DUI Blog

Plea bargains are rare in DUI cases, but remember that successful DUI defenses themselves can be difficult. For one, if the officer, the breathalyzer, and the blood test say you were over the legal limit, you will likely have trouble defending the charges. There are many defenses for DUI, however, and this is not to say you have no chance. In fact, DUI defenses can limit charges based on the actions of the officer, the validity of the tests, and the exact circumstances of the arrest.

As our first point, if an officer pulls you over for no reason, you have rights. You can’t just be pulled over for no reason; well, legally you can’t. If an officer profiled you because of the make of your car, your skin color, your sex, or any other reason, and makes no clear case for why he or she pulled you over, you often have a strong DUI case. Officer profiling is an unfortunate fact of life, but it does not make it right. This defense can be difficult to prove without a good lawyer.

Or the officer could have made other mistakes. He or she might have caught you sitting in a car but not driving. This actually does happen, where you weren’t driving and sometimes had no intention of driving. In this case, a defense can be made that you were not driving at all, therefore breaking no laws.

An officer can also fail to use the breathalyzer correctly. It’s common for drivers to believe the breathalyzer is 100% accurate. It’s not. It depends on how the officer uses it. If you fail the blood test, that is much more damning in court, as it’s the most accurate test for alcohol.

The last mistake an officer may make we’ll go over is the Miranda. By law, upon arrest you need to be told your rights – you have the right to remain silent, to an attorney, etc. – and if not, the officer has made a big mistake. This too doesn’t happen to often, but sometimes the arresting officer can forget and this leads to a strong defense.

Defenses are based on many other points beyond how the officer acted. The main goals of a DUI defense are to cast doubt on the officer, on the evidence against you (like the BAC tests), and to prove you were no danger to other drivers.

While rare, plea bargains can be struck in cases where the defense has proven a key point. If the officer’s arrest can be doubted, it can lead to a successful innocence plea. Where there is more evidence, and it’s clear you were drinking or using drugs, plea bargains can be made to save time. While it may sound odd, in criminal law courts plea bargains are quite common, mainly because of the backlog in the system and full prisons. This does not happen too often in DUI, as you rarely spend major prison time and DUI arrests are quite often punished.

The basis of a plea bargain depends on the nature of the crime, the strength of evidence in the case, and the chances you’ll get a guilty charge in the final sentence.

Who can help with this? You will have no DUI defense without a DUI lawyer. A DUI lawyer is your best means of getting charges dropped or a plea bargain. Of course, charges dropped is much better, but usually you will get some penalties. The main goal of a DUI defense is to limit charges, by showing evidence and influencing the opinion of judge or jury.

Just remember, without a proper lawyer in any criminal law case, your chances of charges being dropped or getting a plea bargain are much less.

Defending DUI charges can be effective in cases where the officer acted incorrectly, if you were not driving, and especially if the validity of the DUI tests (such as the breathalyzer) can be questioned. The problem is that many believe once they are charged, they are going to be found guilty in a court of law. You have a right to defend yourself in a court of law, with the help of an attorney, as said in the Miranda warning given to you upon arrest.

Why Defense?
Why not just take the charges and be done? Well, it can be easy to say you are guilty, that you deserve punishment. However, you still have rights, and you still have a chance in defense. At the least, the prosecution can offer you a plea bargain. You just don’t know what will happen until you DUI lawyer prepares a defense.

The Officer Arrest
You can challenge your arrest. Say you are an African American woman, you’re pulled over for no clear reason, given a breathalyzer, and arrested. You may have been profiled; it does not always happen that way, but it can. If an officer pulls you over for no clear reason, even if you are not a minority, and you are arrested, you can challenge the arrest. The strategy here would be to say the officer should have never pulled over and arrested you in the first place, throwing out any evidence after. This does happen.

Another point to consider is your Miranda warning, where you’re supposed to be told of your rights to an attorney and beyond. If this is not given, it is a breach of your rights and can be made into an effective defense, even if you were over the limit.

