and Driving
Put someone who’s been drinking behind the wheel of a car and you greatly increase the chances of an accident. Put someone under the legal drinking age behind a wheel after some drinking and you have even more chance of an accident and potentially a death. Studies have pointed out most drinking and driving arrests are individuals under 34 years of age, and that under age drivers are very commonly involved in accidents. Different states have different statistics, but drinking and driving is quite simply a leading cause of death.

Problem of Under Age Drinking and Driving
Unfortunately, there is no clear answer to under age drinking and driving. It’s been a major problem since younger adults started driving. The problem is that, though some drinking is very common, especially for those under 21, there are too many deaths involved to be ignored.

How to Defend a DUI
Defending an under age drinking and driving charge can be very problematic, but with the help of a DUI lawyer you can save valuable time and money, and also avoid stiff penalties. The problem is that in many states you will also be charged with a minor in possession or under the influence; since it’s illegal to be drinking under 21 at all, the penalties are designed to curb this. With the help of an experienced DUI lawyer, you can at the least lessen the penalties. This is never a happy time, but do not go through a criminal law hearing without proper representation.