why an attorney is needed for dui cases

by Dr. Krista Kling 10 min read

You should hire an attorney for a DUI case because doing so gives you your best chance of not spending time in jail, not having your driver’s license suspended, and/or not paying several thousand dollars in fines and fees. Also, in most states, a DUI conviction will remain on your record for life.

Defense against potential charges
DUI attorneys are responsible for minimizing the sentences of their clients to the best of their ability, and they may be familiar with helping drivers understand what they can do to reduce financial and legal harm following a DUI arrest.

Full Answer

How long does a DUI attorney have to pay insurance premiums?

How long do you have to report a DUI?

Is driving under the influence illegal?

Can you drive after being arrested for DUI?

image

Should I get a lawyer for DUI in California?

The short answer is: yes, you should definitely hire a DUI attorney to defend you because if you're not familiar with California DUI law, it will be difficult for you to properly defend yourself. The DUI Attorneys at The H Law Group have extensive experience defending those who have been charged with drunk driving.

How do you beat a DUI in Virginia?

Virginia DUI Defenses: 8 Defense Strategies to Beat a DUI ChargeDefenses Against DUI Charges in Virginia. ... Lack of Reasonable Suspicion. ... Lack of Probable Cause. ... Challenging a DUI Field Sobriety Test. ... Challenging the Horizontal Gaze Nystagmus (HGN) Test. ... Challenging the Breath Test. ... Challenging the Blood Test.More items...•

How do I beat a DUI in Tennessee?

There are two ways to generally beat the rap on a D.U.I. Taking the case to a trial and winning a not guilty verdict (or having the case dismissed on a legal ruling such as the officer conducting an illegal traffic stop).

How much is a DUI attorney in California?

For a first-time misdemeanor DUI, a DUI attorney generally costs in the ballpark of $1,500 to $5,000. A California DUI Lawyer Association (CDLA) Specialist often starts at $2,500 – $4,500. Immediately get a free online DUI attorney consultation form – click now for a $1,000 Discount.

What happens first DUI in Virginia?

In Virginia, a first-offense DUI is a Class 1 misdemeanor. The conviction penalties include up to 1 year in jail and/or a fine of up to $2,500, with a mandatory minimum of $250.

How likely is jail time for first DUI in Virginia?

First Time DUI Penalties If found guilty of a first DUI in Virginia, the penalties are set by statute: Up to one year in jail. Up to $2,500 in fines. A mandatory alcohol education class.

Can a DUI be dismissed in TN?

DUI convictions, for instance, can never be expunged, no matter how long ago they were committed. Fortunately, it is often possible to have a DUI charge dismissed if a person was never officially convicted of the offense.

How do you get a DUI dismissed in Virginia?

How Can I Get My Virginia DUI Case Dismissed? (Part A)Invalid Stop. A strong argument that your attorney can make is that of an invalid stop. ... Weaving Within the Lane. An officer's observation of weaving within the lane is at best a subjective testimony. ... Changing Lanes Without a Signal. ... An Anonymous Tip From a Citizen.

What happens with first DUI in TN?

DUI Penalties in Tennessee 1st Offense – Up to 11 months 29 days in jail, $350-$1000 in fines, DUI School and/or Victim Impact Panel, and possible Ignition Interlock Device (IID). Mandatory 7 days in jail if BAC is over . 20%. 1-year license revocation.

How much is a first offense DUI in California?

For a first-offense DUI in California, consequences for conviction generally include three years of informal probation, fines of $390 plus “penalty assessments” (totally approximately $2000, and completing a first offender alcohol program that consists of a 30-hour class, at a cost of about $500.

How much is a DUI 2022 California?

Between $1,800 – $18,000 in penalties and fines. 3-year mandatory license suspension. Mandatory 120 day to 1-year jail sentence. Mandatory Ignition Interlock Device installation.

How much is a DUI lawyer in PA?

With a range of between $300 and $10,000, you can see how just how a great DUI attorney can save you money. A bad one will not argue for a low fine and just accept whatever the court says.

How do you get a DUI dismissed in Virginia?

How Can I Get My Virginia DUI Case Dismissed? (Part A)Invalid Stop. A strong argument that your attorney can make is that of an invalid stop. ... Weaving Within the Lane. An officer's observation of weaving within the lane is at best a subjective testimony. ... Changing Lanes Without a Signal. ... An Anonymous Tip From a Citizen.

Is your license suspended immediately after a DUI in Va?

An administrative license suspension in Virginia occurs immediately after a driver is charged with Driving Under the Influence (Va. Code §18.2-266, Va. Code §18.2-266.1, Va.

How long does a DUI stay on your record in Virginia?

A DUI is a Class 1 Misdemeanor in Virginia. Unfortunately for anyone convicted of a DUI in Virginia, that criminal conviction will remain on their criminal record forever. There is no time limit for when a DUI conviction will drop off or when a driver convicted can have their DUI expunged.

How much does a DUI cost in Virginia?