By law, an officer has to be able to prove why he pulled you over, that he or she followed protocol in investigating you, and upon arrest you were told of your rights. If not, you can fight this in a court of law.

The Test Validity
The breathalyzer is not a perfect device, just like no officer is perfect. Actually, the breathalyzer can  be used incorrectly by the officer who pulled you over. They have to  be capable of using it. The most damning test is the blood test, the most accurate. But if you are very close to the legal limit, this can put a question on the prosecution’s case.

Plea Bargains
Speaking of the prosecution, it’s important to remember you may be found guilty. Unfortunately, you may be over the limit for alcohol, used prescription drugs which effected your ability to drive, used illegal drugs, or were a minor in possession. However, this case is not over. Quite often the prosecution will offer a plea bargain. In order to lessen charges, you need a professional DUI lawyer.

Getting Help From a Lawyer
You have the option of defending yourself, having a court appointed lawyer, or hiring a professional lawyer. You need to hire your own DUI lawyer 99% of the time. A lawyer should be fair on prices, experienced in court with DUI cases, and be able to spend enough time helping your case.

What kind of penalties can you expect for failing a breathalyzer? What if you refuse to take the breathalyzer? Clearly, getting a driving under the influence charge can be problematic to say the least. You should always consult with and hire a local and experienced DUI lawyer to help in your case. You have no other good options, as representing yourself is a big mistake. This blog guide can help, but if you’re currently dealing with a DUI charge, you need a lawyer.

What can you get pulled over for?
You likely are pulled over for driving oddly, or you get into an accident, or make a mistake such as speeding or running a stop sign. Once the officer pulls you over, he or she will as some questions, such as if you’ve been drinking or using drugs. If the officer feels it’s clear you are under the influence, he or she may not even give you a breathalyzer, instead arresting you (which can occur if you are clearly drunk). In cases of an accident, if you hurt someone you may face felony charges.

What charges can you expect if you fail a breathalyzer?
If you fail a breathalyzer test, you will be arrested. What’s the same for all states is the blood alcohol limit, which is .08%. What’s different is how you will be charged. One state may suspend your license for longer than a year for a first time offense, while another may suspend it for less. Jail time can be different. Fines can vary. Probation is also different. This is where a local professional DUI lawyer can help. You may not know the charges you face. If this is your first time offense, most states are relatively lenient, as the charges will be much less. Also, states all have laws for further penalties if you’ve received multiple DUI charges.

What if you refuse a breathalyzer?
This too can vary from state to state, as the laws are different. Some states will automatically suspend your license for six months if you refuse a breathalyzer, while lessening the penalty if you take it and fail. So, in some states it’s actually smarter to take the breathalyzer, especially if this is your first offense.

What other tests can you expect?
You are often asked for field sobriety tests: walking backwards, standing on one leg, saying the alphabet backwards, and so on. If you fail these, it can give the officer reason to test with the breathalyzer. In some cases, however, you can refuse to take the field tests at no further charges to you.

Who can help?
You definitely need an experienced DUI lawyer, even if this is your first offense. Quite often you can strike a plea bargain deal for lesser charges.  Unfortunately, most DUI charges stick, and you’ll get some penalties. But “most” does not mean all; your right is to have a fair trial to plead your case, and you may just prove your innocence.

As stated in the Sixth Amendment of the Constitution, you have a right to counsel in all criminal prosecution. For those charged with a DUI, these words bear even more weight.

You definitely need a good defense, even if you are guilty of the charges to some degree, and in order to get a strong defense you need an experienced DUI lawyer. This is not an option, really, because unless you’re a DUI lawyer yourself, you need to hire one.

You have three options: represent yourself, have a court appointed lawyer take your case, or hire a lawyer. The DUI Blog has pointed out previously how these options are far from equal; you need to hire a lawyer 99% of the time rather than representing yourself or having a court appointed lawyer.

