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5 Reasons to Hire a DUI Lawyer

15 06.10

Post from Pasco County DUI Lawyers.

Oftentimes people feel they have no need to hire a lawyer after a DUI arrest because they don’t fully (or at all) understand what legal representation can do for them. If you feel this way, you should know that a DUI attorney can:

1. Help you retain your drivers license – After a drunk driving arrest ( in Florida and many other states) you have only 10 days to schedule an administrative review hearing in order to avoid automatic license suspension. By attending this hearing with an experienced lawyer you can be assured everything will go smoothly.
2. Investigate your arrest – Any good lawyer knows how to investigate a DUI arrest to look for unconstitutional doing by the arresting officer(s). Whether you were pulled over without just cause or police improperly administered a breathalyzer test on you, things of this nature can be discovered and ultimately used in your defense.
3. Develop your case – Very importantly, a DUI lawyer will know what defense may work in your defense based on past experience. If you decide to fight your DUI charge, an experienced attorney’s guidance will give you a great shot at winning.
4. Work out a plea bargain – This is the opposite of reason 3, it’s either one or the other. If you decide to plead guilty or no contest you probably don’t know what penalties are average for your circumstances. Guess what? A lawyer’s experience comes into play here yet again. By hiring a lawyer for this purpose alone you are assured you’re not getting the short end of the stick
5. Save you time and money – Whether your lawyer helps you avoid being convicted or minimize penalties via plea bargain, you can count on their service paying for itself. Commonly DUI attorneys are known to turn jail sentences into community service and hefty fines into small bills. Not to mention keeping your criminal record clean which we all know can help you retain or get a job.

Been arrested for DUI in FL?

DUI Expungement

15 09.09

Are you thinking of having your DUI expunged?

After a DUI conviction having it removed from your record can be an option. This is called expunging the charge.  Depending on your state there may be different factors that play a roles in having your DUI expunged, but there are some general guidelines you must meet in order to have your DUI expunged you should know:

  • You were not sentenced to prison
  • You are no longer on probation
  • You fulfilled all of your DUI sentence (fines,DUI classes, etc.)
  • You have no pending criminal cases

You should learn if you are eligible before spending too much time or effort thinking about getting a DUI removed from your record. If you believe you are eligible and want to proceed, you should contact a DUI lawyer to assist with the process. While the process may not be cheap, it is up to you to decide if it is worth it, however simply contacting a DUI lawyer with your specific circumstances will cost you nothing except a little time. To make things easier for everyone before you meet with the lawyer somme common things to bring are:

  • Your criminal history,
  • Any probation documentation
  • Your driving record
  • Employment history

If you contact a lawyer dealing with expungement cases in your area they will tell you exactly what information to get and where to go to get it

Keep in mind having your DUI expunged does not always prevent the conviction from playing a role in future DUI sentencing.

DUI Laws Are Getting Tougher

14 02.09

DUI Laws are getting tougher.

The trend has been toward tougher sentences for DUI convictions and tougher laws. With most state’s budgets really pinched, we may see a leaning toward sentences that don’t involve prison time, but legislatures aren’t going to stop listening to what they believe the public wants. DUI laws are going to remain tough, and they aren’t going to go away.

Organizations like MADD (Mother’s Against Drunk Driving) are well organized and make sure they are heard. When someone has lost a loved one, they really don’t care if the “drunk driver” never had a DUI before. They want someone to pay!

The trend is toward requiring ignition-interlock devices even if this DUI is the first conviction. MADD is actually pressing for ignition-interlock devices on all cars as mandatory equipment. This would be great for manufacturers of these breath-analyzers, but it would prove a terrible inconvenience to ordinary people. One man in Australia couldn’t start his car after eating an ice cream cone! Other foods can cause false positives, too.

So why is this trend gaining popularity? Zero tolerance has grown as media has focused on the disparity between drunk drivers surviving car accidents and sober drivers not surviving. The US allows 0.08% BAC (blood alcohol concentration). Some countries in Europe only allow 0.02%. That may be where this country is heading.

How can a DUI Lawyer help you?

In this hostile environment, how are you going to fare in front of a judge? Many people think that their case is hopeless, so why bother with hiring a lawyer. The reality is that hiring a lawyer is the best thing you can do. Here’s why:

1) A DUI lawyer knows that time is your enemy. In most states, you have only 10 days to request a DMV hearing. Fail to do that, and you lose your driving privileges. For most people, that means losing their job. A lawyer who specializes in DUI cases will deal with all that paperwork efficiently.

2) A DUI lawyer also knows that the breathalyzer may be your enemy. Your conviction is often based almost entirely on the results of the breathalyzer test. Remember the false-positive ice cream test? Other health issues can cause false readings—GERD, heartburn, and acid reflux disease. Some states allow the test to be administered several hours after arrest, assuming that if by that time you still have a 0.08% BAC, you had an even higher BAC when they arrested you. You may have had an upset stomach that gave a high reading both times.

3) A DUI lawyer also knows how to negotiate on your behalf. Your lawyer is going to make sure that the police officer had a valid reason for stopping your vehicle. Was the evidence adequate to initiate an arrest? Were field sobriety tests (FSTs) given properly? Was additional chemical testing done and were proper procedures followed? Could the inability to pass a field balance and coordination test be explained by a preexisting condition?

As an expert in DUI law, a lawyer can take a case that seems hopeless to you, and reveal how borderline the situation actually is. Don’t consider entering a guilty or no-contest plea until you have spoken with a DUI attorney.