how can an attorney get you out of a dui

In cases such as this, your attorney can work out a plea bargain for a lesser charge, such as reckless driving. You may still be hit with penalties and fines, but they will not be as harsh as the penalties for a DUI conviction. The best thing you can do at this point is gather all of your information and consult with a DUI attorney.

Full Answer

How can I get Out of a DUI case without jail?

According to Florida law, a Driving Under the Influence (DUI) conviction can remain on a person’s driving record for 75 years. DUI charges also cannot be expunged in Florida. However, with the legal help of a lawyer at The Law Place, you may be able to lessen your DUI charge. A lawyer may be able to get your case reduced to reckless driving charge instead of DUI.

Do I need a lawyer for a DUI case?

You and your lawyer can discuss the pros and cons of pleading either guilty or not guilty. If you plead guilty to a first-time DUI offense you will receive a minimum of forty-eight hours in jail to a maximum eleven months and twenty-nine days, along with fines and a license revocation of a year. If you decide to take the case to trial then your lawyer will fight along-side you and hope …

Can you plead out a DUI case for a lesser charge?

How to get out of a DUI or DWI? Skilled DUI lawyers have many ways to get out of a DUI or DWI by identifying reasonable doubts or legal flaws in evidence needed to convict under VC 23152(a). Inaccurate breathalyzer BAC tests, police report errors, various medical conditions and improper police procedure can all be used to get out of a DUI in court.

How can I beat a DUI charge in California?

Nov 07, 2018 · You can find it here: Los Angeles DUI Attorney. 5670 Wilshire Boulevard. Suite #1860. Los Angeles, CA 90036. 424-285-5400. https://www.losangeles-duiattorneys.com . We’ve prepared in this article the best tactics that your lawyer should use to get you out: Test errors on breathalyzers. The DUI breath tests are the most common tests found when it comes to the …

Problems with Evidence

Did you perform roadside tests? If you did, know that you were actually under no obligation to do these tests. We realize this is hindsight advice, but part of the reason you are not obligated and should refuse is because these test results are argumentative at best.

Pleading Out a DUI for Lesser Charges

Some states absolutely frown upon pleading out DUI cases for lesser charges, but there are still plenty of states that give prosecutors some leeway when the evidence is not overwhelming against the defendant. In cases such as this, your attorney can work out a plea bargain for a lesser charge, such as reckless driving.

What are the criteria for stopping drivers?

The criteria for stopping drivers has to be neutral. Police should publicly advertise roadblock locations ahead of time. The time and duration of the sobriety checkpoint should show "good judgement.". The checkpoint must display sufficient indicia for its official nature to be clear.

What medical conditions can cause mouth alcohol?

Even the best Breathalyzer DUI breath tests are susceptible to false readings from the following medical conditions that can create mouth alcohol caused by acid traveling from the stomach to the mouth: Gastroesophageal Reflux Disease (GERD) Hiatal hernia. Heartburn or acid reflux.

What is a 1538.5 motion?

This suppression motion or "1538.5 motion" can exclude the DUI BAC tests from admissible evidence, except for DUI sobriety checkpoints.

What is the BAC limit for driving in California?

The California BAC limit for legal driving is: .01% or higher: If you’re under 21 years old or are on DUI probation for a prior DUI conviction. .04% or higher if: You are driving a passenger for hire vehicle with a passenger (i.e. Uber, Lyft and taxi drivers) effective 7/1/18, or.

What is a BAC chart?

BAC chart: Estimated blood alcohol chart. There are many factors that affect a person's blood alcohol concentration (BAC) when drinking. The blood alcohol level charts below estimate the BAC effects of drinking based on the person's: gender, weight and type of drink.

What is the BAC of blood?

Blood is an organic substance that decomposes due to enzymes and bacterial action. Decomposition can create alcohol in the blood. Blood samples with no alcohol can generate BAC readings of .25 or more, depending on the amount of fermentation.

What does it mean when your BAC is above the legal limit?

“Rising blood alcohol” defenses apply when your BAC was below legal limits when driving, but rose above the California blood alcohol limit by the time Police tested your BAC level.

How many DUI cases have been handled by a criminal defense attorney?

A criminal defense attorney who has handled at least 25 trials will have likely handled hundreds of drunk driving cases, with many of the cases having the DUI reduced to reckless driving, or totally dismissed.

When did DUI defense attorneys start training?

I sponsored the first training in America, in Atlanta, in July of 1994. Since then, the availability of training courses has grown to the point that a dozen or more courses per year are offered across America annually. About 1 in 20 DUI attorneys in America (+/- 5%) have taken the time and money to obtain this invaluable training course, and he or she should be willing to show you his or her certificate. (Mr. Head’s FIRST “Student” certificate is posted below.)

How many breath tests can police use?

Other states limit their police forces to one breath testing device, and to a specific model number. By way of example, the state of Georgia once had the Intoximeter 3000 breath device (made by Intoximeters, Inc.) as its sole and exclusive breath tester, from the 1980s until December of 1994.

What is a demurrer in a court case?

This is sometimes called a demurrer or motion to quash. Typographical or drafting errors in the accusation, made by the prosecutor, can create a “win” for the defendant if critical language is omitted in the wording. This is sometimes called a demurrer or motion to quash.

How to protect your license?

Posting bond, getting out of jail, and protecting your right to drive (by filing a legal challenge (appeal) to the administrative license suspension or administrative license revocation in some jurisdictions) are the first steps to take to protect your right to drive. The ALS or ALR appeal typically keeps you driving legally, although (in the past decade) some states have added the requirement of installing an ignition interlock device, as a condition of being allowed to drive.

How long does it take to get an appeal letter?

Additionally, the time frame for getting the appeal letter filed VARIES from 5 to 30 days. Plus, some states count “calendar” days, and some states count “business” days (e.g., weekdays that are not holidays.)

What happens if you stop your car?

Once you have stopped your vehicle, an officer exercising his or her community caretaking functions can stop, too, and needs no reasonable suspicion of a crime occurring to legitimately come in contact with you. Be smart and avoid a needless risk of arrest by stopping your vehicle for such reasons.