DUI News

It does not matter your age, economic status or vehicle when you are in the turmoil of your first DUI offense.

It is scary.

The fear of realizing what could have happened and the fear of what will happen, these are legitimate concerns when trying to understand your DUI arrest

When faced with a DUI, especially your first DUI, it is imperative to find a DUI lawyer. This is the message you are likely to receive from any DUI attorney. However, this is not always the case. DUI’s typically are associated with very severe penalties. However, they also associated with very high defense fees. Lawyers use the fear of harsh punishment to make you think irrationally and feel obligated to pay their fees. Now don’t get me wrong, the penalties are harsh and you don’t want to make a mistake, but by following a few simple steps you can often obtain the same results of a high powered lawyer. Take it from me, I have been on both sides of these situations.

Rule 0 – This is important in every situation so I am labeling it rule 0. Never forget this rule. It is an universal rule that applies to so many situations.

Keep your mouth shut when you don’t know what you are saying! During your DUI arrest simply state yes or no. Don’t elaborate. This will help you in the long run. You may be forced to take a breathalyzer. Often State laws have Implied Consent clauses. This means that when you drive a motor vehicle, you have implied consent to provide a blood, breath, or urine sample. If you drink and drive ever, you should check to see if your state has a clause. If it does, you often face equal penalties for refusing a breathalyzer.

1. Don’t let the fear get you

Ok maybe I shouldn’t start my guide with a fear and loathing reference, but seriously it is solid advice. You can feel like your world is crumbling around you. You likely just spent the night in jail, which is often a new troubling experience for a number of people.

Before hiring a DUI attorney, first take sometime to collect yourself. A court case takes many months to be completed. You still have alot of time to weigh your options, even though your first date may be just a few weeks away. If you believe your arrest was falsely made you may want to talk to a few lawyers at this point. I don’t recommend hiring an attorney yet though.

Look at this diagram of how a case moves through the courts.

Keep in mind that your first court date is merely the plea hearing. You simply go stand before the judge and say, “Not Guilty, your honor”

That’s not too bad is it? It is intimidating, but not life ending. Follow these simple instructions.

• Put on some nice clothes. Yes a personal impression does matter. Don’t wear a Budweiser shirt to your DUI plea. Seriously, don’t be that guy. If you think it is funny or just plain don’t see why this is a bad idea, well quit reading right now. Your too stupid to attempt to defend yourself.

• Be respectful of the court. Yes, you should actually call the judge “Your Honor”.

• Arrive to the court early. Get to your courtroom and sit down and shut up.

• The initial appearance isn’t when you plea you case. If you follow step 3 you will get a great opportunity to witness other individuals. Just because they plea their case does not mean that you should. If the judge has doubts about the validity of your case he will ask.

2. Wait it out…

This can be the most difficult part of your task, but the most beneficial.  The prosecutor of your case doesn’t want to go to trial.  This is way to time consuming, and unless you were driving drunk through a playground, chances are they will want to offer a plea.  If you don’t have a lawyer on your case they will speak directly to you.  Expect a phone call from their office.  When you receive it simply state that you are waiting to go to trial.  (You don’t want to go to trial, but let’s just keep this our little secret, ok?)  Why you ask?  Stating you are planning on taking your case to trial is the worst thing the prosecutor will want to hear.  They are hoping to hear that you can’t afford a lawyer so they can offer a public defender.  When you say you plan on going to trial it means they need to start preparing for trial.  This is time consuming, but if they don’t do it right it could mean they lose the case on a technicality.

Instead of preparing for a trial they will offer you a reduced penalty in exchange for you pleading guilty.

Now did you shop around for an attorney?  Does receiving a reduced penalty sound an awful lot like what the high priced attorney said they would get you?  That’s because it is exactly what they would get you, but you would get billed a lot of money for this to happen.

3. Accept their plea.

It’s that simple.  Agree to plea guilty on the phone.  You will still have to go to your court date.  Once again lets follow all the rules of the court.  Don’t be an idiot (seriously this way you can tell all our friends about the idiots you saw during your day at court.)  Prior to your appearance before the judge, you will meet the prosecuting attorney and sign your admission of guilt for the lesser charge.  Once your case is called the prosecuting attorney will tell that judge you agree to plea for a lesser charge.  Case complete.

4. Meet the terms of your agreement.

So far does this sound to good to be true.  It’s not, but your not walking away Scot free.  Your lesser punishment will still include penalties.  Typically you will still be required do the following:

• Pay a fine
• Attend a driving class
• Attend a seminar about dangers of driving drunk
• Community Service

Whatever your punishment is, just do it.  Get it done quickly and be on with your life.
That’s it.  You just represented yourself through a DUI case and saved yourself a ton of money.  I sincerely recommend that everyone charged with a DUI not hire an attorney until after to your SECOND court date.  Give the prosecutor time to get to your case and offer a plea bargain.  If you don’t feel the terms of the plea are acceptable or you feel you were wrongly arrested then hire a DUI attorney.

Find an attorney who is familiar with DUI offenses and has the connections and expertise to gain the best possible outcome.

Below are some key characteristics to look for when deciding on legal counsel to help in a DUI arrest.

• Make sure the attorney is ABA (American Bar Association) approved in your state.
• Find out if there are any complaints against the attorney. If there are, decide how pertinent they are to your case and if they warrant continuing the search.
• Does the lawyer have an established payment arrangement – one that meets your needs?
• Are they available to handle your case from start to finish? Make sure the DUI attorney has the resources to handle all aspects of your case.

Finding a DUI attorney to help you fight your DUI offense, may help lighten the harm to your financial, social and overall well being.