OK, you got caught, arrested, sandbagged, pinched, maybe even trapped; now what? You got pulled over and arrested for DWI. What should you do? The best thing you can do is hire a DWI lawyer.
Hiring a competent and knowledgeable DWI attorney could be the only good thing to come out of your getting arrested for a DWI, and here are the reasons why.
Depending on your previous record and or circumstances you may be facing jail after your DWI arrest. This might even be true if it’s your first offense, although unlikely it’s still best to hire a DWI attorney who knows specific DWI laws in your state or the state of your arrest to keep you out of jail. If it’s your second or third offense, or there are other extenuating circumstances then it is even more important for you to hire a good DWI lawyer.
Room to Negotiate
If you don’t hire a DWI lawyer you will not have any room for negotiation with the District Attorney and or Judge. However, when you hire a DWI attorney they provide you with the opportunity to possibly negotiate a better deal. They can get some fines reduced or perhaps spare you from spending time in jail if they have the right clout with the D.A. and Judge. They can also keep you out of community service or negate extended probation times.
The Road Less Traveled
When you hire a DWI attorney they may be able to see a defense for your case that is not quite obvious. Remember it’s a lawyer’s job to know and find loopholes in laws or flat out holes in the prosecution’s case. A good DWI attorney will be on top of this and if there is any way to present a different take or different type of defense than the standard one, they will.
Back to School
Another way a good DWI lawyer could help your case is by advising which if any is the best educational program for you to take before your court appearance. Some courts look positively upon this type of proactiveness and some don’t. Your lawyer should know the answer to this if they are competent. The educational programs consist of alcohol or drunk driving awareness classes and or A.A. meetings.
It can be beneficial to have written character references to present to the judge presiding over your case. However, many people do this without getting much credit for it. This happens because the judge doesn’t put much emphasis on the references since they are often written poorly or incorrectly. Hiring the right DWI attorney will explain to you what kind of references are needed and the best way to go about presenting them.
It is an awful experience getting a DWI, however, if it ever does happen to you then these tips will help your cause and bring a little jump back in your step.
Let’s face it, being pulled over anywhere at any time sucks. There is really no other way to put it. It flat out sucks. Even if it’s a simple traffic stop. Even if you have done nothing wrong. No matter what city or state you are in. Now, let’s say you are pulled over for DWI; and it happens in the state of Texas. What should you do?
There are some steps you should take even before you hire a Houston DWI attorney.
Be Nice – Don’t be an Jerk
This may seem like a funny statement, but it’s not. Being a jerk or even belligerent to the police officer who pulled you over will not get you anywhere. In fact, it will only speed up the process of landing you in jail. It may also add to an already shitty situation you have gotten yourself into. Remember, cops can pretty much do whatever they want, and in some states, they have more power than others. Texas is one of those states, so be very careful, and tread lightly.
There is one instance I know of where a driver was arrested for DWI, but since he was a complete gentleman to the arresting officers, they pulled his car off to the side of the street and parked it in a safe spot. They did this in lieu of calling a tow truck. This not only saved him the headache of going to the tow yard after a night of sleeping in a jail cell, it also saved him a ton of money.
Know Your Rights
In any walk of life or situation it is always important know know what your rights are. This will get you out of a lot of trouble and save you from misery on many occasions. It’s never more important to know your rights than when you are pulled over by the police, and even more so when you are pulled over for DWI. So let’s break down the Texas law in this case.
When it comes to field sobriety tests, just say no. You are not required by Texas law to comply with a field sobriety test. They are set up for you to fail. Trust me. Also, when they try and make you take the breathalyzer test, again say no. You are still not required to admit to adhere to this test either.
What to do Next?
The officer or officers have since arrested you and are berating you into a chemical test. Which consists of urine, blood, or breath. This is the time for you to demand to speak to your attorney. Tell them you will not submit to any tests without your attorney present. In accordance with Texas law, you are allowed a private chemical test with your attorney present within two hours of your arrest. This will help your case in the long run and let the authorities know they can’t pull any B.S with you, which they will if you let them.
So take heed of these 3 important steps and in the meantime, don’t drive drunk.
Generally speaking, this is a deal made by a prosecutor and a defense attorney, whereas the defendant must plead guilty to the “driving under the influence” charges. Therefore, he’s sentenced to a penalty, according to the agreement made between the two sides.