Why? You will not know where to begin when it comes to defense, and your appointed lawyer won’t have the time or desire to truly help you.

This is not to say all DUI lawyers are good counsel. But it’s your right to hire one capable of winning your case (even if winning means lessening charges).

How does a lawyer help?
In any DUI case, your lawyer will have a big role. This is not going to court to file bankruptcy; this is a misdemeanor if not a felony offense. Even misdemeanor charges can lead to jail time, and always lead to license suspensions, fines, probation, and other penalties. Felony charges, on the other hand, are even more serious: you could spend months or more in prison, face even higher fines, and lose your license for years. A lawyer helps first by arguing your case so these penalties can be lowered. It’s your right to hire one, and it’s your lawyer’s ability which can quite often decide how your case goes.

A lawyer can advise you on your rights, make sure your constitutional rights have not been violated, strike a plea bargain with the prosecution to lessen charges, and in the court room bring witnesses and other evidence before judge or jury.

What if you take the court appointed lawyer or hire the wrong one?
Criminal defense is a science. Again, hiring a lawyer is your best option. If you fail in this regard, and the lawyer fails to truly win the case in the best manner, even if he or she makes mistakes the conviction will almost always stand. You can’t just say you hired the wrong lawyer and start over. Unless clear incompetence is shown, the case will stand.

How do you hire a lawyer for DUI defense?
If you are fluent online, most reputable lawyers have web sites listing their experience and offering free consultations. You can also look in the phone book. Referrals can sometimes help, but be cautious as no two cases are alike. The best way to do this is not make it a race to get the first one; take your time hiring a lawyer for your defense, consulting with as many as you can in the time table you have. And never hire a lawyer days or weeks before trial; they need time to look over your case.

Quite often, a DUI case comes down to how an officer acts and how you refute his or her testimony. The officer could have, or say they did, pulled you over for running a red light or driving incorrectly. You are then given a breathalyzer. In this instance, you may think the game is over. However, you have rights and you will have your day in court. The example given will be the focus of this blog guide on using officer statements, actions, and testimony to defend a DUI.

Why They Pulled You Over
In the example given, you may have run a red light; in this instance, there is a clear reason to pull you over if in fact this is true. If you were driving incorrectly, that’s a different interpretation. You may have been driving fine, and in fact there was no reason to pull you over. The officer can pull you over for a variety of other reasons, but they legally have to relate to your driving. If you were driving correctly, and the officer pulled you over because you were a minority, were a young driver, were a woman, even if you were a white male and the officer took a chance, these are illegal. The problem is this can be very difficult to prove in court. It’s not always ethnic background or sex, but it’s been reported, unfortunately, that sometimes officers pull you over simply based on how you look.

How Did You Act?
If you acted in a way that seemed odd, the officer can use this as evidence of giving you a breathalyzer. In our example, you may have been legally pulled over for running a red light; the officer then briefly questioned you and thought you acted odd. In this case, your defense can be based on what you believe happened. Maybe you were just nervous or mad about being pulled over. Perhaps you have a medical condition. There are many explanations for acting oddly beyond drinking and driving. Your defense can refute why the officer pulled you over, why they tested you for alcohol, and why they arrested you.

The Sobriety Test
Technically, sobriety tests beyond a breathalyzer or blood test can be wrong. Breathalyzer tests can also be used incorrectly. And you do you not to take certain sobriety tests, such as walking in a straight line, as no states have laws on the books saying you have to. You are required to take the breathalyzer, but even if you do and fail, it does not mean defense is impossible. The best proof of a DUI is the blood test, where human error is negligible.

What Can You Do?
If you feel you were pulled over for no legal reason, if the officer acted in error, if the sobriety test was wrong, if the breathalyzer was incorrect, and if you believe your innocence you need an experienced DUI lawyer. This is too complex of a case to handle alone.

