Tuesday, February 1, 2011

The DUI Attorney

DUI attorneys work to protect their clients’ rights and interests in the face of ever more strict laws against drinking and driving. What was once seen as a minor crime has become a major target for various activist groups, politicians and police. If you have been charged with drunk driving, DUI attorneys offer you the best chance of getting your life back on track with as quickly as possible.
What to Look For When Researching DUI Attorneys
While a family friend or relative may have a law degree, this does not necessarily mean that they are qualified to defend you in a drunk driving case. You need, specifically, a criminal lawyer, and with the rising number of DUI arrests there are now a large number of practitioners who specialize in drunk driving cases. Any criminal attorney should have the skills necessary to represent your interests, but such specialists may have greater familiarity with the key issues and opportunities in these cases.
How DUI Attorneys Serve Their Clients
The legal system is designed to determine the truth, and if you are guilty in fact, chances are you will be found guilty in court. Because of this, a large majority of criminal cases are actually settled before reaching trial. In these instances DUI attorneys negotiate with prosecutors for the most favorable sentence. Without an attorney you could end up in jail, on probation for years, without a drivers’ license for an extended period and otherwise in serious trouble. You may be able to avoid many of these with a good attorney.
DUI attorneys do sometimes get their clients acquitted on the charges against them. Procedural mistakes made by police can sometimes mean that the case has to be thrown out of court—police officers are human, and if they did not fill out all of the paperwork properly this can mean you are cleared. Not only this, but police must have probable cause before stopping you—if it can be shown that this was not present, your arrest may be set aside. Finally, the fallibility of breathalyzers, field sobriety tests and other means of determining drunkenness can create reasonable doubt in a jury’s mind, thus producing an acquittal.
You have options, so if you have been charged with drunk driving, you need to begin contacting DUI attorneys as soon as possible. Time is of the essence for ensuring the best outcome in your case.

What to Expect During a DUI Conviction


DUI law has become more and more complicated with different states taking different approaches to enforcement. The first thing to know when it comes to dealing with a DUI charge is that you need to check your state's relevant statute. Some states have updated their statutes more recently and there are nuances within the law. That means that your possible solution will almost certainly depend upon where you were charged. Aside from that, there are some basic things to know that apply across the board.

Types of proof for DUI charges


There are a few general pieces of evidence that a prosecutor will use in trying to attain his burden of proof. One of those is a breath test. Each state has some type of breath machine that measures blood alcohol content. Likewise, many states use a blood test and a urine test when they feel the results of the breath test are inadequate. They can request these tests when there is a suspicion of driving under the influence of drugs.
One of the biggest issues for people charged with DUI is the right of refusal. Refusing one of these tests leaves the state without much proof, and they take swift action against those who refuse. The penalty for refusal can be as high as a year-long suspension of one's driving license. There are ways to contest this that a defense attorney can effectively initiate.

Defenses to DUI


Some of the most common defenses to DUI include protesting the original traffic stop for lack of probable cause, contesting the validity of the test administered, and generally asserting a lack of proof on the part of the prosecution. One of the most common methods is to fight the tests, since they can fail for a number of reasons. A good attorney can move to have the evidence excluded from court proceedings, and this will make the state's case a difficult one to prove.

Penalties for DUI


Driving under the influence can bring about major penalties upon conviction. It can result in a jail term of anywhere from three months to a year for a first offense, and the sentences get stiffer for repeat offenders. Likewise, there can be fines of up to $1,000 in addition to the rising insurance costs. Penalties are worse when damage to property or person coincides with the DUI charge.
In all, DUI is a serious matter that requires immediate attention. A good attorney can effectively fight the charges and often mitigate the penalties.

The Basics For a DUI


DUI law has become more and more complicated with different states taking different approaches to enforcement. The first thing to know when it comes to dealing with a DUI charge is that you need to check your state's relevant statute. Some states have updated their statutes more recently and there are nuances within the law. That means that your possible solution will almost certainly depend upon where you were charged. Aside from that, there are some basic things to know that apply across the board.

Types of proof for DUI charges


There are a few general pieces of evidence that a prosecutor will use in trying to attain his burden of proof. One of those is a breath test. Each state has some type of breath machine that measures blood alcohol content. Likewise, many states use a blood test and a urine test when they feel the results of the breath test are inadequate. They can request these tests when there is a suspicion of driving under the influence of drugs.
One of the biggest issues for people charged with DUI is the right of refusal. Refusing one of these tests leaves the state without much proof, and they take swift action against those who refuse. The penalty for refusal can be as high as a year-long suspension of one's driving license. There are ways to contest this that a defense attorney can effectively initiate.

Defenses to DUI


Some of the most common defenses to DUI include protesting the original traffic stop for lack of probable cause, contesting the validity of the test administered, and generally asserting a lack of proof on the part of the prosecution. One of the most common methods is to fight the tests, since they can fail for a number of reasons. A good attorney can move to have the evidence excluded from court proceedings, and this will make the state's case a difficult one to prove.

Penalties for DUI


Driving under the influence can bring about major penalties upon conviction. It can result in a jail term of anywhere from three months to a year for a first offense, and the sentences get stiffer for repeat offenders. Likewise, there can be fines of up to $1,000 in addition to the rising insurance costs. Penalties are worse when damage to property or person coincides with the DUI charge.
In all, DUI is a serious matter that requires immediate attention. A good attorney can effectively fight the charges and often mitigate the penalties.