DWI DUI DEFENSE Lawyers

DWI Defense Attorney | Why You Need One

2009-06-15T15:34:00.000-07:00

If you have recently been charged with either a DUI or DWI then you may be wondering if you should hire a DWI defense attorney or not. While each case is different and often times the prudent course of action lies within the details, it is generally a good idea to hire a lawyer to defend you.

Ask yourself this question: Do I know all the ramifications and specifics of how to handle this court case? In most of our cases, including me, the quick answer is "no!". DUI and DWI are very serious charges and should be treated as such. Many times a family member or friend will tell us that we do not need a lawyer to defend ourselves, but I would remind you that that relative or friend is not the one being charged with driving while intoxicated. Keep in mind that is very easy for someone to advise you when it is not them that will have to suffer the consequences. Please do not misunderstand me; I am not suggesting that your family members or friends do not care what happens to you, but rather that they may think differently if the roles were reversed.

While I am not a lawyer myself, my research on the subject and reading hundreds of reader's opinions clearly suggests that hiring a good defense attorney is the preferred way to go. Having a good DUI lawyer that has loads of experience defending these drunk driving citations in your corner is literally priceless and could mean the difference between you know what and you know what. Most experienced DWI lawyers can easily ascertain the correct course of action and can keep you informed of the details as you go through the process. From a psychological point of view, this is a very comforting feeling, and it almost feels like someone else is in the same boat as you are in.

Before deciding that you do not need representation from a qualified DUI attorney, please consider the consequences and be prepared to accept them. Do some research on the subject or ask your friends what their opinions are. I feel that the overwhelming response will be to hire the DWI defense lawyer to ensure that you have the best defense possible. A lawyer will be able to represent you and also typically already knows the other attorneys and judges. These existing relationships can be extremely valuable when it comes time to sentencing. Also, the defense attorney representing you will be able to advise you as to what the best action to take would be; whether that be plea bargaining or considering a technicality or other aspect. These sorts of angles may not be apparent to you if you are not a lawyer yourself. And although a defense lawyer will charge you for their services, keep in mind that a mark on your criminal record could also affect your pocketbook, especially when it comes to trying to get a loan or a job. Perhaps in the long run, choosing a qualified lawyer is the best path to follow.

DUI Defense Attorney | Choosing a Good DUI Lawyer

2009-03-30T19:43:00.001-07:00

You may not think it is an important decision to choose a DUI defense Lawyer but you would be surprised to find that it can mean the difference between high fees and low fees, jail time or no time, plea bargain or not guilty. Choosing a good DUI defense lawyer is just not one single thing, it is the most important thing. Why? Well, because what has happened already has happened and you can't go back and change it, but what you can change is what dwi defense attorney represents you. Here are some key things to consider when looking for your attorney:

First, and most importantly, does the DUI defense attorney have specific experience with DUI or DWI cases? Is DUI defenses their main focus or do they just use these cases to fill in their schedule? If they have a good deal of experience with DUI defending, what is their record? Oh, how defense attorneys hate to talk about records. All will tell you that they have never lost. Well technically speaking that could be correct because in general, a DWI defense lawyer will plea bargain a very high percentage of cases, and so lawyers will count the plea bargain as a tie. Be sure to find out how many cases get plea bargained down to lesser offenses. If the company you are researching or talking to is a DUI plea bargain mill, then be extra careful. Ideally you should try to find a DUI defense attorney that has a split record between wins, plea bargains, and yes, even some losses. Losses are not always a bad thing as they are indicative that the lawyer at least attempted to win the case, as apposed to just a cop-out plea bargain.

Secondly, you can start you search online by looking specifically for your location plus the words of the crime you are accused of; so if you are in need of a DUI defense lawyer, then type in "San Diego DUI Defense Attorney", for example. Don't just click on the first one that shows up. You have to remember that many firms can basically "buy" their position in the search engine results, so the fact that Firm A is on number one on Google for "DUI Defense Attorney" does not necessarily mean that they are the best or that they hold the most experience. How does a firm buy their position in Google? Well, without getting too technical, they can essentially buy advertisements and various links that all add up to a very nice position in the search engines. Also, if you notice at the top of the search results, some of the listings are written in a slightly smaller font and look just a tad different. These DUI lawyers' advertisements are just flat out paid ads and Google does'nt exactly try to make that fact obvious.

