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.

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.

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.

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.

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.

Many articles on the subject of alcohol addiction and drinking and  driving do relate the two to each other. Obviously, if you are addicted to alcohol, there is a high probability that you will sooner or later get pulled over and charged with a DUI. Also, drinking alcohol and driving, no matter your tolerance for alcohol, greatly increases the chances you’ll be in an accident. Recent studies have showed how alcohol and driving mix to create dangers for other drivers on the road and yourself.

What is alcohol addiction?
Alcohol addiction is a dependence on drinking. You are addicted to the rush, come-down, or other mind and body change given to you by alcohol. Think of it  this way: not all drug users are drug addicts, but those who must have drugs to just get through the day are clearly dependent. If you cannot go to work without drinking, spend one day without drinking, you may have a problem.

What is alcohol abuse?
Alcohol used in extreme just on occasion is abuse. It’s different than being  addicted, as you do not have a dependency on the alcohol. It makes no difference when you’re pulled over whether you are addicted to alcohol or just had a few too many drinks. No matter what happens, if you drink too much you are a danger on the road and can be  prosecuted.

When can you drink and drive?
There really is no safe way to drink and then drive. It would be nice to say a certain amount, but alcohol is taken into the bloodstream differently from person to person. Just drinking increases your chances of getting into an accident. That makes it wise to simply avoid ever driving after drinking.

What happens to first time offenders?
First time drinking and driving offenders are still penalized, but less so. Even if you’re under age, you can be charged (actually, any alcohol drinking under age is illegal, so you can’t drink one drop). First time offenders can typically end up with a suspended license, fine, and potentially jail time. However, just because you get less penalties does not mean you should risk it. You can get into an accident, and be charged with an aggravated DUI. An aggravated DUI is a stiffer penalty: take the license suspension times, amount  for fine, and jail time for a first time offense and double or triple it.

What happens if you hurt someone?
If you hurt someone while drinking and driving, no matter whether you are an alcoholic or a first time offender, you can be charged with a felony.

What kind of help can you get?
There  are many programs for helping problem drinkers. It may make you feel so invincible you feel you can drive, and  then you are involved in a collision and hurt or kill another driver. Because the dangers are so great, seeking professional help is very wise. While this post won’t say whether or not you should seek counseling, a treatment program, or get involved in addiction programs, it’s clear you are not alone, can get help, and never have to drink and drive again.

Your  DUI defense is based on what? Either you’re innocent or guilty. A DUI defense, however, will not be based on exactly what you say, but how you say it, when you say it, and how it reaches the judge or jury.

A driving under the influence (DUI) case is based on how you testify, how you were tested, your background, and the validity of both the officer and the BAC tests.

What’s a BAC?
Blood alcohol content is how your case is often decided. For instance, if you’re pulled over, you admit to drinking some, and you are tested with a breathalyzer, that will be testing your blood alcohol level. Further studies include actually blood tests and sometimes urine tests. Blood tests are by far the most accurate; alcohol is absorbed by your blood, not urine.

What is the limit for drinking and driving?
Every single state in the country uses the BAC level of 0.08 percent. That means if you’re tested and it shows a BAC of .10, you will be charged with a DUI. How do you know if you’ve reached the 0.08% level? Rarely can you be sure. Everyone takes alcohol differently, and no two bodies are exactly the same. It’s best to be conservative and never driver after drinking.

Failed the Breathalyzer
What is a breathalyzer? Most are fortunate to have never seen one, but it’s a simple device designed to test your BAC levels. If you failed the breathalyzer, you will be charged with drinking and driving, called a DUI or DWI in most states.

Refused or Accepted the Sobriety Test
Did you know you can actually refuse to take a sobriety test. First, be clear on what this means. If you refuse a breathalyzer, you can be charged. However, sobriety tests factor in your physical and mental aspects; if you can’t walk in a straight line, if you can’t count backwards, these point to DUIs. In fact, you can pass the breathalyzer and fail the sobriety test. Still, you have the right to refuse the sobriety test at any time. There are no laws stating you have to take it.

Hiring the Right Lawyer
The best defense for a DUI is being honest. Also, hiring the right lawyer can greatly increase your chances of success. Professional DUI lawyers know all the laws, and can plan an effective defense for your case. If you’re charged with a DUI after failing a breathalyzer or blood test, you may think it’s over. You can still fight the charges, including  if the officer had probable cause to pull you over and if the tests were accurate.

If You Can’t Afford a Lawyer
It’s always good to hire a DUI lawyer who can spend a lot of time with you, but sometimes that costs money. Know the laws, but don’t ever represent yourself. At the least, ask the court to appoint an attorney.