According to recent statistics, the percentage of DUI cases that go to trial is less than two percent in most countries. Of course, this is a factor that varies by state. But there are many ways to get out of a DUI even without going to trial.
Why these cases rarely reach trial?
Like it or not, most lawyers wouldn’t want to put the extra efforts in preparing your case for a trial. In fact, some of them might not have the experienced required to hit the courtroom with confidence. The lack of confidence is what makes them believe that the case isn’t worth their time.
Of course, as a client, you don’t want to lose the opportunity of having a “not guilty” verdict. However, these cases are often suitable for a plea bargain, whereas the offer is good enough to avoid the risk of going to a trial.
Why should you accept a bargain?
In most situations, making a bargain with the prosecutor is the best possible option. The defense can negotiate a lower penalty, reducing the risk for your side significantly.
Even though that the experienced attorney has great chances of winning the case, there’s also the possibility of being found guilty by the jury. This would mean a prolonged sentenced and a larger penalty.
In most situations, if you go to a trial and lose it, the judge can opt for a maximum punishment. Trials must be avoided, especially when there is strong evidence against the defendant. So, by signing a plea bargain, he will save both considerable time and resources.
The same goes for the opposing side. Sometimes the prosecutor’s case won’t be as solid as it should be, and they’d be open for negotiating a deal.
Can I be forced to make a deal?
When you are charged with “driving under the influence”, you have the opportunity whether you’d like to fight in the court or sign an agreement.
The attorney could give you a piece of advice, but the final decision depends solely on the defendant. When it comes to DUI cases, a plea bargain is almost always offered.
By talking with your lawyer, you’ll understand the pros and cons of accepting the agreement or proceeding further with a trial. The client is in his full right to reject the offer and go to trial.
Should I go to a trial for DUI case?
There’s a great variety of factors that come into count when it comes to a trial and you can never be sure of the outcome. If the attorney is positive that the case can result in a not guilty verdict, then the defendant should proceed to court if he can handle the risk involved.
What many believe is that once they’ve given a sample to a sobriety test, they can’t avoid the penalty. The prosecution would want you to feel hopeless, but luckily, there’s light at the end of the tunnel.
According to the Orange County DUI attorneys, most DUI cases can be won. There are many defenses available and the jury consists of 12 members. The chances are that your defense attorney will be able to convince at least one of them. Without a full number of votes, you can’t be convicted.
What if you spent years in jail because you didn’t understand your rights?
This may sound like a legal nightmare. For those who have been charged with a DUI, those, this can easily become a reality.
If you’re saying to yourself “I got a DUI now what,” the first thing to do is not panic. And the next thing to do is read our comprehensive guide to the seven most important things to do after a DUI arrest!
1. Emotional Preparation
The first step on our list may sound like the easiest. However, in many ways, this is the hardest step of all: emotional preparation.
We’re not going to lie to you: being charged with a DUI is one of the most stressful events you will ever experience. You’re likely to face embarrassment, shame, and even depression before everything is over.
As bad as it is, it’s even worse if all of this comes as a surprise to you. Take the time now to prepare yourself for the various things that could happen. It may also help if you practice some rituals to calm yourself, such as meditation.
2. Do Your Homework
Now that you’re emotionally prepared, the next step is much more down to earth. It’s time for you to write down everything, especially while the incident is still fresh in your mind.
You’ll want to write down details like where and when you were stopped, the reason for stopping you that the officer gave and whether your breath was analyzed. Don’t forget to write down a description of the breathalyzer itself.
Write down the details of what you said to the officer, especially concerning anything that you had to eat or drink that day. Finally, write down any other tests they may have administered, such as a roadside sobriety test.
Every bit of detail will help when you get your day in court. And this information is invaluable to a DUI attorney.
3. Get Help
Remember when we talked about the negative emotional effects of being charged with a DUI? One feeling hovers over the entire experience: isolation.
It’s easy to feel like you’re all alone when you’re dealing with this problem. In addition to hiring professional help (more on this later), now is the time to find friends and family that you can trust as confidantes during this time.
They may be able to help with things like legal research. Mostly, though, you’ll want to have a network of support as a reminder that you are surrounded by people who love you. This will help give you the strength to go on when your case is dragging you down.
