When an individual is charged with driving under the influence, their life seems to come to a halt. The first thing that they should do is look for and an efficient and experienced DUI defense attorney. Having the right DUI defense attorney is one of the paramount factors that could influence the entire process of the case. After all, possibly the education, job, career and even liberty of the client may be at risk and will depend on the success of the lawyer to offer the best possible defense based on the facts of the case. Hence, the accused should use all the avenues available to make sure that they get the best possible defense attorney who is conversant with DUI cases.
Among the factors that should be considered when choosing a prospective attorney is their degree of specialization. It is important to make sure that the lawyer representing them in their cases is indeed a specialist in DUI cases. A good DUI lawyer should manage on a regular basis a high percent of DUI cases among their caseload of work. They should be up to date with all aspects of DUI related legal proceedings and legislation and preferably be an expert in the field, maybe one who has given seminars or presentations on the subject.
It is also important to ensure that the lawyer usually practices in the area where the client was stopped and charged with the offense. This is usually necessary to ensure that the attorney is known in the courtroom of the given area, knows all the methods used by the local law enforcement officials, prosecutors and is also known to the judge. A DUI defense attorney who has in depth knowledge of the legal proceedings of a given area usually increases the chances of getting a positive outcome for their client. The local directory or the internet can be used to find the best local DUI attorney to handle a client’s case.
The other factor to consider before hiring any lawyer is the experience that the lawyer has. It is usually best to hire an attorney who has the necessary specialized experience with DUI cases. It’s a good idea to know how long the lawyer has been practicing and handling DUI cases before hiring their services. An attorney with a lot of hands-on experience will mostly likely achieve a more positive outcome in the cases that they are handling compared with those who rarely practice in this complex area of the law. The experience of an attorney can be determined by looking at their files and checking the percentage of DUI cases they have handled with success. The best attorneys to hire are the ones with the highest percentage of successful representations in such cases.
The legal fees charged for a case are another of the main factors to consider when choosing a DUI defense attorney. Though it is important, it should not be the overriding factor which decides whether a lawyer should be hired or not. Lawyers who charge lower prices do not necessarily offer a lower quality of service, and using a lawyer who charges exorbitantly high fees does not always guarantee success in the case. Considering the various factors of cost, amount of experience and previous success rate in DUI cases will make the task of choosing the DUI defense attorney to handle the case a little easier, and should lead to the client being represented by a lawyer who is likely to provide the most favorable result in the case.
Drunk driving (DUI) in California is a very severe crime. You will lose your drivers license, face possible jail time and have skyrocketing auto insurance costs if you are arrested and convicted.
Finding the best DUI defense attorney available is the key to fighting your DUI charges. Contacting someone skilled and complete knowledge of the laws in California is the first step to fighting your charges. If you choose not to the ramifications can be severe as we already pointed out.
Other reasons why you need to fight; regardless of the strict punishment is having a criminal record. In California, a DUI will stay on your record for ten years. Without proper representation this will be the guaranteed outcome.
They are many avenues a DUI attorney can take when preparing your defense. Most Lawyers will ask the following questions:
- Was there a blood sample taken? Was it fermented or clotted?
- Did you do a breath test? When was the breathalyzer last calibrated?
- What was the reason the police officer pulled you over? Was it a valid reason?
This is just a small list of questions your DUI defense team will pose, these types of issues may results in getting the evidence against you thrown out.
Finding the DUI Help You need in California
Unfortunately, these days the Internet is flooded with California DUI Attorneys. So, how to know which one to choose? Well that is not necessarily an easy thing to decide for someone that has never faced a DUI, not to mention never had any brushes with the law. The California DUI Guide is a reputable website with pre-screened attorney’s listed throughout California. Please visit www.californiaduiguide.com to find a lawyer in your area.
California DUI Law – In a Nutshell
There are 2 charges in California. The Violations are as followed:
– Vehicle Code section 23152 (a) driving under the influence of drugs/alcohol
– Vehicle Code section 23152 (b) driving with a B.A.C of .08% +.
Both of these charges will results in possible jail time and loss of your driving privileges.
Once you get arrested for a DUI, there are 2 critical hearings the will take place. A criminal court hearing will happen first. During the first phase it will be established as a felony or misdemeanor. If you are charged with a felony you will go to state prison, or up to a year in jail for misdemeanor. The 2nd segment is sent to the DMV, where the decision is typically based off the first phase judgment. This will determine the time your license gets suspended.
Per Se Laws in California
If you are working with a veteran DUI Attorney, it’s possible to get a lesser charge or even a “not-guilty” judgment. The California D.A. must prove you were in violation of the “Per Se Law”. If the district attorney cannot prove you were in fact drive with a DUI (either drugs or alcohol) then you will most likely win your case.
Other Rules at the DMV
During the second phase at the DMV hearing, there are additional laws that can come into play. It is critical to point out that the arresting officer must witness the individual charged, actually driving the vehicle. This cannot be assume by the officer, if it is, it can not be perused at the California DMV.
HI there, thanks for visiting my blog. I will be posting articles about DUI defense in California and what you can do to fight your charges. I think that it is important for people to know their rights within the law, and to have the resources available to make informed decisions. I will be covering everything from detailed descriptions of the laws as well as other other various topics to keep you up-to-date with the law.
Thanks for visiting – TVW