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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According to a education site DegreeFinders.com, a DUI lawyer is must have at a minimum a bachelors degree and a law degree. Also, the law school attended must be approved by the ABA (American Bar Association), and the lawyer must pass a Law School Admission Test before being accepted. While education is quite important, experience may be even more effective, because, especially in DUI cases, understanding court processes and how laws are interpreted is integral.

What happens in school?
A good law school prepares a lawyer, especially a DUI lawyer, for future cases. Your prospective lawyer may have passed law school, but that does not mean they’re effective. In law school, there is some intense instruction. A lawyer is also expected to pass an internship. You can’t downplay the difficulty of getting into school and succeeding. Just passing the troublesome “bar” test is proof of knowledge. This is a test required by all states for DUI lawyers be licensed and eligible to practice law.

School does not end after passing the bar. First, a DUI lawyer will receive continued education to keep his or her license, and will have to stay fluent on the changes in DUI law over time.

How does a DUI lawyer get experience?
Few lawyers start out with world changing cases. But a DUI lawyer gets experience by seeing how the laws work in and out of the court room. Being able to negotiate with the prosecution and judges, to question juries, to explain complex laws in human terms – these are all valuable. But really, experience is about simply understanding the law, going to court, and defending a client.

What do you look for in your DUI lawyer?
You don’t necessarily go by their school record; experience is more important. Simply because a lawyer is in a huge law firm does not mean he or she is incredibly talented or experienced. Nor does it mean he or she has less experience or talent when in a small firm. You look for experience in handling complex cases, being able to explain your rights clearly to you, while also being in your price range.

Does experience mean higher price?
It merits a higher fees, but seeing as how the average DUI lawyer makes $50,000 to $60,000 a year handling dozens of cases, you rarely have to spend a fortune. Experience is more important than price; a valuable lawyer can mean the difference between going to jail or not.

Finding A Professional DUI Lawyer
Where do you look for a professional DUI lawyer? It’s important to understand lawyers are all not equally talented, experienced, and educated. You may be able to find one for a rock bottom price, but, as the cliché says, you get what you pay for. In the days of the world wide web, looking over web sites and blogs like this one can help your decision. If a lawyer gives a lot of valuable advice for you on his site, that is a good lead for you to follow up with.

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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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Getting pulled over after abusing substances creates some major problems. It’s easy to say “don’t ever do it,” but we all make mistakes. The decisions you make after a DUI charge mean the difference between losing your license for years, going to jail, and spending thousands in fines. There are some very common hurdles you’ll face right out of the gate. This guide helps you understand them.

Getting The Right Lawyer
The first decision is not whether to plead guilty or not guilty; the first decision is the lawyer you hire. This is not a time to rush a decision. Be patient, wait for the right lawyer, look for relevant experience, make sure the lawyer is available, and also make sure you can afford his or her rates. While some choose to hire the cheapest lawyer, others reap the rewards of going with experience.

What Penalties?
The most common legal hurdle is understanding what penalties you face. But remember, you’re innocent until proven guilty in a court of law. That means you have a right to defend these charges. While it may seem right to plead guilty if you know the charges are accurate, defending yourself is important to avoiding maximum penalties.

Understanding Defense
Your lawyer must be experienced in DUI defense. This is an immense burden off your shoulders. First, instead of defending yourself you’re hiring a professional with more experience in DUI law. Also, forgoing court appointed representation and hiring an experienced lawyer with your interests in mind is also important to the defense. The guidelines of the defense are still important to know. Even if you think you’re guilty of all counts, you should choose representation. It can save you money, jail time, and still give you the option of driving in the near future.

Multiple Offenses
Another common legal hurdle is receiving multiple offenses for DUI charges. For example, say you are pulled over not once, not twice, but three times for DUI offenses. This can then be termed an aggravated DUI – as some states call it – where you may face felony penalties. The more DUI charges you get, the more important proper legal representation is. In multiple offenses, you are in very dangerous territory, and can be put behind bars for extended periods.

Felonies
You can be charged with a felony for many reasons beyond multiple offenses. You may have caused an accident which resulted in an injury. You may have put a minor in danger. You may be so over the legal drinking limit that you are charged more severely.

These are legal hurdles with solutions. If you have been charged with a DUI, it’s time to consider solutions. The best solution is an experienced, local, and effective DUI lawyer.

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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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A DUI judge is the decision maker. DUI judges are each different, but there are some common elements in how they decisions. Your DUI defense should consider how the judge makes choices and looks at evidence. Since today most DUI trials are via judges, this blog guide can help you understand how the DUI trial time table works and how your lawyer best prepares a defense.

What They Do
The DUI judge quite often has a busy schedule. First, they often handle a high number of cases every week. If you look on their side of the court room for a while, then you may get a better perspective. Say you have a judge who has listened to 3 defendants in one day explain to them how the breathalyzer was wrong, that they had not been drinking over the limit, and that they were perfectly fine while driving. Then the evidence against them cuts holes in the defense.

How would you fair if you plead not guilty to the charges? That’s the problem with many DUI defenses: they do not consider the common pleas made by defendants. We are talking about people, not just figures, and judges have memories.

Decisions Judges Make
Your judge will almost always try to be as impartial as possible. Just because they hear common defenses does not mean they will look down on your plea. You are innocent until proven guilty. A judge will have to decide the strength of your defense. He or she will be making some decisions – life changing ones for you – on how to punish you, if punishment is needed. This includes jail time, license suspension, fines, probation, and more.

