You, or someone you care about, have just been arrested for DUI. What now?

First: You only have 10 days from the date of your arrest to request a DMV hearing. If you miss that deadline, you have waived your right to a hearing, and your license will automatically be suspended after 30 days, period. Do not miss this deadline! By filing the hearing request (and I do it by fax for all my clients, to prove it was done on time), your driving privileges are not suspended after 30 days. Instead, you are allowed to drive as if the DUI arrest never happened, until and unless you lose the DMV hearing, which will be scheduled for months away; this loss may not happen at all, as a skilled DUI lawyer will generally win better than half of their DMV Hearings. If a loss at the DMV is unavoidable, a lawyer can help with the timing of any suspension so it is least disruptive to your life, or help you get a restricted license to drive for work.

Next: do not assume all is lost. The issues that win cases are not always known at the outset. They require investigation, and you may not necessarily know what to look for. A good DUI lawyer will. Just because a breath test result is a .12, or a blood test result is a .15, don’t assume that your case is not worth fighting.

For example, in any case involving a breath test, I will obtain the calibration records, maintenance history, and accuracy checks of the machine that was used to test my client. If there are problems in any of these areas, the results may be excluded. If it is a blood test, I insist upon obtaining a “split” of the blood sample for independent testing. There are certain requirements about how these blood samples are to be taken and preserved. If there is an inadequate level of preservative or anti-coagulant, the blood may actually ferment and produce its own alcohol, rendering the results completely meaningless.

In our justice system, the prosecution bears the burden of proof, meaning that in order to earn a conviction, the prosecutor must convince all 12 jurors of your guilt beyond a reasonable doubt. If even one juror votes “not guilty”, the jury is hung, and more often than not, the case is dismissed. So how does the prosecution go about its business of trying to prove guilt?

There are four distinct aspects to the case that a prosecutor will use: driving pattern, physical appearance, Field Sobriety Test performance, and chemical test results. The case is like a table with four legs; if one of those legs is broken, the table cannot stand. Likewise, if there is reasonable doubt regarding any aspect of the case, an accused should be acquitted.

The driving pattern that police officers typically report is incomplete, and one-sided. They only jot down those things that the driver does wrong. A trained DUI defense lawyer will point out the many things their client does right. By pointing out the ways in which a driving pattern is consistent with sobriety, a DUI lawyer can rebut this aspect of the prosecution’s case.

Physical symptoms may appear at first glance to be damning evidence of guilt; they are usually an opportunity to point out what a lousy job of investigation was done by the officer. Police will point to red, watery eyes as a symptom of impairment, but never even bother to ask if someone is fatigued, has allergies, has been around cigarette smoke, or if there is any other reason for red eyes. An odor of alcohol on the breath may sound bad at first blush; how silly the officers look when they are forced to concede that it is the mixer in the beverage that has an odor, and not the alcohol itself. If you have any question about this, drink a 6-pack of non-alcoholic beer, and compare the strong “beer breath” to the odor following a couple of vodka martinis, which have nearly no odor.

Field sobriety tests can likewise be debunked by a skilled lawyer. How many of us performed physical agility exercises to get our licenses? None. What do these random, unfairly administered physical exercises have to do with driving skills? Nothing. Juries understand that agility suffers when an already nervous person is forced to perform roadside gymnastics after armed, uniformed police officers have forced them out of their car in the middle of the night.

Chemical testing is the fourth “leg” of the prosecution’s table. Keep in mind that before the results are accepted, they must first be proven to be accurate and reliable. If the machines are working properly, if all the regulations regarding testing were observed, if the numbers are indeed accurate, then there are still issues relating to the alcohol level at the time of driving, for this is the crux of a DUI case. It is not illegal to have a .12 back at the police station; that number is only relevant to the extent that we are able to use it to look back and determine the alcohol level at the time of driving. It is quite possible to scientifically demonstrate that someone who is a .12 at the station was really a .06 while driving, once drinking pattern, stomach contents, absorption rate, time of drinking, time of driving, and time of testing are considered.

I hope this information has been eye-opening, and not overwhelming. The point is this: things are not always what they appear to be in a DUI case, and they are never open-and-shut. Put your case in the hands of a trained professional, and you will be gratified with the results.

