Many DUI lawyers continue cases until their client loses faith
and pleads guilty. You need to know your DUI lawyer has the experience
and confidence in court to demand trial when it is appropriate. The
government must bring you to trial within a legally prescribed period
of time, (if a misdemeanor, 160 days, possibly 120 days).
A law enforcement officer may testify that he saw you swerving
in or out of your lane, but may be less inclined to describe poor
weather conditions, which might have caused you, and other motorists,
to be unsure on the road. A fact like this could win your case if your
DUI lawyer knows how to present it in court.
While a police officer might testify in court as to your
intoxication, he may not provide the court with audio and video
evidence of your sobriety. You need DUI lawyers who can file
appropriate motions that will get that evidence into court, regardless
of whether the law enforcement provides it or not.
Often, a law enforcement officer will claim to have received a
tip from a citizen that you were driving under the influence. Without
any more information from the citizen and without any information about
the citizen, this is NOT a valid, legal reason to stop you on the road.
You need attorneys who will investigate and file the necessary motion
to challenge your detention and arrest.
The Police might testify that you failed all of their field
sobriety tests, but may not be inclined to tell the court that the
tests they used were designed to get failing results or that they had
no knowledge of medical or physical issues causing the failures. You
need attorneys who can show the court just how unreliable roadside
field sobriety tests are.
Law enforcement might have faith in breathalyzer machines, but
you need attorneys who know that these machines are often inaccurate
and require more than one testing to yield even moderately accurate
results and can prove that in court.
The proper use of breathalyzer machines requires legal
certification by the user and constant maintenance. You need lawyers
who can establish certification and investigate maintenance procedures.
A law enforcement official MUST have a valid, legal reason to
curb your vehicle before they can arrest you for DUI / DWI. Mere
suspicion, on the part of the police, is not enough. Your attorneys
must know the difference between probable cause to arrest and sloppy
police work and file the appropriate motions to protect your rights.
A law enforcement officer who testifies that he/she followed you
for a long period of time may feel confident that they were simply
collecting evidence against you. You need attorneys to show the court
that that officer was fishing for a reason to pull you over and arrest
you.
By law, an arresting officer must properly inform you of your
(Miranda) rights. If they do not, your attorney must know how to parlay
that into a winning motion in court that could beat your case.
Many times, there are witnesses who can be brought in to court
to testify on your behalf. It is very important to have attorneys who
know how to bring those witnesses into court and prepare them to
testify for your defense.
If necessary, your attorneys must be able to use expert
witnesses in your defense to rebut testing results, like blood or urine
tests. These tests are often inaccurate, but will nevertheless be used
against you in court.
Because the arresting officer is usually one of the prime
witnesses against you in a DUI/DWI case, it is crucial that your
attorneys investigate not only the facts and circumstances surrounding
your case, but also the arresting officer's background. An officer's
poor disciplinary record can be used against him or her in court, if
necessary.
Even small, seemingly insignificant facts, like whether you took
cold medicine earlier in the day, ate a meal before getting in your
car, or handled certain types of paint prior to driving, could affect
breath test results and the outcome of your case. Your attorneys must
know the significance of such information and be able to apply it to
your defense.
Case law and research can never be overlooked in a DUI / DWI
case. Since cases are decided every day, your attorneys must have the
research skills necessary to provide you with a first class legal
defense using research and case law, as well as extensive trial
experience.
Just because your license has been suspended for a DUI / DWI,
does not mean that you cannot get it back before the suspension period
ends. Your attorney must know how to petition the court to rescind the
suspension of your driver's license in a timely fashion. This can be
done before you go to trial.
Even if you have been found Guilty or have pled Guilty to a
DUI/DWI, you do not necessarily have to wait for the
suspension/revocation period to end before you can get your driving
privileges reinstated. Your attorney must be able to request and handle
formal and informal administrative hearings that could get you your
driver's license back before the suspension period is over.
In the event that you cannot get your full driving privileges
reinstated, for whatever reason, it is very possible that you can get a
restricted driving permit from either the court or an administrative
hearing officer. This permit could allow you to drive for work and in
emergency situations.
If you do not want to contest your DUI / DWI case, but seek
closure to the situation, you need an attorney who knows how to
negotiate with the government to get you the best deal possible.
Of all the problems a DUI / DWI case can create, loss of time
and money are the worst. Whatever your needs, you need attorneys who
understand the emotional impact a DUI charge can have on your personal,
professional and family life.