4. Get Off Social Media
There is an unfortunate truth when it comes to the legal world. In the eyes of a judge or jury, it’s not always what happened that matters: it’s how it looks. This is why it’s imperative that you delete all of your social media or, at the bare minimum, make your accounts private.
Any posts that you made on the day of the DUI arrest may be framed in a way that incriminates you. And even past photos and posts may be used to incriminate your character, painting you as someone who is often reckless and careless.
In short, you don’t want to give the prosecution any more info than they already have. By deleting your accounts or making them private as soon as possible, you minimize the change that your posting history will be used against you in a court of law.
5. Find Witnesses
Some people feel helpless when they are charged with a DUI. It’s important to fight that feeling and present the best case for yourself that you can. That’s why the next step is finding witnesses.
Basically, anyone that you saw you right before, during, or right after the DUI arrest is a potential witness. You need to contact them, verify what they saw, and then verify that they will be willing to testify in a court of law.
You’ll need to coordinate their accounts with your lawyer (more on this in a minute). But make no mistake: having witnesses versus having no witnesses can very easily be the difference between a positive and negative verdict.
6. Find the Best Lawyer
The next step is highly important. It’s time to find a DUI attorney that will represent you in your case and fight for an “innocent” verdict.
Fortunately, it’s easier than ever to research possible DUI lawyers online and find the ones that are best for you. You can use these lawyers as a benchmark for many of the attorney qualities that you are looking for.
You’re going to be reviewing factors such as price, experience, reputation, and so on. But it’s also important to try to meet with any prospective lawyers and see if you feel a positive connection to them.
That may sound silly, but you are going to be working very closely and very intensely with this person. Establishing that you have a natural rapport right off the bat will make that experience much easier.
7. Stay in Constant Communication
Some people think that hiring a good DUI attorney is the end of the story. However, there’s still a lot for you to do. And the top of that list is to stay in constant communication with your lawyer.
The first step is to pass along any information, evidence, and witnesses to your lawyer, as these will be instrumental in the success or failure of your case. But the communication doesn’t stop there.
Check in with your attorney frequently to get updates on the case and to see if there is anything you can do. Even unexpected advice from the lawyer such as how to dress for your day in court may prove invaluable.
“I Got a DUI now what:” The Bottom Line
Now you’ve got a good answer to “I got a DUI now what?” However, do you know how to find the DUI lawyer who is best for you?
Driving Under the Influence, or a DUI, is a serious matter. However, it is a common charge and one that can be fought. Police officers show no mercy when it comes to drivers who are driving under the influence, but that doesn’t mean you have to submit your rights. It’s crucial that you remember that a DUI does not solely mean driving when drunk or on drugs; it can also be issued to someone who is on certain medication. Therefore, it’s vital that you get the right professional help and know what will happen to you, for if you’re ever issued a DUI.
Be Prepared to be Arrested
The seriousness of the DUI crime varies from state to state. Be prepared to be arrested and booked if you are in many US states. You will be taken to the local police station in a police vehicle where you’ll be fingerprinted, and your photograph will be taken. What happens next depends on the state where you were arrested. In many states, it is the law that you are held until you’ve sobered up. Whereas in other states, you can go home if someone pays your bail and drives you to your house. When you’re arrested, you’ll be given a Summons or a ticket, which will have the details of when you’re to appear in court.
Appearing in Court
You will appear in court to face driving under the influence charges, where you have the option to plead not guilty and fight the case. Your best chance of beating the chances, though, will require the services of an attorney. Because this is a serious matter, you need to spend time finding the best DUI attorney in Orange County, or wherever you live. An attorney will be able to investigate the case, look at investigative items that may disappear with time, and they may wish to have you undergo a drug and alcohol evaluation.
Loss of Driving Privileges
If found guilty, you stand to lose your drivers license for a certain period. This applies even if it is your first conviction. Some states will allow restricted privileges, for example, you’ll be able to drive to work or school. It is possible to lose your license immediately if you refuse to take the field sobriety test or agree to a blood or breathalyzer test. Your car will also be impounded.