Weighing Your Options

DUI charge can bring about very serious consequences. Fighting the legal system on your own is extremely stressful and complicated. Although you always have the option of representing yourself, the possibility of having your penalties reduced or your case dismissed will greatly increase if you hire a lawyer.

Experienced, knowledgeable attorneys know the “ins and outs” of the legal system, and can much more effectively produce positive results for your case. More than likely you do not know the common tactics DUI lawyers use to win their cases. These attorneys know exactly which pieces of evidence they can challenge or refute, and how to go about doing so in the most efficient manner. It’s nearly impossible to possess this type of knowledge without a background in the legal field.

At first it may seem cheaper and easier to represent yourself. But in the long run, the price you’ll pay for a lawyer will probably total less than the fines you’ll pay in losing your case! And the incredible relief of knowing you have a practiced attorney on your side can be priceles

Downfalls Of Representing Yourself

Don’t close the door on a lawyer just yet! If you’ve already weighed your options and still think you would benefit more from representing yourself, consider these points:

• You have a much higher chance of winning your DMV hearing with a lawyer defending you (this means no license suspension or court case).

• You probably do not know what information needs to be gathered in order to form a successful case.

• You do not possess the experience lawyers have in dealing with DMV hearings and court cases.

• Lawyers know how to effectively disprove the blood, breath, and/or field sobriety tests that were administered during your arrest.

• Most likely you are unfamiliar with the common penalties of different DUI charges, so you don’t know what a fair settlement would be.

• Prosecutors and judges are more likely to settle your case if you have a competent, respected lawyer on your side.

• A skilled attorney will be able to negotiate substantial reductions in fines, penalties, and other consequences. He/She can usually keep you out of jail on your first DUI.

Remember, a plea of “guilty” does not keep a DUI charge off your criminal record. Your record will only stay clear if you are found innocent or if you negotiate a plea-bargain to a lesser charge!

2nd and 3rd DUI/ Multiple DUIs

If you have a DUI that occurred within 7 years of an earlier DUI you are a multiple offender. The multiple offender presents a special problem to both the client and to the attorney because multiple offenses brings with them mandatory jail time, extended alcohol programs, vehicle impounds, and mandatory license suspensions.

Generally speaking, upon conviction for a second DUI you will have to do two weekends in jail, pay a fine of appx. $1800, complete an 18 month alcohol program, suffer a one year license suspension, and possibly install an ignition interlock device on any vehicle you drive.

A conviction for a 3rd DUI will get you 120 days mandatory minimum jail time, a three year license revocation, an extended period for the ignition interlock, along with the 18 month treatment program and the $1800 in fines.

A fourth DUI may be charge as a felony. The mandatory minimum jail time is 6 months and you could get up to 3 years in the state prison. You are also looking at a 4 year license revocation and the possibility of a vehicle forfeiture.

This multiple offense situations make negotiation and case preparation much more important. Sometimes to get a prior stricken or to plead to a lesser charge you will have to conduct an aggressive discovery campaign and be prepared to attack all aspects of the prosecution’s case. Once you become a multiple offender the prosecution and the judge move much more cautiously in giving you any break. They don’t want to look like fools if someone they have been lenient with hurts someone in a subsequent accident.

You must, with multiple DUI charges hire counsel that is experienced enough to deal with these complex issues. The outcome of your case will most definitely depend, in great part, on the skill and knowledge of your attorney.

Injury/Death with DUI

A DUI involving an accident and injuries is a different type of case than a straight DUI. It can either be charged as a misdemeanor or a felony. What makes the difference in charging is the severity of the injuries. If the injuries are minor you have a good chance that it will charged as a misdemeanor or provide the basis for a plea bargain reducing it to a misdemeanor.

Make sure your attorney thoroughly investigates the injuries. People tend to exaggerate their injuries in auto accident cases so they can get a good settlement from the insurance companies. Subpoena the insurance file and the doctors records may well show that the injuries are just a sore neck. If the DA thinks the victim is exaggerating you will probably get a good plea bargain.

If the injuries are serious enough and your blood alcohol or driving conduct was aggravated enough you could go to prison even if it is your first offense. The juries also aren't quite as liberal as they are on a regular DUI. In a DUI with injury it becomes quickly apparent how serious driving under the influence is and they will be less likely to give you the benefit of the doubt. You need a seriously competent and experienced lawyer for a case involving drinking and injuries.