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Jan 29, 2019

Why You Should Hire a DUI Attorney

Driving under the influence or DUI is a serious charge that can have dire consequences. Depending on circumstances such as your blood-alcohol concentration or whether anybody was injured or killed due to your actions, you could face serious jail time and hefty fines, not to mention the almost certain loss of your driving privileges for a period of time. As with most other criminal charges, it is in your best interest to speak to an attorney if you are charged with a DUI. You will need someone who knows about the DUI laws in your state and who can at the very least provide you with legal advice. Depending on your situation, you may also need to hire a DUI attorney to represent you in court. With that being said, here are some tips that will help you determine what you will need from your attorney. When You Do Not Need a DUI Attorney Even though you should never hesitate to ask an attorney for legal advice if you’re facing a DUI charge, you might not require their representation in court if it is your first offense and there were no injuries. If it is on record that your blood-alcohol concentration was fairly high (such as anything above a 0.08) and there is evidence that shows that you were impaired, there isn’t much you can do to avoid a DUI conviction. You are usually better off facing the standard penalties for a first-time offender rather than spend time and money defending yourself in court. When You Should Hire a DUI Attorney On the other hand, there are some situations where you should definitely hire a DUI attorney to represent you in court. If it turns out that the case against you isn’t as airtight as it first seemed, you might be able to arrange for a plea bargain and accept a plea for a lesser charge. You can also negotiate for a lesser sentence if you are willing to have a DUI on your record. In any case, you will need a DUI attorney to help negotiate the charge. Your attorney will have experience with such scenarios, so while there is no guarantee that you will succeed in reducing your sentence or be convicted of a lesser charge, you will stand a much better chance if you have someone on your side. Even though there are situations where it seems easier to not hire an attorney for an expensive court battle, you should never hesitate in speaking to a DUI attorney if you feel like you need one. An experienced attorney will be able to provide you with all the counsel you need to face the charges against you, and they might even be able to arrange for a lesser sentence. With as serious as a DUI charge can be, you will need all the help you can get. Driving while drinking or on drugs is a serious offense with serious consequences. Fines and jail time are common place in these scenarios and if you don’t have someone in your corner, the prosecution will be free to push for as high of a penalty as possible. A Bucks county DUI attorney, like any other attorney, has the job of protecting your rights and helping you take the minimal penalty. Their technical jargon and knowledge of the state laws, depending on the state Your in, can pull you through what would otherwise be a total disaster. Let’s have a look at some of their knowledge base.

Do You Need One?:

Before we look into what a DUI attorney can do, we need to establish if you can receive help in your situation. An attorney won’t be able to help you, or won’t need to help you in these situations:

  • First Offense- penalty will of course still be applied, but it probably won’t be as bad as if you were a repeat offender
  • No One Was Hurt- this is the ideal scenario if you are convicted. Penalty will be minimal.
  • It’s Obvious that You’re Drunk- Alcohol on your breath, slurred speech, and a high BAC(limit 0.08)are tell tale signs to an officer.

These situations will probably result in a guilty plea or “no contest”. At that point the penalty is assigned and it’s curtains for you. Even still, it couldn’t hurt to consult an attorney in the situation where a factor in your case requires legal assistance.

What an Attorney can Do:

Now that we’ve ruled out the possibility of not needing an attorney, let’s go over the knowledge base of a DUI attorney. A Plea Bargain– If the case for the prosecution isn’t rock solid, further trials can be made to come to a final conclusion. This of course costs the state more money and that’s not always something they’re willing to give up. In this scenario, your DUI attorney can negotiate with the prosecution on a plea bargain. This is where your attorney’s charisma comes into play. If your attorney can convince the prosecution, you can plea guilty and receive a lower penalty. Go you! The potential charges you can plead down to are things like “reckless driving”, but in California there’s something called “Wet Reckless”. This means that the use of alcohol is recognized, but the sentence is far less intense than a DUI charge, keeping you out of jail and protecting your licsense from being suspended if your BAC isn’t above .08%. Keep in mind that “Wet Reckless” is still a DUI charge on your record, so don’t get convicted twice.

DUI Involving Drugs

In addition to helping with the sentence, a DUI attorney can also negotiate away any random drug testing or conditions of probation. In retrospect, it seems a bit underhanded, but not if you’re the one getting help. So, in short, DUI attorneys are important to your case and can be the difference between a second chance and years in prison. When you think about it, they might just be worth the money and hey, you know your Miranda rights, so you’ll be provided one anyway.

Driving while drinking or on drugs is a serious offense with serious consequences. Fines and jail time are common place in these scenarios and if you don’t have someone in your corner, the prosecution will be free to push for as high of a penalty as possible.

A Bucks county DUI attorney, like any other attorney, has the job of protecting your rights and helping you take the minimal penalty. Their technical jargon and knowledge of the state laws, depending on the state Your in, can pull you through what would otherwise be a total disaster. Let’s have a look at some of their knowledge base.