Losing your license is not the only price you’ll have to pay, and it is likely there will also be a fine for you to pay. Minimum and maximum fines are set by state law, and in certain circumstances, such as the endangerment of a child, these fines can be increased further. Jail sentences are also becoming mandatory in some states. For repeat offenders, the stretch behind bars can be more than just a few days.
There are various other penalties, such as increased insurance premiums, alcohol evaluations, drunk driving school and the installation of an ignition interlock device, which can tell whether you have an alcohol-free breath. The cost of a DUI can be high, however, there are ways to get the best sentence and outcome possible.
Drunk driving is a menace in the US, and almost 11,000 Americans are killed in car crashes in which the driver was under the influence of alcohol or other drugs. Although some states like Michigan has recorded a decline in drunken driving arrests over the past decade the number of car accidents and fatalities involving drunk driving is still high. The nation has to bear the cost of drunk driving that amounts to $199 billion a year, and it translates to $500 to $800 a year for a US adult. When you take to the wheels in an intoxicated condition, you are not only putting yourself at risk but also risking the lives of others. If you are arrested for drunk driving, be ready to face a lengthy legal process as you are booked under DUI or Driving under the Influence.
In such situation, hiring a well-known Denver DUI attorney is the only action that you should take because the lawyer becomes your savior. Life will never be the same again unless you can erase the scar marks of allegations of drunk driving slapped on you. Only the DUI lawyer can help to reduce the seriousness of charges and pave the way for bailing you out from crisis almost unscathed. You must know when and how to hire the DUI attorney because it can make a big difference in your life. It is the skill and expertise of the attorney that can save you from the broad side of law and help to lead a normal life without any worries of legal action.
It’s the job of a DUI attorney
When charged with DUI you have to act fast and must know the options available. Although DUI laws vary from state to state, the yardstick used for determining whether a person is intoxicated or not is the same. A person is ‘per se intoxicated’ if the blood alcohol concentration (BAC) level is more than 0.08. When caught for drunk driving the state might charge you with violating more than just one law. Legal representation is essential for DUI cases, and you must take it very seriously as it could change the course of your life. Only a DUI attorney can understand the charges framed against you and advise the best solutions that could absolve you of the charges.
Fighting a DUI arrest entail a legal battle that you have to tackle with the help of the attorney. How to proceed in selecting a lawyer expert in DUI laws and what to consider when you are taking a decision would become clear on reading this article.
Prepare a short list of potential DUI attorneys
When you are looking for the best DUI attorney, make use of the various resources that are available. By referring to directories and contacts at the State Bar Associations and National Associations as well as taking into consideration some personal recommendations you can create a list of attorneys whom you should meet. Since it is a very major decision in your life, you should carry out due diligence just in the way you would do it for taking any other very serious decision.
Turn to the people you trust and request them for recommending the names of some DUI lawyers. If you come across some names that someone has firsthand experience of working with, it is perhaps the best one that you could get. You could gather information about the overall process, how the lawyer performed and how satisfying was the outcome. You can also know how much the process had cost although every DUI case is unique and not comparable on every parameter. If you know some other attorney whose service you might have availed earlier in some other case, you can ask for some reference. It could be an excellent resource if you locate a specialist in the criminal defense case.
Evaluate the attorneys in your list
Talk to each attorney in person to evaluate their qualifications, experience and track record. Look for a licensed attorney to represent your case and give preference to local persons as it is beneficial to hire a local attorney. The local attorney would be more familiar with the legal infrastructure and settings of the place because he or she might be visiting the courts regularly. The judges and prosecutors would also be familiar to the lawyer. Check the DUI experience of the attorney because it indicates the proficiency in handling such cases. Have a look at the ethical record of the attorney to ensure that there has never been any disciplinary action against him or her. For reviews about his work, you can check the social media profile of the attorney.
Have an interactive session with the attorney
To decide which attorney would suit you best, have an interactive session with each to understand how comfortable you would feel in working with them. Share all the facts of the case with the attorney in minute detail so that you get the best advice. Carry along with you all documents related to the DUI charges brought on you so that the attorney understands the violations done. Do not assume that the attorney would know about something that you do not inform him or her. During the exchange, talk about the experience of the attorney and what kind of performance record he has with respect to dismissing cases, bringing cases to trial and the total number of DUI cases handled. Most importantly, try to figure out whether the attorney would himself represent your case or might hand it over to some of his / her trusted aides.