If you’ve been arrested for a DUI (driving the influence) or DWI (driving while intoxicated) because of an alcohol or drug arrest, you should consider your options.

You’re going to lose your license, get large fines, and get jail time, right? Not always, because there are some cases where you can beat a DUI charge. Now, if this is after multiple violations, if someone was hurt while you were driving under the influence, or it’s deemed you risked minors, you may get an aggravated DUI charge.

Just like it sounds, it’s a bigger penalty than the initial DUI charge. This means you face larger fines, longer suspensions, and extended jail time. There are ways to beat the charge.

Do you need a lawyer immediately?
It would be easy to say, “hire a lawyer immediately, you have to.” But in most DUI arraignments, where you can decide to plead not guilty or guilty, you may be okay without a lawyer initially. You will sometimes not even have to post bail unless you do not want to spend any time at all in jail.

On the other hand, aggravated DUI charges are very serious. Instead of a 1-2 year license suspension, you can double or triple that. Instead of $1,000, you can pay several thousand more. Instead of limited jail time, you might face an extended prison sentence. This depends on the nature of the arrest.

Aggravated DUI charges are generally considered felonies, while regular DUI charges are usually misdemeanors. In some cases, you can handle a misdemeanor initially by yourself, hiring a lawyer to help you if you want to fight the charge.

Why do you need a lawyer?
If you want to beat an aggravated DUI charge–which is hard but far from impossible–you immediately need help from an experienced DUI lawyer. He or she can help you decide how to plead, what chances you have in fighting the charges, and negotiating with prosecutors for a lesser charge.

What options do you have?
For an aggravated DUI charge, you can plead guilty, plea bargain for a reduced charge, ask for a trial before a judge or demand a jury trial. These may sound simple, but take for example the judge or jury question. How do you know if this judge will be lenient, especially if he or she regularly hears DUI defenses? How will a jury look to you if your blood alcohol content was incredibly high and you hurt someone? It depends on the case. This is where hiring a professional saves you time, money, and penalties like jail time.

DUI charges may seem to be penalized mainly via license suspensions and jail time, but don’t overlook the money you’ll have to pay to the courts in fines. These fines vary from $500 to $2,000 depending on the nature of the charges. Many states handle fines very differently however. Washington state, for example, has fines for a first DUI starting at over $800. That’s for only one DUI charge.

In other cases, you might pay $5,000 for your first DUI charge. Also, you can expect the penalties to increase with each. If you’re underage and driving … if you have multiple DUI charges … or if you hurt or killed someone while driving, the penalties can be extreme. You will also be forced to pay for other things, such as classes, hiring an attorney to help, and many other costs which add up.

Why fines?
Every day there are numerous DUI arrests. Every day, someone dies related to alcohol. Every day, someone is hit by another person drinking and driving. Recent studies have pointed out how over 10,000 people die as related to DUI cases every year. The number is happily in decline, but it’s one reasons DUI fines are high.

The First DUI Penalty
First DUI charges typically cost about $2,000. This is for a basic arrest where no one was hurt. If you hurt someone or had a very high blood alcohol content (BAC), you can expect larger fines. In this case, you’ll need to hire a lawyer. There simply is no way around it. And lawyers cost money.

How Lawyers Charge You
There are many experienced DUI lawyers who can help you lower fines, jail time, and license suspensions. That comes for a price. Many lawyers will charge you high fees just to take on your case. At the end, if you choose a bad lawyer or pick the first one you find, it can cost you thousands more. And an experienced DUI attorney gives you a chance to win the case–and get no fines, jail time, or suspension.

Aggravated DUI
An aggravated DUI is a very serious charge. It was mentioned if you hurt someone or have a very, very high BAC, the fines are more severe. In these cases, some states call it an aggravated DUI. You can also get an aggravated DUI for multiple drinking and driving offenses. If you have a BAC of .13, for  example, which is very high, you may be charged with it. If you hurt someone, or have multiple DUI violations, you can expect an aggravated DUI.

Other Penalties for DUI
Beyond just paying thousands of dollars in court fees and the time involved in taking classes, you have the potential for jail time and license suspension. For a first DUI violation, your license is typically suspended for a few months to a year. The more violations you get, the longer period you have with no license. If you hurt someone, or have multiple DUI violations, you can expect extended jail time, sometimes several years.

The Answer for DUI Charges
The best thing you can do is hire the right attorney from the start. You may have more options than you think. An experienced DUI attorney saves you time, money, and can lessen the charges or perhaps win the case for you.