It is not advisable to go to court for DUI without a lawyer. You will need a lawyer to have the best chance of winning. There is definitely no question about whether you should get a lawyer for a DUI or not. An experienced DUI lawyer is much more likely to save a driving licence from getting suspended and getting a DUI, DWI charge reduced or dismissed, before a defendant can take a plea deal that they later regret.
You will need an attorney for the best chances of winning a case and avoiding consequences, even for a first DUI offense. Although you have the right to represent yourself in a DUI trial, it is almost never a good plan. The learning curve for trial practice is steep and usually only comes with considerable experience. Lack of legal knowledge and trial skills will put you at a severe disadvantage in court.
And judges often have little patience with self-represented defendants who do not know the rules of court. The bottom line is that you do not want to try a DUI case on your own if you are going to trial, you must have a lawyer. What a lawyer will do for you depends on the lawyer. An experienced DUI defense attorney will have represented many clients in a similar situation and can explain the process so you can relax knowing you are in good hands.
Understanding the court process before, during, and after a criminal DUI case goes a long way toward reducing anxiety about the situation. With the help of an effective defense attorney, however, it is possible to minimize or even avoid many DUI penalties. Speaking with an attorney as soon as possible after the arrest is important so that your attorney can assert your rights. If you do not have an attorney for your DUI case, the court will appoint one for you.
These appointed attorneys are called public defenders. There are advantages and disadvantages to being represented by a public defender. A public defender handles many criminal cases, including DUIs, so he or she will be knowledgeable about the law and familiar with the district attorney's office and judges. However, a public defender also has a large caseload, so often a defendant will feel that his or her case is not getting the maximum attention it deserves.
In addition, you cannot choose a public defender - you are tied to who you get. Finally, a public defender will not handle the administrative procedures at the DMV for you, so you will have to do them on your own. If you refuse to submit to a chemical test, you will still be arrested for drunk driving. But you will additionally have an "allegation of refusal" added to your charges.
A refusal carries additional penalties, including a one-year driving licence suspension and two mandatory days in county jail, 4 For a first DUI, the IID license lasts for four months. For subsequent DUIs, the IID lasts for one year. Your DUI arraignment is the first stage of your prosecution in California criminal DUI court. This is where the prosecutor gives you your first "offer".
An "offer" is the sentence the prosecutor recommends and agrees to if you plead guilty to the proposed charge. If you can afford a DUI lawyer, then hire the best lawyer you can afford. If this is your first experience with violating the law and you feel overwhelmed by the process, an experienced attorney can guide you through the steps and help things go as smoothly as possible. An experienced dui lawyer greatly increases your chances of winning the hearing and saving your driving licence.
This means recounting every last detail that led to your arrest, including working with your attorney to obtain a copy of the police report so you can see if there were any failures or misconduct during your arrest. Anyone still wondering "do I need a dui lawyer needs to be aware that only an experienced attorney will know how to fight a case at trial and when taking it to trial is the best bet. While you always technically have the right to provide your own defense, in order to have realistic and far superior odds of winning, it is always best to get the help of an experienced local DUI attorney - even for a first time charge. So when contemplating whether I need a DUI lawyer, the answer is definitely yes - it will give you the best chance of winning the case and avoiding the high costs and consequences if convicted of driving under the influence charges.
Although a person has the right to represent themselves in court to fight a DUI offense without an attorney, it is highly recommended that you hire a criminal defense attorney who regularly handles drunk and drugged driving cases. Depending on the case, your attorney may file motions to suppress evidence, which may even result in your case being dismissed. Even if the police officers who arrested you told you that you failed a DUI breath or blood test, do not plead guilty before talking to a good attorney and finding out if the charges against you can be dismissed or possibly reduced to a misdemeanor charge. This is just one of several vital reasons why you should always use a DUI lawyer to evaluate your situation online with us for immediate, free help and advice on the options available to help get the DUI charges dismissed effectively.
When a driver hires an attorney to fight a DUI or DWI case all the way through trial, a dismissal or acquittal is when the judge decides that a person is not guilty of the offense. At this time, the judge will also ask the DUI defendant if he or she is going to hire an attorney or if he or she needs help getting a public defender to represent him or her in the case. Even if you plan to plead guilty later without an attorney, experienced DUI attorneys recommend the course of action at this first "arraignment hearing" is to plead not guilty to the DUI charge. If the officer conducts the search anyway, a San Francisco, CA DUI attorney can challenge any evidence the officer later finds in court.
However, these attorneys often have large caseloads and may not have all the resources to provide the optimal level of service to their clients. Once you carefully review the details of what happened during your arrest through us, an experienced attorney who practices driving under the influence law in your area will have the knowledge you need about what to do next to fight your specific case.