Charged with a DUI: Should I Hire a Lawyer?

Yes. Regardless of the situation, circumstances or previous offenses, the answer is a resounding yes. I can say this with absolute certainty because I've seen how dramatic the implications of a DUI can be, and I've also seen seemingly hopeless (hopeless from a clients perspective) cases where the defendant walks away with no charge and no penalties.

Click here to view articles written by David Sobel pertaining to DUI's and other situations.

What Can a DUI Lawyer Do for Me?

The court system is confusing and having someone to guide you through the process is important. Having a lawyer represent you will not only make sure that your rights are being protected, but will also make sure that you are aware of all your options. Having experienced legal representation can ensure you get the fairest trial and suffer the fewest legal consequences.

An attorney has many tools with which to fight a DUI charge. Many people are unaware of just how many different ways there are to challenge a DUI. Below are some aspects of the arrest that can be scrutinized in court.

The Traffic Stop and DUI Investigation

The validity and reason for the stop will be evaluated to determine whether the officer has the requisite reasonable suspicion or probable cause necessary to stop you vehicle. The fourth amendment requires that the police have a certain level of suspicion to invade on your privacy. If the office legally stopped your vehicle then it is necessary to evaluate if the officer had the reasonable suspicion necessary to detain you longer than was necessary to conduct the initial traffic stop and conduct a DUI investigation. There are many circumstances under which the stop and/or a DUI investigation can be deemed illegal. These are all issues that an attorney will be able to research and potentially argue to the judge in a pre-trial motion.

Arresting Officers Video

The video taken by the police, if one is created, can be reviewed to find any fault in the arresting officer’s procedure. There are wide arrays of mistakes that an officer can make that will result in the arrest being deemed illegal. Moreover, the video will allow an experienced attorney the ability to scrutinize the interactions that occurred between the officer and the defendant.

DUI Arrest and Administration of Blood Test

Officer may administer a blood test in the hopes of strengthening their case against the defendant. However, there are only a few situations where a blood test can be legally administered. Just because a blood test is administered, doesn’t mean that it is admissible in court.

The Breathalyzer is By No Means Concrete Evidence

There are numerous cases in which the administration of a breathalyzer test can be thrown out as evidence. Whether the machine has been calibrated and maintained properly, or the arresting officer obtained your breath sample in a legal manner, there are several ways to discredit the results as evidence in court. A breath test result only shows what your breath alcohol concentration was at the time of the test, it doesn’t show what your breath alcohol concentration was while you were driving.

Field Sobriety Exercises

Field sobriety exercises are inherently difficult, and not an accurate measure of intoxication. Many times, even completely sober people will appear intoxicated due simply to the difficult nature of these exercises. It is important to scrutinize not only the defendant’s performance on the exercises but also the directions given by the officer. An experienced attorney will be able view and analyze your performance

An Experienced DUI Lawyer Can make a Huge Difference

Having someone on your side that is experienced in handling DUI cases can make a tremendous difference in the outcome of your case. This is a lesson that many people learn too late.

Hiring an DUI Lawyer

One of the most common reasons a defendant doesn’t hire an attorney is that they are expensive. Many people are reluctant to talk to a DUI lawyer, assuming the charge is not that serious, and the cost of a DUI lawyer is unnecessary. This is a very valid point, any good lawyer is going to be expensive, but that is because of the value of the service that they provide. Having someone who is looking out for your best interest is not only necessary but essential. The state has the prosecutor representing them, why shouldn’t you have someone representing you?

Penalties:

All DUI’s have a mandatory adjudication. If you are convicted of a DUI, there are mandatory penalties.

1st DUI Conviction:

  • Up to $1000 fine
  • Up to 9 months jail
  • Driver’s license suspension 180 days – 1 year
  • 1 year probation
  • Vehicle impoundment
  • Possible ignition interlock device
  • Mandatory community service
  • Alcohol screening and counseling
  • Florida DUI school

2nd DUI Conviction

  • Up to $2000 fine
  • Up to 1 year jail sentence
  • Driver’s license suspension up to 5 years
  • 1 year probation
  • Vehicle impoundment
  • Ignition interlock device
  • Mandatory community service
  • Alcohol screening and counseling
  • Florida DUI school

3rd DUI Conviction

  • Up to $5000 fine
  • Up to 5 years in prison
  • Up to 10 year driver’s license suspension
  • Up to 5 years probation
  • Vehicle impoundment
  • Ignition interlock device
  • Mandatory community service
  • Alcohol screening and counseling
  • Florida DUI school

4th DUI Conviction

  • Up to $5000 fine
  • Up to 5 years in prison
  • Permanent driver’s license suspension
  • 5 year probation
  • Vehicle impoundment
  • Ignition interlock device
  • Mandatory community service
  • Alcohol screening and counseling
  • Florida DUI school

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