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6 Things You May Not Know About DUI Defense

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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5 Myths of DUI Law

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.



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