You will need a good DUI lawyer to fight a drunken driving charge.
Lawyers who specialize in getting drinking under the influence (DUI) charges dropped or reduced familiarize themselves with all the elements of each case. Most states prosecute DUI with a zero tolerance approach. Depending on the nature of the offense, the charges may be a misdemeanor or felony and a driver could end up with a criminal record. A conviction can mean severe penalties, such as jail, fines, probation, job loss and driver's license suspension and difficulty getting and paying for car insurance.
Significance
A DUI lawyer must have an understanding of the nuances and intricacies of the drunken driving laws for the state where she practices law. Many laws exist, and the process as it pertains to client's rights, types of DUI testing, variances between counties within the state and other aspects of DUI cases may be complicated and overwhelming to the nonprofessional, or even a lawyer adept at other types of cases. Although an individual may choose to defend himself, with so much at stake, acquiring the services of a DUI lawyer will offer the best chance for getting the charges dropped or reduced.
Qualifications
The credentials necessary for becoming a DUI lawyer include seven years of training after high school. An individual needs to attain a four-year degree from an accredited undergraduate college or university. You must attend an American Bar Association-approved law school. Most law schools offer three-year programs, which are very competitive. During the admissions process, these institutions put a lot of weight on an applicant's grade point average and the score received on the Law School Admission Test (LSAT) all candidates must take before acceptance into law school.
Law school graduates receive the Juris Doctorate degree. Licensing to practice as a DUI attorney lawyer entails passing an extensive background check. The candidate must also successfully pass the state's bar exam and a test called the Multistate Professional Responsibility Exam. DUI attorneys' responsibilities fall into two categories: procedural and substantive. Some attorneys specialize in one category or the other. Often, skilled DUI lawyers need a grasp of both areas to defend clients successfully.
Procedural
The procedural aspect involves the rules of evidence and of procedure that govern the mechanics of working through the judicial system to defend clients charged with DUI. This may include filing pleadings, answers, motions and other documents associated with cases from start to finish. It also entails collecting evidence of the circumstances to prepare the best defense possible for a client according to the accused's particular situation, commencing with the stop of her vehicle and subsequent arrest.
Substantive
DUI attorneys need to understand what their clients rights are under the law as well as the extent of their obligations when it comes to drunk driving. For example, the Fourth Amendment protects the right of individuals against "unreasonable" search and seizure. Law enforcement must have "probable cause" to stop a vehicle (the driver) for suspicion of drunk driving.
If the officer saw the person exit a bar before entering the vehicle, that is not sufficient cause to legally stop the vehicle. However, an officer who witnesses erratic driving has probable cause to pull a vehicle over. In addition, the DUI attorney's understanding of field sobriety, and blood and urine tests can prove critical in a client's case. A knowledgeable DUI lawyer looks for weaknesses in the timing, subjectivity or administration of these tests.
Expert Insight
The DUI Defenders website states the penalties for DUI conviction have become even harsher over the years. The punishment depends on the factors of a particular case, such as the jurisdiction's laws, the judges' discretion (if any) and the scope of the DUI offense. Other major factors in sentencing hinge on the blood alcohol level, and the defendant's history concerning past DUI violations.
Tags: stop vehicle, charges dropped, charges dropped reduced, defend clients, dropped reduced