The important thing is you can win. While most DUI cases where both officer testimony, the breathalyzer, and the blood test show clear intoxication do end up in a guilty verdict, there is a lot of room for error. You can refute the testimony of the officer with witnesses. You can prove you were not drinking at all. You can report how you acted oddly in the sobriety test because of a physical impairment. There are more defenses than you might think. If you’re innocent and you know it, you have a right to hire a lawyer. On the other hand, if you’re guilty and you know it, it’s too difficult to win if the proof is irrefutable, but you still should hire a lawyer in order to lessen charges.

When you’re pulled over after drinking, rarely are the fines forthcoming the first thing on your mind. No, you’re likely scared of going to jail, of losing your license permanently, of being forced to jump through hoops in order to get your life back on track. True, the fees may seem secondary, but they become important in any DUI charge, especially in California. The costs of a California DUI go far beyond simply paying fines, even if those are high. No, in order to get accurate representation, you need to pay for a California DUI lawyer.

This blog post covers the major fees you will be paying, how you should treat the charges, and how to hire an affordable California DUI lawyer.

Other Penalties
Beyond fines, for your first DUI you’ll face a license suspension means a mandatory six month license suspension, mandatory jail time of 48 hours for a first offense, and  hours in a DUI School. You have to understand that by drinking and driving, or abusing drugs and driving, you endanger others. It may seem to be far from it when you’re driving down an empty road at night, but drinking and driving is a leading cause of death in California.

If you have multiple DUI violations, you can expect stiffer penalties, such as your license being suspended for several years, weeks to months spent in jail, and be put on probation for an extended period. It’s worse if you get a felony.

Fines and Fees for a California DUI
You can expect to pay $1,400 to $1,800 for a first time offense, and that’s before you even consider lawyer fees. A second offense means $1,800 to $2,800 in fines and court fees. A third offense is technically the same. If you get a fourth offense, you likely will face felony charges and money will be the least of your problems. However, with the right help, by hiring the right lawyer, by never drinking and driving again, these problems can be overcome.

How do you hire a lawyer?
There are literally thousands of California lawyers who can help defend a DUI charge. However, not all are equally experienced for your case, nor are the price ranges always the same. You can expect to pay much more for your lawyer to represent you than the fines. It can be $10,000 to $20,000 to defend your rights in court. Some do charge less, some are negotiable, some will even work with you on a payment plan. Going to trial, especially for felony charges, without legal representation could cost you time in prison. You just have to value how much staying out of prison, being able to get your license back, and avoiding major court fees can help.

While state laws differ, driving under the influence of drugs can not only lead to similar charges as an alcohol related DUI, but in some cases it can lead to even harsher penalties. This post highlights how to handle a drug related DUI charge.

What drugs are we talking about?
Actually, you can be charged with a DUI for over the counter drugs, not just illegal drugs. For example, if you took some over the counter medicine which made you tired, it could impair your driving. The officer could pull you over, could see you’re driving under the influence, and charge you. This occurs in all states. If you’re taking an illegal drug, and you are caught, it may lead to charges beyond a DUI. If you are caught with the drugs, for example, you could be charged with possession. Also, if you hurt someone while abusing drugs and driving, you could face felony charges (if you’re in an accident).

Why legal drugs?
Even if your drug is prescribed by a physician, you must take care not to put others in danger. The laws are in place to protect all drivers and pedestrians: you, the other drivers on the road, and people on the streets. If you are prescribed a medicine, take it at the dosage allowed, and drive, there is still a chance you can get a DUI charge. It’s important to speak with your doctor about what you can do. After all, some medicines can make your drowsy or otherwise impair your ability to drive. In these cases, you should not driver when experiencing the effects.

What do officers look for?
How an officer pulls you over for taking drugs, legal or illegal, is typically no different than if you’ve been drinking. If your driving is clearly impaired, the officer can tell. He or she will look to see if you are driving oddly, passing in and out of lanes, speeding, running red lights and stop signs – anything to pull you over in the first place, but not always breaking actual laws while driving.