The experience, ability, and performance of attorneys determine the fees, but you must be careful in deciding the fees in advance so that there are no surprises later. Attorney fees are negotiable, and it depends on your negotiation skills to settle the deal for a lower amount.
Doing extensive research to know more about attorneys should help you to locate the DUI attorney who can make life easy for you.
The red and blue lights flash before your eyes, and you hear three words that immediately make your heart feel as though it has just collapsed: “You’re under arrest.”
There’s nothing wrong with wanting to have a good time, but when drugs come into play, you’re playing with fire.
Like all criminal charges, in order to actually convict you the prosecutor must prove you committed a crime “beyond a reasonable doubt.” Luckily there are many ways to fight drug charges. The best drug crime attorney defenses focus on ways to expose flaws or introduce doubts in the evidence required to convict you.
Should you get arrested on a drug possession charge, here’s a rundown of what you can expect and what you need to do.
Let’s get started.
Getting Arrested for Drug Possession
Possessing any quantity of illegal drugs, including ecstasy, LSD, methamphetamine, cocaine or heroin — and sometimes marijuana — is illegal in most U.S. states, counties, and cities.
Not only that but also it’s viewed as a federal crime.
Each jurisdiction has its own laws. However, depending on how much of a drug police found in your possession and how often you have been charged with drug possession, the situation could land you in prison for the rest of your life.
What Should You Do When You Are Arrested?
For starters, stay calm. There’s no need to panic just yet. After all, just because you are charged with drug possession doesn’t mean you are immediately guilty of this serious crime in Lady Justice’s eyes.
Of course, staying calm following a drug arrest can seem impossible. But reining in your emotions is paramount because an outburst from you may result in extra criminal charges, such as the obstruction of justice or resisting arrest. In addition, you could get hurt because police will have no problem using force to finally subdue you.
So, simply inhale and exhale, and allow the police to place their handcuffs on you. Then, be still as you take the ride to the police station.
Once you get to the station, you’ll get one phone call before being put in a jail cell. If you have a lawyer, make that telephone call count by contacting him or her. Otherwise, you can call a family member or friend, who can search for a lawyer for you.
Finally, to avoid having to remain in your jail cell during your entire case, request that the court set bail for you during your arraignment. At this type of court proceeding, you’ll hear all of the charges that have been filed against you, and you should also be prepared to enter a plea.
The judge can either deny you bail or grant you bail. If he or she denies you bail, there’s nothing you can do about that. Just stay in communication with your lawyer and follow his or her guidance.
What Should You Avoid Doing When You Are Arrested?
When you are first arrested, you may have to provide the police with identifying information, such as your name and age. Outside of that, it’s best that you keep your mouth sealed. After all, silence remains each arrested person’s inalienable right based on the U.S. Constitution’s Fifth Amendment.
What if police begin to ask you questions related to your case? Simply tell them that you choose not to speak until a lawyer is present with you. Just be sure to respond in a respectful and direct manner to avoid getting on your arresting officer’s bad side, which certainly won’t help your cause.
Your right to keep silent following your arrest doesn’t apply only to the words you speak, however. They also apply to the words you write.
For this reason, it’s paramount that you avoid signing any document that authorities put before you. In addition, avoid writing down anything that may harm your case.
Also, try to avoid weaseling out of your drug arrest — for example, by attempting to bribe the officer arresting you. It won’t work. Bragging about yourself or dropping names will prove futile, too, and may, in fact, only result in embarrassment for you.
Not all drug possessions are equivalent. The severity of your drug charge depends on the types of drugs you are accused of possessing.
For example, Schedule I drugs are those that are easy to abuse and that do not have medical uses. These drugs, which carry the greatest danger, include the likes of marijuana, LSD, GHB, and heroin.
Schedule II drugs, on the other hand, do possess some recognized medical uses. These drugs include prescription medicines such as oxycodone and morphine, opium, methamphetamine, and cocaine.
Schedule III drugs are less likely to be abused and have many medical applications. These types of drugs include Vicodin, ketamine, and anabolic steroids, for example.
Meanwhile, Schedule IV drugs are predominately prescription medicines that are not likely to be abused. Examples of these drugs are Ativan, Valium, Klonopin, and Xanax.