Making a Strong DUI Defense
Your lawyer is an invaluable part of this process, if not only because he or she can be on the same page as the judge. A good lawyer will understand the key problem with a not-guilty plea after a DUI – that the judge has heard all the stories before. However, some of these stories have basis in truth. For example, the breathalyzer is not a 100% accurate device. First off, there is no difference if you are a man or woman, and your size. These can vary the results greatly.

Usually you want to plead not guilty to the charges, unless the weight of evidence is too great. You can call into questions evidence such as the breathalyzer and how the officer acted.

Your Lawyer
Should you always hire a lawyer? If you want to stand a chance in front of a DUI judge, you should. If you prepare a defense yourself without any knowledge of the court process, it can cost you. Your lawyer’s job is to present evidence in front of the judge and to counter the evidence given by the prosecution. The problem is most DUI charges stick, mainly because many are guilty on some account. In order to win, you need a professional who knows the court process.

The Truth
There are points where pleading guilty might be best. Simply pleading guilty does not guarantee jail time. However, you should never make this choice without a lawyer. If you are obviously guilty – such as if you hit a car while driving drunk – pleading guilty does not always mean the maximum penalties. Again, this is not a choice to make alone.

DUI law is complex. While it’s smart to consider the role of the judge in a case, usually your lawyer will run things. Letting him or her defend you before the judge is the best choice.

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This guide will go over perhaps the biggest concern you have after being pulled over for a DUI: going to jail.

Who can help you understand this process? The first step is to hire the right DUI lawyer. The next vital step is to prepare a strong defense. Jail time does not come with every DUI charge. Let’s find out how you can at the least avoid going to jail and at the most eliminate all charges against you.

Avoiding Jail Time – When Pulled Over
When you’re pulled over, you may think your times behind the wheel are over. You might have not even drank alcohol to an extreme but still think you will get a DUI. Yes, even a little alcohol can affect your ability to drive. But it does not mean you deserve DUI charges and especially jail time. The legal limit is .08% in all 50 states. You will be asked to take a breathalyzer to test for your BAC (blood alcohol content) and then asked some questions. You might even be asked to take a sobriety test.

First, the breathalyzer is not a perfect system. It’s subject to human error. Yes, most of the time the reading is true with an experienced officer, but the most damning evidence is not breath tests but blood tests. Second, you should take the breathalyzer in any case, even if you have been drinking. If you refuse it, most states will immediately punish you by suspending your license. If you were below the limit and refuse, you just lost your license for nothing. And the officer might still have cause to arrest you.

The DUI Lawyer
Your DUI lawyer can explain much of this process to you. It’s his or her job to prove you were not intoxicated while driving. If the breathalyzer reads at .08% or close to it, there can be some doubt on the validity of the test. Your DUI lawyer can take facts like this and more in order to prevent jail time.

Costs of Abusing Alcohol and Drugs and Driving
DUI offenders are punished far worse for multiple offenses. If you have a history, it’s not going to look good for a defense. But you are innocent until proven guilty no matter how many or how few DUI charges you have. If you are charged, that means you face jail time, fines, license suspension, and further penalties. The costs are quite high, making a strong defense quite important.

Lessening Charges
Even if you are found guilty of drinking or abusing drugs and driving it does not mean you’ll go to jail. The three kinds of criminal laws – infractions, misdemeanors, and felonies – all have a place on the road. Infractions are minor and not used in DUI cases. Misdemeanors are very common for first time offenses, while also sometimes for multiple offenses. Felonies are on the extreme end, with some extended jail time involved; usually you are a multiple offender or you hurt someone.

Because these charges can be so extreme, sometimes your best defense is not winning outright but lessening the charges. In order to do that, you need a good lawyer, evidence contrary to the police report, and a fair judge.

Defining Your Defense
Getting jail time is of course the last thing you want, but it happens. Drinking and driving is too costly not to have harsh penalties. This does not mean you should just plead guilty and forgo the process. If you really want to avoid jail time, it’s time to hire an experienced DUI lawyer and prepare a defense.

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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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DUI defenses are based on lawyer knowledge, experience, and intuition. A good lawyer has a whole deck of cards to play in order to protect his or her client. Some of them are not quite secrets.

Here are some things you may be unaware of when being charged with driving under the influence.

Breathalyzers Are Not 100% Accurate
While officers may not like to believe it, breath tests are subject to human error. If the only evidence of your DUI charge is a breathalyzer test, you have a strong case. Of course, there is officer testimony, and more importantly blood tests. Blood tests are the most accurate of all blood alcohol content tests. But, a  breath test can be questioned in court.

You Do Not Always Have to Take Field Sobriety Tests
Another thing officers may not want you to know is that most states have no laws saying you must take field sobriety tests. You do have to take breathalyzer tests at the risk of immediate license suspension in almost all states, but the tests where you walk in a straight line, count backwards, etc, are not mandatory. You can say no. If you are unsure, ask the officer if declining the field sobriety tests will lead to more charges.

Juries Are Rare
While having a jury of your peers is allowed by federal laws, state laws have circumvented this, making juries in DUI trials very rare. You might be able to get a jury, but most states make you face a judge instead.

Infractions, Misdemeanors, Felonies
Many do not fully understand the legal system, and no wonder – it’s complicated. For the record, infractions are the most minor of charges such as speeding, while misdemeanors are the next level up, and can be used for DUI cases. If you get felony charges for a DUI, that means you’re being charged with a very serious offense. You might be very far over the legal limit, have been charged with drinking and driving before, or hit someone while driving.

Death
If you hit someone while driving and hurt them, felony charges are common. If they die, you can face even tougher penalties. This is not a fun subject to address, but drinking and driving leads to thousands of deaths every year. The legal term is vehicular homicide. If you drink to excess, drive, get into an accident, and someone dies, you can expect stiff charges and a lot of jail time.

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