What are the penalties?
The penalties can sometimes be more severe, especially if you’ve been taking illegal drugs and are caught with them. In other cases, you are charged with a customary DUI, with penalties depending on your actual history. If you’ve been pulled over multiple times for abusing drugs and driving, for example, you would get harsher penalties. For a first time DUI, a judge will suspend your license for a year, fine you for as much as $1,000, and also punish you with jail time. If you get multiple DUI charges, or if you hurt someone or endangered a minor, the charges are more strict.

What if you feel the charges are wrong?
Even if you feel the charges of a drug DUI charge are correct, you need an experienced lawyer to handle your case. Go local, go with experience, and consider different prices. An experienced DUI lawyer can defend you, sometimes defeating the charges, other times lessening the penalties.

If you made a mistake by drinking and driving, you need a lawyer more than ever. Why? You need someone capable of defending you, especially if you feel the charges are wrong. If you want to plead guilty, thinking this will be easier, you still need a New York DWI lawyer. You can plead for lesser charges, find out the officer made mistakes, and much more.

Now let’s go into detail on these advantages.

For the Price, Hiring a Lawyer Is Worth It
Yes, a New York DWI lawyer will cost you some money. Lawyers have never been free, but they’re valuable for many reasons. Consider how much you’d be willing to keep your license or lessen the suspension, think how much you’d be willing to pay to stay out of jail, and then create a price. You’d likely, as we all would, do plenty to stay out of jail.

A typical fee for a DWI lawyer can be from $10,000 to $20,000. For a felony charge – if you’ve received more than one DWI charge or hurt someone – you might pay $25,000 or more. It depends on the time involved. That may seem like a lot, but sometimes you have to pay for experience.

Experience in DWI Court
You clearly want someone capable in court. You could hire the friend of a friend, the lawyer who offers to do it cheap, but in most of these cases, you’re losing out on experience. The big advantage here is in knowing laws, bargaining, and knowing what to argue.

Experience in Winning Cases
We all want to win the case that takes us to trial, but the difference with an experienced DWI lawyer is that they know how to win them. That’s priceless. You can ask your prospective lawyer his success rates. Of course, there is only so much you can disprove in a DWI case, and it’s not always about winning. Sometimes you want to lessen penalties.

Time Involved
The time involved is what makes the price higher for a DWI case. If your lawyer has time available to focus on your case, and the one you hire should, then that makes him or her an asset to you. They can know the laws, but more time means more chances they’ll find some mistakes. For example, the breathalyzer test may have been used incorrectly, ruining the prosecution’s case.

Lessening Penalties
If your DWI lawyer can actually prove mistakes were made, you don’t always win entirely. However, you may be able to prove doubt in the eyes of judge or jury, and they might lessen the suspension, fine, and jail time.

There are many more things an experienced DWI lawyer brings to the table. One might not be cheap, but he or she can earn your respect by winning.

What should drivers do in the driving under the influence (DUI) arrest? Do you have to take breathalyzer or other sobriety tests? Who should you hire for Florida DUI defense?

Drinking and driving is punished across all 50 states. It’s a problem. Recent studies have pointed out that nationwide drinking and driving is a leading killer. Because of that, DUI penalties are very severe. You typically get your license suspended, pay fines, and face a jail sentence. If you get multiple charges for drinking and driving, whether you think you’re innocent or not you will face severe penalties.

So what happens if you do get pulled over? It would be incorrect to say both you can drink some and drive or you’ll always be over the limit when drinking and driving. The state blood alcoholic content (BAC) level for Florida is .08%, the same as all 50 states. Just because you drink does not mean you are over the limit. But as there is no safe way to know, it’s very wise never to mix alcohol and driving.

Now let’s go over some tips on how to handle the defense if you do get pulled over.

