DUI Information


First Things First

Do I Have To Go To Court

Weighing Your Options

Downfalls of Representing Yourself

Saving Your License

Your First DUI

2nd DUI/Multiple DUIs

DUI & Trial Defenses

Job Consequences

Treatment Programs

Alternatives To Jail

Under 21- Zero Tolerance

Out of State License

DUI With Injury/Accident

Field Sobriety Tests (FSTs)

The evidence against you in a DUI case

What To Do If Stopped

 

Weighing Your Options

When facing a DUI charge, many people do not know where to turn.  Defending your rights can be hard without an intricate knowledge of the legal system, which is why many people choose to work with an attorney in this situation.  Although everyone has the right to represent themselves in the face of criminal accusations, it is often worth the financial demands to hire an attorney.  Utilizing the knowledge and experience of a defense lawyer can simplify the legal process and increase your likelihood of success in the courtroom.

Benefits of an Attorney

The costs of hiring an attorney may be high, but they can easily overwhelm the risks.  If you are unsure whether or not a lawyer is for you, consider the following information:

  • A lawyer may be able to help you disprove the “evidence” against you, such as breathalyzer or sobriety testing results.
  • Without an attorney, you may not be able to reach a fair settlement because you are unsure of the typical penalties for a DWI/ DUI charge.
  • An experienced attorney may be able to minimize the possible consequences or get the charges dropped completely.
  • Attorneys deal with the ins and outs of the legal system every day, and know what it takes to build an effective case.

The sooner you reach out to a legal professional that is experienced with DUI defense, the easier the entire process may be.

Saving Your License/ First DUI

The first DUI charges that a person faces may involve somewhat serious complications, but in many situations, a lawyer can help to reduce the severity of the penalties.  One of the issues that many convicted individuals face is a license suspension.  This can create serious complications for a person, but by fighting the accusations, many are able to keep their licenses or reduce the amount of time that they are without an active license.

Lawyers understand this process and will work hard to prove that the sobriety tests used as evidence in your case are not enough to suspend your license.  For more people, a first offense is the easiest to work through, but there is still considerable need for a qualified attorney.

Multiple DUI Offenses

Another DUI offense after your initial conviction can be more difficult to overcome without penalties.  If a person is convicted more than once within a certain timeframe, they may face consequences as a “multiple offender”.  Once a person has already been convicted it is even more important for them to work with an experienced and effective lawyer.

For second, third, or fourth convictions, a person will most likely face mandatory jail time, alcohol rehabilitation, license suspensions, and the installation of an ignition interlock device.  After several conviction, the person may be at risk of facing felony convictions which can be even more serious.  It is imperative that those facing multiple offenses contact an attorney as soon as they can in order to fight the charges.

DUI and Trial Defenses

Building a strong trial defense is the basis of a successful DUI case.  When a lawyer takes a case, they will begin working on their defense immediately to help prove their client was innocent or that the charges are egregious.  A knowledgeable attorney will be able to negotiate a plea bargain, fight to prove your innocence, or even drop the charges completely.

Winning at Trial

Not all cases go to trial, but when they do, it is important that your attorney is prepared to face the challenges of the courtroom.  A qualified attorney will understand the subtle differences of handling a case in court rather than one on one with another lawyer.  At Dewey, Lowe, and Gallagher, we are prepared to take a case as far as it needs to go to ensure that our client receives the best possible representation.

Common Defenses Lawyers Use To Get That “Not Guilty” Verdict

The legal process associated with DUI and DWI cases can be extremely complicated.  Every detail is important in assessing a person’s innocence or guilt and it is important that law enforcement officers, accused individuals, and legal teams do their job correctly or the foundations of the case may be compromised.  Some of the most common defenses that lawyer use to prove their clients are innocent or facing unfair accusations include:

  • The field sobriety test used to determine intoxication is unreliable and unfair.
  • The Blood Alcohol Content (BAC) of the driver was not over the limit when they were driving.
  • Breathalyzers do not provide adequate information.
  • A single officer’s testimony is not enough to convict a person of driving under the influence of alcohol or drugs.

Consequences for Professional Drivers

If you drive a truck, taxi, school bus, or are required to travel for your job, it is important to discuss the possible consequences with your lawyer as soon as you are aware of the terms of your alleged crime.  There are not universal laws stating what the job-specific consequences are for this type of charge or conviction, so you may need to review your company’s policies as you work through your case.

Many businesses offer probation periods rather than termination issues for employees willing to undergo alcohol treatment programs.  Certain situations may allow for drivers to retain a hardship license, but some may lose their right to drive for a certain period of time.  Working out the details with a trusted lawyer is the best way to find out what type of penalties you may face if you are convicted.

Programs

Alcohol treatment programs are only sometimes mandatory for people facing DUI charges, but they can help to reduce the non-legal penalties associated with a DUI conviction.  Often, part of the condition for a settlement that includes probation is that the driver attends a type of alcohol awareness program, but if the individual is found guilty, the program may be required in addition to other penalties.

Jail

The thought of spending time in jail is one of the most frightening prospects many people accused of a DUI may face.  Jail time is not a guaranteed penalty for anyone, but the likelihood of facing this type of punishment increases with the severity of the alleged crime.

By working with an attorney you can greatly increase your chances of avoiding a jail sentence, deferring the jail time, exchanging jail time for a probation sentence, or even dropping the case completely.  If you are facing DUI or DWI charges, the criminal defense attorneys of Dewey, Lowe, and Gallagher are available to help.  Contact our offices at any time to speak to our team about your case, your rights as an accused individual, and the ways that we can work to protect your best interests.