Area of Law:
Criminal defense lawyers specialize in defending an individual who has been charged with criminal conduct. In some instances these lawyers even represent companies with similar charges. This type of lawyer works with the various issue surrounding criminal charges. These are some of the areas where this representation is needed:
It is important for those charged with DUI to find criminal lawyers to defend them. Efforts of groups like Mothers Against Drunk Driving or MADD have led to stronger penalties for those convicted of this crime. These penalties generally depend on the individual state. Some states require first offenders to spend the night in jail. These people may even face a very long license suspension if they are convicted. Proper representation by a lawyer is paramount to avoiding penalties.
Securing representation with a lawyer in this field is important. You will need someone who understands the law as it applies to your DUI charges. You will also want to hire a lawyer with experience in successfully defending other clients charged with DUI. These lawyers know how to work towards the most favorable outcome for your specific case. The Bureau of Justice Statistics states that 28% of personal injury lawsuits in 2005 involved auto accidents. Each year these cases increase and so do convictions, especially for offenders without qualified representation.
Details of Your Arrest
The details of a DUI case can be very complex. These details will have to do with the driving scenario which resulted in your charge. It will also include the arrest process during this time. Your criminal defense lawyer will need to know all of these details in advance. Before a defense plan can be set into place the case details will be needed. There are a variety of issues that can relate directly to a DUI charge. Individual states have laws requiring mandatory jail time those convicted of drunk driving. Two-thirds of the states in America have laws for Administrative License Revocation.
In some instances of these cases, drivers may be ill or suffering from a health condition. These issues will play a role in your overall defense. A defense lawyer will take all of these details into considerations as they set together a defense that is successful. There are separate charges related to a DUI case. One of these relates directly to the drunken driving charge. The other for some offenders will include driver's license suspension. Arrest details can help or hinder the defense of this case. Many states require you to request a hearing within 10 to 14 days of your arrest. This may be the only way to fight for your driver's license in these cases.
Police Techniques and Investigation
Many criminal defense cases are impacted by the police work of officers. This is an important part of the defense process. Officers who did not act properly or according to the law help the defense. There are a number of techniques related to the investigation of a DUI case. The traffic stop assumed to be due to drunken driving is essential to the defense. The defense lawyer will have to find out why the driver was stopped in the first place. An officer can stop a driver when they expect them to be intoxicated. This detail will prove important in the cases.
It will also be critical to learn what was done after this stop took place. According to the state of Colorado there are different criteria of DUI based upon the age of the driver. Here is that criteria:
• .02% for under 21
• .08% for 21 and older
What sobriety tests were applied at the scene is essential to these cases. It will be necessary to determine if these tests were applied properly, as well. Blood Alcohol Concentration or BAC have guidelines which each state and the District of Columbia follow. All of the factors in these cases are important in defending DUI charges no matter what the driver's age. Every state has its own Zero Policy Laws that penalize drunk drivers that are not of legal age.
Charges against You
Drunk drivers can face a number of initial charges as it relates to a DUI arrest. There can be large fines applied to the driver in a DUI. These fines can range from hundreds to thousands of dollars. Jail time and the suspension of one's driver's licenses are other issues to face. If a driver is convicted of this particular crime, he or she will have other surcharges and fees to pay. In some instances these drivers can be convicted to up to years of jail time. Here are some of the common results faced by those convicted:
• License suspension
• Community service
• Civil liability
Practical losses like jobs will also be impacts of this type of criminal charge. This is why securing a defense attorney to represent you is paramount. Even those guilty of drunken driving can benefit from this type of defense. Lawyers can apply a variety of techniques like cross-examining the arresting officer. These techniques are helpful when it comes to avoiding or lessening charges.
Building a Defense
If you are charged with a DUI, you will need a good defense lawyer to represent you. This attorney will instantly have multiple charges to defend you of. The first of these, of course, is the drunken driving charge. The other charge will involve the Department of Motor Vehicles. Here the defense lawyer has to assist you at your driver's license suspension hearing. Building a defense in these cases is not always the easiest process. This is why hiring an expert lawyer is important.
Breathalyzer machines don't always work properly. Investigations can uncover the fallibleness of these BAC tools. Experienced DUI lawyers can use this information to build their defense. Their experience is invaluable to these cases. This experience is going to be a big part of your overall defense. It may even lead to a reduction of charges or a dismissal of them.
It takes hard work to prepare for a defense in a criminal trial. This process isn't something that can be prepared for haphazardly. Hiring a defense lawyer with experience will provide you with some security. This is the case for first time offenders or those who have been convicted before.