Thirdly, check out the websites of several of them and try to find one that seems honest and reputable. Keep in mind that you can gauge how devoted an attorney is to working successfully on DUI cases by how much of their website is devoted to that subject. This is not a hard and fast rule but it is a good starting point if you are totally in the dark as to what to look for. So, if you are searching for a good dui defense lawyer yet the particular website that you are looking at is filled 99% with drug cases or divorce cases then perhaps DWI's are not their specialty. Find one that has that specialty.

Fourthly, you will need to start calling some of your final choices to see if they can even get you in. Most are very polite and will try to accommodate your schedule. However, you will find that some just cannot take on another case for several more weeks. You should thank them and keep their number but you need to find one now! Time is of the essence when your ass is on the line. Also, find out if they will provide a free consultation, even if conducted over the phone. This is a step that most people don't do because they simply either forget or else they didn't realize that they could ask this. Most firms will allow for this (the ones that want your business and are confident of their ability). If they do not allow for a free consult, then that is a red flag to some as it indicates their confidence in themselves. Remember, you do not really want a dui defense attorney who does nothing but plea bargains cases 100% of the time.

Another good way to narrow down you DUI Defense Lawyer choices is to contact the state bar association and make an inquiry about that firm or lawyer. If their have ever been any warnings or reprimands made against that attorney, then usually the state's bar association or their website will make that information available.

DUI Defense Lawyer - Insulting a Police Officer

2009-03-30T18:34:00.000-07:00

You might wonder whether insulting a police officer who is performing his or her duty is a crime in and of itself. I'm not a lawyer but have wondered this myself several times and have looked up several cased which were defended by DUI Defense Lawyers. It seems that, from I can find on Google, the law regarding berating the officer generally varies from state to state but most states have some laws on the books regarding this issue. Many dui defense lawyers have successfully argued that it is within their client's rights to use expletives directed at the dui stopping officer due to the freedom of speech clause present in the U.S. Constitution as well as most state versions. Many states and and counties or municipalities have indeed upheld this notion, that a person does have the right to berate the officer during a typical dui stop, regardless of what crimes the person may be cited for. Do you feel that this should be legal? Furthermore, where is the cutoff point on the language? I did find that some states grant the right to curse at the officer but it can sometimes depend on the level of profanity used.

Some states, however, seem to draw the line between freedom of speech and disrespect toward the officer during a dui stop. Many dwi defense attorneys have tried but failed to win the freedom of speech argument in cases when the level of profanity that their client used was just too severe. I would not personally advise that you employ such tactics should you get stopped for dui or dwi.

So, what I take away from this is that although many people feel that they are within their rights to curse and, even during a dui stop, to berate the inquiring officer, there have been some dui defense lawyers who have cited cases that did not uphold the freedom of speech clause because the person went too far in their criticism. Many dwi lawyers were able to show that their client's words were not personal nor did they rise above the level of normal freedom of speech. Other dui attorney's, however, were not able to show their client's words to be within the accepted level of freedom of speech, but it was found instead by the court that the words spoken rose to the level of "fighting words" or personally vindictive enough to disallow their usage and immunity.

Let's look at this from the officer's point of view: He or she is stopping you and now suspects that you may be driving under the influence of alcohol or other drug, and now on top of that you are criticizing them and questioning their ancestry or their mother's wholesomeness. This does not help your case nor does it tend to endear you to the officer. Too many people forget that police officer's are human beings, not robots, and they should be treated with MORE respect, not less. Not only will you not be helping yourself, but you will most likely make the officer want to give you the breathalizer test even more than before. The best thing to do is number one, not to drive if you have been drinking and secondly, if you do get stopped after having a few alcoholic beverages, then by all means please please do not insult the officer. A good DUI defense Lawyer can still make a good case or plea bargain for you, but the ultimate easy way out is to just be respectful and to tell the truth.

Disclaimer & Privacy

2009-03-01T20:40:00.000-08:00

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