The Breathalyzer Test
Florida law allows you to refuse the breathalyzer test given to check BAC, but if you do refuse it you face very stiff penalties, sometimes worse than the DUI charge itself. In other words, you can refuse, but you will still be prosecuted. There are some things you don’t have to do, but most experienced Florida DUI lawyers will tell you to take the breath test.

Answering Questions
Some start explaining how the day went bad, some freely admit to the number of drinks they had, others start crying, and others simply explain too much. It’s wise to keep the details to yourself and let the officer ask his or her questions, but to refuse  to say anything which might be used against you later in a court of law. If you’re unsure, don’t answer any questions pertaining to drinking.

No Need to Take Sobriety Tests
This may be surprising, but Florida DUI law states it pretty clearly: there is no law in the books which says you need to stand on one leg for 30 seconds, count backwards, or say the alphabet in reverse. In fact, all these sobriety tests are optional. You can refuse them and will be breaking no law. Make sure you differentiate between the breathalyzer and the sobriety test: the breathalyzer you have to take or face charges, the sobriety test you don’t.

How to Handle Officers
As stated earlier, getting violent or starting to cry will never work in your favor. You should definitely never get physical with the officer. You also don’t beg the officer to let you go, or explain how it will ruin your life. Be polite, be clear on what you will and won’t say, and don’t do anything you feel you don’t have to.

How to Hire a Florida DUI Attorney
These tips so far have focused on how to help yourself in the court room before you even reach it. Why? The laws pertain to what you did, what you said, what you drank, and how you acted. Defending DUI includes all these things. The final tip would be to get the right counsel from an experienced Florida DUI attorney. If you follow the other 4 tips, he or she can fight can defend you with confidence.

Sometimes bad situations can turn into learning experiences. When it comes to drinking and driving, no matter the charges, you may feel somewhat unsure of what happens after. What do you do with no drivers license, court fines, and having served or going to serve jail time?

It all depends on where you’re at. The problem is first time offenders are very common, but these same people getting pulled over again is all too common too. Whatever your problem, you can face stiff penalties. What happens after them?

After a First Time Offense
After your first DUI charge, you have some options. This may be the biggest learning experience for drivers, because you can effectively nip the problem in the bud and never get behind the wheel again. You still will have penalties: license suspension of 6 months or more, fines, and potentially jail time. For Michigan DUI offenses, the charges are as serious as other states. However, in Michigan, even your first DUI will stay on your record for life. It  can never be cleared.

After Multiple Offenses
You may be spending some time in jail, and it’s unlikely you’ll be driving anytime soon, at least legally.  The important thing is to avoid driving at all, because if you’re pulled over you will be arrested on the spot by a Detroit police officer. It’s a major problem which is why the punishment is so great. And it will extend your suspend license as well as other penalties.

After Penalties
After your penalties, life isn’t over. You can rebuild your life, but first you have to salvage what you can. This DUI will stay on your record, your license will be suspended, fines are common, and jail time from a few days to a few months may also occur. You just might have to serve time; there is nothing good in that. However, you can learn you lesson, fight if you believe you were treated wrongly, and start rebuilding once you get through all the penalties.

After Jail
Jail can be one of the biggest learning experiences, oddly enough. Michigan does put drinking and driving offenders in jail. If you hit another car or pedestrian and someone  was hurt, it’s very likely you’ll be spending time in jail or prison.

When  You Get a License Suspension
Driving is the worst thing you can do after a DUI offense. Do whatever you can to live without your car. This may mean biking to work, or having your spouse drive you.

When will it be over?
A Michigan DUI will never be expunged from your record, but you need not worry anymore if you’ve learned the lesson. Why are these penalties so strict? Drinking and driving fatalities are unfortunately very common, in Detroit and all of Michigan. The problem is so great that the penalties have to be enforced. Remember, just drinking greatly increases your chances of getting into an accident.

Rebuilding after a Detroit DUI is very possible. It’s not easy either, but you can expect life to get better once you get through it.