Finally, Schedule V drugs are medicines with a low possibility of being abused. They typically feature small quantities of codeine or other narcotics.
Felony vs. Misdemeanor
If you face a drug possession charge, your charge will be either a misdemeanor or a felony based on the amount and type of the drug involved, along with other factors.
These other factors, known as aggravated factors, include the following:
- Possessing a drug in a minor’s presence
- Possessing a drug near or in a facility used for drug treatment purposes
- Possessing a drug at a housing unit, in a pool, at a park or in another type of public place
- Possessing a drug near or on school grounds
- Repeat offenses
If you possessed a Schedule I drug, you will most likely face a felony charge.
A felony charge might also be possible if you were found with a Schedule II drug, particularly if you had a large amount in your possession. This is because the government immediately assumes that you were planning to distribute or sell drugs if you had a large amount with you.
Even if you were honestly planning to use the drugs personally, not sell them, government officials may still try to push for you to be convicted of a felony. Why? Because in their eyes, you posed a grave danger to your community.
A felony drug conviction will get you a harsher punishment than a misdemeanor will, with your punishment potentially including years in jail, a hefty fine and probation.
Defenses Against a Charge of Possession
Fortunately, in certain circumstances, you may be able to defend yourself against a charge of possession effectively.
For instance, perhaps you can demonstrate that you did not know that drugs were near you when police found them and arrested you. Perhaps you were driving your friend’s vehicle and did not realize that he had hidden drugs in his glove compartment.
In addition, let’s say police searched your car or your body without cause. If this happened, then the drugs they found in your possession cannot be used as evidence in court, as authorities violated your constitutional rights. In this situation, the court will dismiss your case.
Another possible defense involves claiming that a police planted a drug on you while searching you. This, however, can be challenging to prove.
Also, note that drug possession falls under two categories: constructive possession and actual possession.
The former refers to situations where defendants were in control of certain drugs even though they did not have these drugs in their possession when they were arrested. The latter refers to situations where defendants actually had drugs on them when they were arrested — such as in their pockets or purses.
The government must prove that you fit either of these categories before you can face a drug possession conviction.
Your Rights Following a Drug Arrest
If authorities claim that you committed a drug crime, it is within your right to go to trial to aggressively fight your charge. Prosecutors at trial must prove your charges beyond a reasonable doubt. This is a high standard that exists with the goal of ensuring that if you are innocent of a drug crime, you don’t get punished for the crime.
However, let’s say that the weight of the evidence that prosecutors have appears to be heavy. In this case, it may be in your best interest to simply seek to plea bargain with the prosecution. This may lead to lighter charges and thus a more lenient sentence for you in the end.
Your attorney can assess your case and help you to determine the best course of action to take considering the unique circumstances surrounding your arrest. Attorney Daniel Stockmann of Nebraska says that for this reason, choosing the right attorney is critical. This attorney has constantly emphasized the importance of selecting both a knowledgeable and an experienced legal expert in cases involving drug crimes.
How We Can Help
We offer a comprehensive online attorney directory to help you find the right lawyer right away.
Our directory features over 300 attorneys nationwide, so you can easily find the ones closest to your location. In addition, our directory features attorneys in a wide range of categories, such as criminal defense, bankruptcy, employment, estate planning, immigration, personal injury and even family law.
In addition, we offer tips and advice regarding how to become a lawyer and how to navigate the legal/court system as a plaintiff or defendant in various situations.
Get in touch with us to find out more about how to fight for your best interests if you face a drug possession charge or other legal problems in your state.
So you got busted for a DUI and you are freaking out about what you should do. The first thing you should do is call an attorney. Let’s face it, getting pulled over for a DUI these days is not only a dumb move with Uber and Lyft, it’s an expensive journey to embark on as well. Making a call ASAP to hire a DUI attorney could be the smartest thing you’ve ever done.
Depending on what state you’re in you’ll probably have to fork out close to $10,000 before it’s all said and done. You’ll most likely also have to attend classes, community service, and possibly have an ignition interlock put on your car. The ignition interlock to those of you who aren’t familiar with it is a device that you blow into before you start your car. The device detects any alcohol in your system, and it won’t allow your car to start if there is any alcohol when you blow it.
You have a daunting road ahead of you, however, if you hire the right attorney to handle your case you will fare much better in the end.
