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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DWI charges can mean jail time, fines, license suspension, probation, and life changing problems.

DWI law is quite complex, from the moment you are pulled over to your court case. That’s what can make an experienced lawyer invaluable, and that’s what leads to our first DWI question.

Do you need a DWI lawyer?
Yes, you always need a lawyer if you’ve been charged with a drinking and driving offense (or charged with operating a vehicle while using drugs). Simply put, it can keep you out of jail, lessen license suspension charges if not eliminate them, stop fines, and more.

Is any lawyer good?
Not all DWI lawyers are equal, unfortunately, though just because one is quite cheap in price does not mean you’ll lose, and higher priced DWI lawyers do not guarantee a win. The best method is to go somewhere in the middle, to pay for value, but to understand that spending tens of thousands in defense is just unrealistic.

How much do DWI lawyers charge?
Costs are either based on flat rate fees for defending DWI or on hourly. You can typically estimate lawyer prices beforehand and get a good idea of who you can afford. If they charge an hourly rate and give an estimate on hours, you can easily compare this with others. If a flat rate, that’s easy to compare too. But note value: if they have experience in and out of the court, in winning, that’s valuable.

What is the difference between DWI, OWI, and DUI?
Different states have different terms. On this blog, we typically use DUI, but generally DUI has the same intent as OWI and DWI: to punish those who drink or abuse drugs in excess and drive. DUI stands for driving under the influence. OWI means operating while intoxicated. And DWI means driving while intoxicated. Each term used the same blood alcohol content (BAC) limit of .08%, has similar charges in terms of jail time and fines and suspensions, and has similar defenses. The only major differences are between state laws.

What should you do if pulled over?
You will likely be asked to take a breathalyzer test if the officer believes you’ve been drinking. This is pretty much the same across all states, where if you refuse you can immediately have your license suspended. If you’re pulled over, the less you say the better. This is not to say you don’t cooperate; only you avoid incriminating yourself.

How do you make a DWI defense?
You make a DWI defense with a DWI lawyer. Yet it’s more complex than that. DWI penalties can be quite stiff, but defenses can be very effective. How you act during the arrest, what your BAC level reads in the breathalyzer and potentially with blood tests, what the officer does, and how good a lawyer you hire all make complicated but winnable.

True, if you avoid abusing drugs or alcohol and driving you have nothing to worry about. But cases where you’re arrested for a DWI and have abused nothing occur all the time. The defense in this instance is based on proof.

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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.

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Driving while intoxicated (DWI) can lead to severe penalties. A DWI is similar in scope to a DUI, with some states differentiating themselves by using different terms. For our purposes, let’s consider them very close legally: you are drinking alcohol or abusing drugs and driving.

One question we hear quite often is when you need to hire a DWI lawyer.

They’re a variety of scenarios. You have no job, and therefore no income. You are guilty of the charges. A court appointed lawyer costs nothing. You are not guilty, but want to defend yourself. If any of these sound wrong, well, it’s because they’re all entirely the wrong reasons. There is no clear reason not to hire a DWI lawyer unless you are a DWI lawyer yourself. Why?

If you have no job, you likely cannot afford to pay the excessive fines, which can  be in the thousands. If you start working again, you won’t be able to drive. If you have no income coming in, sometimes you seem to have no options. We all have access to money, even after filing bankruptcy or losing a job. It’s time to put value on how much you want to stay out of jail, want to keep your drivers license, and want to avoid thousands in fines.

If you are guilty of the charges, it’s easy to say you need no professional DWI lawyer. This is wrong in many respects. Say, for example, you were in fact drinking, but the breathalyzer used tested you as over the limit when actually you were very close to under the limit. Or say that the officer pulled you over for no legal reason – only because he suspected by the look of your car you were a criminal, or because you are a minority, or a woman, or a variety of other reasons. In still other cases, the officer acted incorrectly by never giving you a Miranda, if not abusing your legal rights. These examples can lead to dropped charges, even if you are guilty of drinking and driving, and potentially could lead to some damages. But you need a DWI lawyer.

You may think a court appointed lawyer can handle your case. Using the above example on actually believing your guilty, you decide because of this that you should forgo hiring a lawyer. A court appointed lawyer is almost as bad as defending yourself; they rarely have the time or inclination to properly defend you. A professional DWI lawyer can find holes in the prosecution’s case given time; rarely can a court appointed lawyer with dozens of other cases spend a significant amount of time helping you.

Finally, you can defend yourself. You know your innocence, or know the officer acted wrong, and maybe you know some of the process in handling a court case. Rarely does this work out. Unless you’re a DWI lawyer, you need professional legal representation. You’ll need expert witnesses, to question what happened, to know the local laws, and to know how exactly to handle the court process with the judge and prosecution. There is a reason passing the Bar is very tough; it takes years experience.

If you’re still unsure whether a DWI lawyer can help you, consider that it might actually save you time, money, and a lot of headaches. It’s worth paying the extra money in order to get a professional defense.

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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.

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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.

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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.

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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.

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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.

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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.

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