According to Virginia State Code Section 18.2-270, you can face up to 12 months in jail and a fine of $250 to $2,500, for a first conviction, and up to one to five years in prison and a fine of at least $1,000, if convicted of involuntary manslaughter or maiming as a result of driving under the influence.

How long does a DUI attorney have to pay insurance premiums?

Your DUI attorney can also negotiate lesser charges in your case in order to avoid high-risk insurance premiums. These premiums are mandatory for at least three years after receiving a DUI and can have a serious impact on your financial situation.

How long do you have to report a DUI?

As with any criminal case tried in the court system, you will be required to report for probation for at least ninety days if you’re found guilty of a DUI charge. But, a DUI attorney may be able to reduce your charges so that probation is not on the table.

Is driving under the influence illegal?

Driving under the influence is dangerous and illegal . And, if you’re caught you could face jail time and fines, not to mention humility. The best thing you can do to avoid a DUI is to hand over your keys or find a different mode of transportation if you’ve been drinking.

Can you drive after being arrested for DUI?

As soon as you’re arrested for a DUI, your license is immediately restricted until further notice. You won’t be able to drive at all for the period of time which you are going through court proceedings. But, a DUI attorney may be able to get your charges reduced enough so that you can get your license back when the case is over.

Helping You Navigate Your Case

A DUI attorney can assist you in numerous ways, whether it be reducing your sentence or getting your case dismissed. In some cases, one may want to plea bargain in exchange for lesser charges. Your DUI attorney will understand how the prosecutor on your case works and what sort of arguments can result in a reduced plea.

Schedule a Free Case Evaluation with One of Our DUI Attorneys to Get Started!

If you were charged with a DUI, the knowledgeable criminal defense team at Patterson Weaver Law, LLC can fiercely advocate on your behalf and protect your rights and future. Backed by a proven track record of successful results, you can rely on us to obtain the best possible outcome for your case.

How does a DUI affect your life?

Even a first offense DUI will drastically change your life. A repeat offender faces even tougher penalties. You could lose your license for a much longer period of time. You might receive a longer jail sentence. You could become uninsurable, or, if you are fortunate enough to find a company willing to offer you a policy, your monthly payments could make it impossible for you to make ends meet. From the very beginning of your case, we are looking for opportunities to reduce the consequences that you could be facing.

Does a DUI in Hawaii result in a high fine?

You probably know that a DUI brings high fines, increased insurance costs and possible jail time. In Hawaii, a conviction may also result in an ignition interlock device being installed in your vehicle, and you will be responsible for the installation and monitoring costs that go along with this device.

What do you need to prove a DUI?

The elements of a DUI charge vary by state, but prosecutors typically need to prove the defendant was: under the influence or intoxicated. In some states, the prosecution must additionally prove that the defendant was on a public roadway (as opposed to private property) while driving or operating a vehicle under the influence.

What is a DUI called?

This article outlines the basic elements of a DUI (called driving while intoxicated (DWI) or operating under the influence (OUI) and a number of different terms in some states).

What are the elements of a DUI?

All crimes are broken up into elements—the parts of the crime that the prosecution must prove beyond a reasonable doubt before a jury or judge can find you guilty at trial. The elements of a DUI charge vary by state, but prosecutors typically need to prove the defendant was: 1 driving or operating a vehicle, and 2 under the influence or intoxicated.

How many options does the prosecution have for proving that you were under the influence?

The prosecution has two options for proving that you were under the influence:

What is a per se DUI?

by showing your blood alcohol concentration (BAC) was at or above the legal limit (.08% in almost all states, though underage drivers may be subject to lower limits ), often called a “ per se” DUI, and/or. by proving that you were actually impaired by drugs, alcohol, or a combination of the two.

Can you get a DUI if you are intoxicated?

But there are also many states where the DUI laws don’t require proof that you were driving on a road that was accessible to the public—driving while intoxicated anywhere in the state is enough for a DUI conviction.

Can you get a DUI for driving on your own property?

So, in these states, you generally can’t be convicted of a DUI for driving on your own private property, even if you do so while extremely intoxicated.

How long does a DUI attorney have to pay insurance premiums?

Your DUI attorney can also negotiate lesser charges in your case in order to avoid high-risk insurance premiums. These premiums are mandatory for at least three years after receiving a DUI and can have a serious impact on your financial situation.

How long do you have to report a DUI?

As with any criminal case tried in the court system, you will be required to report for probation for at least ninety days if you’re found guilty of a DUI charge. But, a DUI attorney may be able to reduce your charges so that probation is not on the table.

Is driving under the influence illegal?

Driving under the influence is dangerous and illegal . And, if you’re caught you could face jail time and fines, not to mention humility. The best thing you can do to avoid a DUI is to hand over your keys or find a different mode of transportation if you’ve been drinking.

Can you drive after being arrested for DUI?

As soon as you’re arrested for a DUI, your license is immediately restricted until further notice. You won’t be able to drive at all for the period of time which you are going through court proceedings. But, a DUI attorney may be able to get your charges reduced enough so that you can get your license back when the case is over.

image