What should you look for in a DUI Lawyer? First, you should research over the internet about lawyers in or around the city you were arrested in. Then, you should get the names and numbers of at least three to five of them and make calls to set up appointments. You’ll want to have a meeting with each lawyer to get to know a little about them and see if you have a good rapport with them also.
Now it’s time to make a decision on which man or woman is the best fit for you and your situation.
DUI Attorney Checklist
- Do you feel comfortable with them?
Having good chemistry with your lawyer will go a long way in assuring the best result for you.
- Do they know the court or judge?
You’ll want to confirm that the lawyer has a history in the exact court your case will be heard in.
- Do they have a good track record?
It is also extremely important to make sure the lawyer you choose has a good track record within the court. This should guarantee you great results on whatever decision the prosecutor and judge decide to render you.
- How much do they cost?
You have to go into this situation knowing you will be shelling out a lot of cash. However, you don’t always need the most expensive attorney to attain a great result in court. So chose wisely here. Again this will depend on what state you’re in and the size of your case. Things like how much alcohol you had on your breath? Was this your first offense? Did you cause an accident, and so on. These will determine how much the DUI attorney will need to charge you for their representation.
Remember, simply being proactive in your current situation will make a huge difference in the next two years of your life following a DUI arrest.
When the police pull a person over, they are breathalyzed and charged with a DWI; it seems like an impossible situation to “get out of”.
While, most drivers will not get away with it scott-free; there have been some pretty unbelievable cases of people who were clearly guilty of driving with a high BAC getting the proverbial slap on the wrist. This miracle is usually the result of the driver hiring a top DWI attorney that is knowledgeable about the laws in the specific state and region of arrest.
Leverson Budke Criminal Defense
295 Marie Ave E #240
St. Paul, MN 55118
The United States are uniform with regards to DWI law in that the legal limit for alcohol in the blood stream while driving is .08. This is approximately 2 standard sized drinks in an hour depending on weight and gender.
Other than that, each state has its own unique set of DWI laws. States like Minnesota have relatively lenient DWI laws. So much so, that a man was arrested in October, 2017 for driving while intoxicated for the 28th time in his life. Worse yet, he had a valid driver’s license. Issues like this have led to a call to action for Minnesota revamping their DWI laws.
Stricter states like New York can and will revoke a license indefinitely after three DWI’s within a certain period of time.
I Got Drunk After I Was Driving
An affirmative defense to a DWI charge is exactly what it sounds like. A Defendant is “affirming” that they were drunk and behind the wheel but they are defending their actions with some kind of reason.
There are only two affirmative defenses to a DWI in Minnesota.
The first affirmative defense is that the alcohol was consumed after driving and before the breathalyzer was given. In this situation, the Defendant is saying, “Yes, I was impaired, but not while I was driving”. The Defendant must prove that they drank enough after driving and within two hours of when they were behind the wheel to cause a high BAC.
An example of a scenario like this may be if a person got into an accident and then went inside and had a few drinks while waiting for the police to arrive (not likely). The police would see that the person is drunk and issue a DWI. If it can be proven that the suspect was not drunk when they were driving and they got drunk afterward then the suspect may be free of criminal liability.
The second affirmative defense in Minnesota is for being under the influence of prescribed medication. This defense is basically saying, “Yes, I was impaired but the doctor gave me these pills”. The inherent problem with this defense is the fact that every bottle of pills that could possibly impair a person comes with a clear warning to not drive or operate heavy machinery while taking.
There are several other defenses and legal maneuvers for DWI charges. Only an attorney could possibly know what laws to use and how to apply them to a specific case.
Are you facing an underage DUI charge?
In most states, any drivers under the age of 21 and with a blood-alcohol count over .02% can be cited for a DUI.
Aside from the monetary fines, those accused can face a license suspension of one year or more and sometimes even vehicle impoundment.
Drivers may also be required to attend drug/alcohol classes as well as a number of community service hours.
If the offense is a more serious or reoccurring offense, this can also result in jail time.
It’s no surprise that driving under the influence below age 21 presents a unique set of legal issues. However, an underage DUI charge doesn’t have to ruin your life.
