What does an attorney do for a DUI case?
I recently made a terrible mistake drank a few beers and drove and I got pulled over. I blew and got about a .12, obviously above the legal limit. I hired an attorney and he told me to plead not guilty. I haven’t really been able to get a hold of him and I don’t know exactly what he will do for me. I don’t know what the point is to plead not guilty if I am guilty. I really wonder if an attorney can do anything for me or if I will just have to pay for an attorney and suffer the consequences of my DUI (financially and otherwise). If anyone has any answers as for what an attorney’s role is in a case like this I would greatly appreciate it. It my first moving violation of any kind and I’ve been driving for about 6 years.
Tagged with: 6 years • Beers • Consequences • DUI • moving violation • terrible mistake
Filed under: dui lawyer
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There are a number of things a defense attorney can do, but there are a few things you should know before I give an academic answer with a few possibilites:
First, I am not a lawyer yet, I’m in law school and cannot legally offer legal advice. The only thing I can tell you is that you should talk to a lawyer.
In that vain, you should talk to your lawyer before making public statements like the one above. It may be possible that this statement could be admissible against you in court.
Also, when I say you need to talk to a lawyer, you don’t have to stick with your lawyer. You can get a new lawyer. I’m not advocating for that, and there are serious downsides to changing lawyers. If the lawyer is court appointed, you can talk to the judge about why you want a new lawyer. Talk to your lawyer first, they will tell you the potential problems with taking this action and what a different lawyer may or may not do differently.
If you’ve hired your own lawyer, you can always fire your lawyer, but again, talk to your lawyer first because, just as in the court appointed case, there are issues your lawyer will discuss with you before you take such an action.
Now academically, there are a number of different possible actions a defense lawyer may take in a DUI case. For example, actual guilt isn’t enough, the state must be able to prove it beyond a reasonable doubt. Your lawyer doesn’t have to put on a case at all and can simply argue the prosecution didn’t prove their case. This is an option, for example, if there is some problem with the test or other evidence. Alternatively, even if your lawyer thinks you will lose the case, they may be trying to get a deal so that the penalty will be lower. Depending on the state, there may be several different types of DUI charges and there may be several different possible penalties. Your lawyer may be trying to get you a deal so your penalty won’t include jail time, or won’t involve losing your license, or something else.
Remember, these are just possibilities, I’m not suggesting a legal strategy, only your lawyer can do that. I’m also not saying that the "right" thing to do is to plead not guilty or to plead guilty, that’s a decision that is solely up to you and should be made with the help of your lawyer.
He knows the DA, and they usually work with each other.
He can try and make sure you don’t do any jail time. Just the fines, AA meetings, counseling, restricted license for a year (only to and from work).
You can not hire one and hope for the best, but it’s always good to have someone in there that knows the rules.
Pretty much all he can do is ensure that the State does everything properly in proving their case, and that the original stop etc was properly done.
He may also be able to talk the DA into pleading it down, or get you a better deal by pleading guilty prior to trial. Some DA’s will deal, some won’t. If he has you dead in the sights, he likely won’t.
Richard
what state your in depends on things, and i have had 2 in the state of GA which is terrible for dui’s and unless you have a lawyer that you paid at least 5,000, you did not submit to a breathalizer, then they can help you say your not guilty, if you took the breathalizer, that lawyer is not going to be able to do anything for you except get you the minimum punishment that your state requires for a first dui. Its not that bad.
He will try to negotiate a plea bargain for a lesser offense.
If there was a technical problem in your case, a lawyer will find even if you wouldn’t. If there is no technical problem, a good lawyer, especially one who deals with the DA regularly, will likely get you a better deal than if you do it on your own.
As for pleading "not guilty", that is just to buy time so that the attorney can review the paperwork and then negotiate with the DA. The plea will likely change later to "guilty" or "no contest" after the fines and terms have been agreed upon.
It is possible that your attorney does no better than you could have done on your own, so think of your attorney as insurance if nothing else. He is going to guarantee you do not get screwed by the system, and will likely get you a better deal.