When Should I Get A DUI Lawyer?

Driving under the influence (DUI) is illegal nationwide. Authorities can charge you with DUI when they reasonably suspect that you were incapacitated while operating a motor vehicle due to the consumption of drugs or any intoxicating liquor. The Criminal Code also classifies impaired driving as operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08 by volume or higher. Therefore, a criminal court hears cases involving DUI offenses. And it is your lawful entitlement to defend yourself in a criminal case. Hiring a lawyer who has expertise in DUI matters is crucial because of the serious consequences that may result from a conviction. Your best bet is probably a DUI lawyer in your area who is well-versed in the regulations of your state and who can advise you on how to proceed. As such, Canyon State Law is a DUI lawyer in Mesa AZ with sufficient experience who can provide you with appropriate legal advice.

Choosing the right form of legal counsel can be difficult, but this post can help you think through some of your options.

Consulting An Attorney For Advice On Your Situation

Assessing the grounds of a DUI situation requires knowledge of legal procedures that most laypeople lack. Each case involving impaired driving may be different, and DUI legislation may be confusing and ever-evolving. Therefore, it may be beneficial to consult with a DUI attorney. The initial meeting with a majority of DUI attorneys is often free of charge. However, should there be a cost involved, it should be considered an investment. You may make the most of your consultation session if you carry a copy of the police statement and all other relevant case materials to the meeting. Having a compiled list of concerns you want to be addressed with might assist as well. A consultation with a lawyer does not obligate you to retain that professional’s services. However, it might be ideal to meet with a prospective lawyer in-person to determine your compatibility with them.

Incidents Where It May Not Be Necessary To Retain A Lawyer

As a norm, prosecutors may propose a predetermined plea bargain for a first DUI conviction. That is to say, they offer every first-time DUI convict the same punishment, which is usually the minimum term allowed for such an offense. If the defendant has never been convicted of a DUI before and there were no fatalities, hospitalizations, or unusually high BAC associated with the charge, then the offense can be regarded to be a “typical first DUI”. Theoretically, whether an offender is defended by a personal lawyer, public defense, or no representation at all, the standard plea bargain remains identical. Therefore, it can appear that in a typical first-time DUI case, it may not be worthwhile to hire a lawyer. Though, in reality, the baseline bargain can simply be the beginning of a long negotiation process.

An accomplished DUI lawyer may be able to negotiate a relatively low plea agreement by raising flaws in the prosecution’s suit or extenuating circumstances. Such kinds of negotiations might also benefit from a lawyer’s acquaintance with traditional customs, the local prosecutor, and the bench. In occasions wherein an accused has strong defenses, it may be unwise to consider a conventional plea. But, a defendant without legal representation might be less likely to be aware of any such arguments. Thus, it may be wise to consult a lawyer before deciding whether or not to accept a plea offer.

Plea Bargaining With A DUI Lawyer

Practically speaking, a plea bargain may be possible if the prosecution’s case is not extremely solid. Rather than risk losing a trial that may take up valuable time and resources, the state could choose to consider a plea to a reduced charge. While it is true that in certain cases you may strike a plea bargain on your own, having a competent DUI lawyer on your side can be invaluable.

Furthermore, when a plea deal seems to be in the defendant’s better interests, the prosecution with weaker allegations may attempt to manipulate their way to a guilty plea. Careless driving can usually be a reduced charge. However, “wet reckless” is recognized in some jurisdictions as an alternative to DUI with a lesser penalty (often no prison time) and an acknowledgement of impairment. Further, assuming your BAC was below .08%, you may not have your license revoked for wet recklessness. However, if you find yourself facing a subsequent DUI accusation, remember that a wet reckless guilty verdict may still count as a “prior DUI violation.”

Having Your Charges Commuted Through Legal Representation

On a case-to-case basis, several states’ courts may consider reducing a DUI penalty in lieu of a guilty plea. The penalties for a second or subsequent DUI conviction, for instance, might include several months or perhaps years behind bars. In such cases, the prosecution might be prepared to bargain a lesser penalty in return for a plea deal rather than proceeding to trial. As for drug-related DUI charges, a lawyer may be able to negotiate probation sans random drug screenings or other restraints. A lawyer is strongly advised for “penalty negotiation,” just as they are for plea deals. Understand that reducing the penalty for a first-time DUI that does not involve injuries can be extremely challenging.

You May Need A Lawyer To Proceed To Court

You have the choice of representing yourself in a DUI lawsuit, although doing so is usually not recommended. Handling court trials in an appropriate manner can be crucial yet complex, and demands extensive practical experience. Your case may suffer terribly from your inexperience in court and inadequate legal expertise. Self-represented offenders who are not really familiar with the trial process might not go very far with the judges. Thus, a DUI case is not one you might want to attempt in court without proper legal representation.

Hiring a seasoned DUI lawyer as soon as feasible is crucial when you are faced with DUI accusations. In cases where the implications are substantial or when the allegations are not particularly strong, having legal representation can be a huge aid in mounting a successful defense. You can be undervaluing yourself if you don’t get legal representation. The sooner you retain access to a lawyer, the more time they will have to investigate your case, develop a strategy, and argue on your behalf.