Here’s what you need to know if you’re facing an underage DUI charge:
Contact a DUI Defence Attorney
First things first, the single most important step a driver facing a DUI can take is to contact a DUI defense attorney.
While most may first assume to contact their family lawyer, it’s in the driver’s best interest to hire a lawyer that specifically deals with impaired driving charges.
Because we are dealing with high-stress situations, it is imperative to contact your lawyer as soon as the potential for charges exist.
From the beginning, the lawyer will be able to provide you with the knowledge of how to make the best-informed decisions on how to proceed.
High-stress situations often result in immediate panic and stress for the driver. A DUI defense attorney will help to reduce stress and anxiety from the minute the call is placed.
From that moment forward, you will be working alongside your attorney to prove the best possible result.
Without an attorney, this battle is almost always won by the courts. And, considering the effect this one mistake might have on the rest of your life, it is always in your best interest to have to best representation possible.
This is especially the case for more conservative states such as Texas that are governed by more strict drinking and driving laws. For those seeking representation in Texas, DWI attorney in Houston provides the means necessary to maximize your chances of success.
Document Your Night
As soon as you are charged with an underage DUI, it is important to take notes and document everything that happened the night you were arrested.
Considering the high-stress environment, it’s not uncommon to forget small, yet important details that may later help your situation.
This can include things such as where you were, how many drinks you had, the time that passed between your last drink and when you got arrested, etc.
More specifically, be sure to document everything you remember about being pulled over and arrested. This includes:
- The speed you were going before being pulled over
- The way in which the officer interacted with you
- Whether your Miranda Rights were read to you
- Whether your car was missing any crucial parts -taillights, license plates, etc.
If seemingly abiding by the law, having these details documented may help your attorney prove that the officer had no reason to pull you over.
This can help to account for the fact that underage drivers are often pulled over more than other categories of people.
This documentation is the best way to help your attorney to prepare for any charges that you might be facing. And, the sooner these notes are made after the arrest, the more reliable they will be in the eyes of the court system.
Be Careful in What You Say
The first and most important thing to consider when communicating with the police is to be friendly and co-operative.
Remember, it is their primary job to keep the community safe and out of harm’s way. That being said, resist the temptation to be angry or accusatory as this is sure not to work in your favor.
Take a deep breath and remain calm. Sometimes these are routine checks and police simply make mistakes. Whether you believe you are guilty or innocent, it is important to be considerate and aware of everything that you are saying.
Remember, if you are stopped and accused of impaired driving, the police will hold everything that you say under very close scrutiny. This means that everything you say or do has the power to be held against you in court.
In all likelihood, the officer will try to engage you in conversation that will provide the officer with enough reason to arrest you and get you off the road. Have your attorney provide you with advice as to when or when not to engage with the officers.
Prepare for Trial
Work alongside your attorney to prepare for your upcoming trial. Together, you will determine how you plan to plead and handle the various questions and accusations.
Consider that you will likely have to attend a number of hearings. To best prepare, be sure that you understand the purpose of the specific trial that you are attending. It’s also helpful to know what exactly the judge has to prove in order for you to face your penalties.
It’s best to be prepared for the results that may be pending. That being said, discuss with your lawyer the possible outcomes and what, specifically, may lead to each of those outcomes.
If you feel that the case is unlikely to result in your favor, consider what you can do to prove you are serious about correcting the issue.
You can show that you do not take this offense lightly by volunteering to attend classes such as Alcoholics Annonymous and rehabilitating yourself.
Lastly, it is important to dress well and represent yourself in the best light possible.
The reality of the situation is that the judge is trying to determine whether or not you are likely to offend again. Presenting yourself in the best, most professional way possible is sure to help your case.
You Don’t Have to Face an Underage DUI Alone
While DUI charges can result in serious punishment, we understand that young drivers make mistakes. We firmly believe that you should not have to spend the rest of your life paying for one mistake, which is why you should hire an attorney like Cannon Law Texas.
As we know, the driving under the influence laws varies from state to state. That being said, some states are more conservative than others and have less leeway in dealing with these charges.
In more conservative cities such as Houston, driving while intoxicated can impose a variety of penalties and can even result in jail time.
But, rest assured, all does not have to be lost when facing a DUI. It may seem like the end, but when you work alongside a DUI attorney, they are with you every step of the way. This is not something you have to face alone.