Do You Need One?:

Before we look into what a DUI attorney can do, we need to establish if you can receive help in your situation. An attorney won’t be able to help you, or won’t need to help you in these situations:

  • First Offense- penalty will of course still be applied, but it probably won’t be as bad as if you were a repeat offender
  • No One Was Hurt- this is the ideal scenario if you are convicted. Penalty will be minimal.
  • It’s Obvious that You’re Drunk- Alcohol on your breath, slurred speech, and a high BAC(limit 0.08)are tell tale signs to an officer.

These situations will probably result in a guilty plea or “no contest”. At that point the penalty is assigned and it’s curtains for you. Even still, it couldn’t hurt to consult an attorney in the situation where a factor in your case requires legal assistance.

What an Attorney can Do:

Now that we’ve ruled out the possibility of not needing an attorney, let’s go over the knowledge base of a DUI attorney.

A Plea Bargain- If the case for the prosecution isn’t rock solid, further trials can be made to come to a final conclusion. This of course costs the state more money and that’s not always something they’re willing to give up. In this scenario, your DUI attorney can negotiate with the prosecution on a plea bargain. This is where your attorney’s charisma comes into play.

If your attorney can convince the prosecution, you can plea guilty and receive a lower penalty. Go you! The potential charges you can plead down to are things like “reckless driving”, but in California there’s something called “Wet Reckless”.

This means that the use of alcohol is recognized, but the sentence is far less intense than a DUI charge, keeping you out of jail and protecting your licsense from being suspended if your BAC isn’t above .08%. Keep in mind that “Wet Reckless” is still a DUI charge on your record, so don’t get convicted twice.

DUI Involving Drugs:

In addition to helping with the sentence, a DUI attorney can also negotiate away any random drug testing or conditions of probation. In retrospect, it seems a bit underhanded, but not if you’re the one getting help.

So, in short, DUI attorneys are important to your case and can be the difference between a second chance and years in prison. When you think about it, they might just be worth the money and hey, you know your Miranda rights, so you’ll be provided one anyway.

Will I have to get a breath test device on my car

If you’ve been convicted of driving under the influence (DUI), then one of the penalties may be a requirement to have an ignition interlock device, also known as a breath test device, installed on your car. Whether or not you must get one installed depends on the circumstances of your case and your state. Factors that could require you to have an ignition interlock device installed in your car include having a blood alcohol content (BAC) above a certain amount or having multiple DUIs on your record.

In some states, you can have an ignition interlock device installed to avoid a suspension of your driver’s license. This enables you to continue to drive to work, school or anywhere else you need to go, so you don’t end up inconvenienced like you would with a suspended license.

How does an ignition interlock device work? It’s essentially a breathalyzer installed into your car, and you must provide a breath sample before you can start your car. If the device determines that your BAC is at or above the programmed maximum, which is typically .02, then it interrupts the signal from the starter to your engine, which prevents your car from starting. Depending on the device, you may need to wait for a set amount of time before you can provide another breath sample. If you continue to fail its test, then the amount of time you must wait will be longer after each successive failure. For example, you may need to wait 5 minutes to provide another breath sample after one failure, 15 minutes after the next failure, 45 minutes and then finally 24 hours.

Ignition interlock devices also typically have rolling retests which require you to provide a breath sample while you’re driving. This prevents you from drinking after you’ve gotten your car started, or from having another person provide a breath sample to start your car while you’re intoxicated. If you fail that breath test, the device will create an alarm, which could be flashing your car lights, honking the horn repeatedly, or both. It will do so until you pull over and shut the car off.

The court, DMV or your probation officer can review the logs from your ignition interlock device, depending on which one mandated the installation of the device. Some devices send log information wirelessly, whereas others store logs which can be printed out or downloaded when the device is being calibrated. The cost of installing an ignition interlock device is usually anywhere from $100 to $200, and calibration costs about $60 to $80. Ignition interlock devices may need calibration every 30, 60 or 90 days.

A failure on a rolling retest is a bigger issue than a failure on an initial test, because there are things that can artificially raise your BAC for that initial test. For example, if you recently used a mouthwash with alcohol, that could result in you failing your initial test. On the other hand, if you pass your initial test, there aren’t any valid reasons why you would fail a retest unless you started drinking after or it wasn’t you that took the initial test. If you do have issues on your ignition interlock device’s log, it could result in further penalties.

If you are being charged with a DUI, it’s smart to consult with a defense attorney to go over your options and prepare your defense. Your attorney will be able to explain to you possible circumstances in which you’ll need to install one of these devices in your car. Depending on the strength of the prosecution’s case, your attorney may be able to get your charges reduced through a plea deal for a reckless driving charge, which typically doesn’t result in a suspended license. This will save you the expense and the inconvenience of having an ignition interlock device installed and then calibrated every month.

Why You Should Hire a DUI Attorney

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Manhattan

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New York, NY 10005

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Queens

35-37 36th St,
Astoria, NY 11106

Phone

888-977-6335

Brooklyn

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14th Floor,
Brooklyn, NY 11201

Phone

888-977-6335

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