Contents

Q: HOW DO I FIND THE BEST POSSIBLE DUI ATTORNEY?

Q: WHAT WILL A LAWYER COST?

Q: WHAT ARE SOME OF THE DEFENSES THAT CAN BE USED?

Q: WHAT ARE DUI PENALTY ENHANCEMENTS?


Q:  HOW DO I FIND THE BEST POSSIBLE DUI ATTORNEY?

A:  All DUI lawyers says they are the best, so make sure you do your homework and check for their reputation for legal ability and ethics as well as online reviews from former clients and/or any professional recognitions for superior service, such as those listed at the bottom of my About Me page.

However, I advise my legal column readers that Martindale Hubbell AV Preeminent is the most respected national rating awarded to only a select number of accomplished attorneys. It reflects the “Confidential Reviews” of Judges and Attorneys, familiar with the attorneys work, for his Legal Ability and Very Ethical

Every lawyer advertises they are the best! See who Judges and Attorneys select. Martindale, founded in 1868, is the “go to rating” that lawyers use to find attorneys in other cities with the best legal Abilities (A) and Very trustworthy (V).


Q:  WHAT WILL A LAWYER COST?

A:  Many factors determine what fees a lawyer will charge. Among those factors are:

  • The attorney's reputation, experience and geographic location
  • Whether the case is a misdemeanor or a felony
  • Any prior convictions you might have
  • Whether or not expert witnesses are required for your defense

Fees can vary from as little as $1500 to more than $15,000, depending on the complexity of your case. 

You have to decide if YOU WANT A LAWYER THAT IS COMPETENT, QUICK OR CHEAP?…PICK 2, BECAUSE YOU CAN’T HAVE CHAMPAGNE TASTE… ON A BEER BUDGET


Q:  WHAT ARE SOME OF THE DEFENSES THAT CAN BE USED?

A:  Defenses to a DUI charge can be complex and limitless depending on the facts of each case. However, most defenses fall under the broad range of Proving Probable cause, the reading of Miranda rights, issues with blood-alcohol concentration tests, the validity of field sobriety tests and the timing of field sobriety tests.

There are 10 Ways to Beat a DUI:

  1. Suppression: An attorney may argue it was an illegal stop, in other words there was NO PROBABLE CAUSE, and then EVERYTHING THE POLICE SAW OR HEARD IS THE FRUIT OF THE POISONOUS TREE …AND THUS NOT ADMISSABLE
  2. Defendant HAD A Medical condition THAT mimics symptoms of BEING drunk 
  3. Defendant HAS A Rising BA: IF THE DEFENDANT DRIVER HAD A last drink and immediately DROVE out of THE bar, and WAS stopped; THE effects of Defendants drinking ie. THE alcohol WAS not yet in the system; therefore the reading when Defendant was stopped would be lower than when tested after time passed and alcohol got in the system
  4. Defendant had a Bad Field Sobriety Test because the walk and turn was not on a FLAT surface
  5. Arguing the Defendant was NOT driving: if D fell asleep, to sleep it off. However if you are behind the wheel or around the car, you are technically in control and could get behind the wheel at any time and drive drunk; technically anywhere around the car would be bad but if you were in the back seat jurors might be sympathetic with your plight
  6. Inaccurate BA reading: mistake with the ratio; was the machine calibrated? Review maintenance records of the machine used
  7. Chain of Custody: from the station to the Lab
  8. Violation 4th A: if they took blood or breath and did not follow procedures
  9. The reading was Mouth alcohol: dental challenge tooth pulled
  10. Other substances: Rx drugs used properly, HOWEVER, you still can’t drive if impaired

Q:  WHAT ARE DUI PENALTY ENHANCEMENTS?

A:  If certain facts exist in a case, a defendant may be exposed to enhanced penalties when being charged with drunk driving. These can include excessive speed, a child in the car, any property damage, someone was injured or killed or if the defendant was underage at the time of the arrest.