When preparing to fight a DUI charge, remember that you are presumed innocent and you have a right to question any evidence, testimony, test results, or assumptions that is presented by the prosecution against you.  This article will address some of the areas of the prosecution’s case against you that may be susceptible to attach.  This isn’t an all-inclusive list, but it will give you a good start in developing a strategy to identify reasonable doubt and win your DUI case.

1. The Stop.  In order to pull you over, and officer must have reasonable suspicion that you are violating the law.  If the officer pulls you over based on your race or just a “hunch,” then you can file a Motion to Suppress.  In a nutshell, a Motion to Suppress is where you argue that the stop itself violated your Constitutional rights, and therefore the evidence against you should be thrown out.  Police officers are trained to document facts that lead to reasonable suspicion in their reports, so a Motion to Suppress is often an uphill battle, but sometimes officers make mistakes.  It’s worth looking at the stop because if you win on the Motion, that typically means victory on the whole DUI case.

1. Challenge the BAC.  If your breath or blood tests show a blood alcohol level of .08 or higher, you will need to find a way to call into question the results of these tests.

• Rising Blood Alcohol Defense – The key point here is that the .08 level has to be at the time you were driving.  The theory of this defense is that alcohol takes time to absorb into the blood stream.  The results of a breath or blood test could be higher during the test than during the operation of the vehicle, based on a variety of factors:
  • How much food has the person eaten?  (Food tends to slow down absorption)
  • Is the driver male or female? (A woman’s BAC may rise higher than a man’s)

• Medical Problem Defense.  The key point here is whether you have a medical problem that would render the results inaccurate.

• Do you have a medical condition such as asthma or emphysema that affects your lung capacity and ability to blow into a machine?

• Question the reliability of the testing procedures.

• Was the testing device calibrated and tested?

• Was the person giving the test trained on the device?

• How many times did you “blow” and were the results consistent or varied from each other?

• Were you observed prior to the DUI?

• Eating, drinking, smoking, vomiting, burping, etc. can all impact test results.

 

1. Fight the Officer’s Observations and Field Sobriety Tests.

• Speech impediment or Injury.  Do you have a speech impediment or other condition that could account for an officer’s observation of slurred speech?  Do you have a health condition that would prevent you from understanding or complying with the tests?

• Weather conditions.  Was there wind, rain, snow, etc. that could have affected your ability to hear the officer’s instructions and comply with them?

• Look at the National Highway Traffic Administration’s procedures to see whether the tests were administered properly.  If the officer did not properly conduct the tests, or if correct instructions were not given, then you can question the reliability of the conclusions drawn from the tests.

Your defense will be as specific as your facts, as each DUI case is unique, but this guide will assist you in finding and taking advantage of the weaknesses in the prosecution’s case against you.

If you are facing criminal charges, you may be looking at your bills and wondering if you can afford an attorney or if it’s worth hiring one.  A criminal conviction can come with a heavy financial impact, which can include fines imposed by the court, fees for counseling or treatment, the burden of lost wages if jail time is involved, and higher auto insurance costs if the offense was driving under the influence of alcohol or drugs.  This article cites studies and surveys for the proposition that

• Attorney vs. Self-Representation – In a famous case, Gideon v. Wainwright, Justice Black reasoned:  “fair trials before impartial tribunals  in which ever defendant stands equal before the law . . . cannot be realized if the poor man charged with crime has to face his accusers without a lawyer to assist him.”  This quote emphasizes the importance of an attorney in a criminal case.

 

Survey Responses Show Better Outcomes with an Attorney than Pro Se

• Respondents in a survey published at the site below indicated a high DUI conviction rate for defendants who represented themselves.  See  http://criminal.lawyers.com/dui-dwi/does-using-a-dui-lawyer-give-you-a-better-outcome.html

• Private Attorneys vs. Public Defenders – If you at an income level to qualify for a public defender, but you have family or others who are willing to contribute to you defense, you may be wondering if a private attorney would be more effective in representing you.  According to at least a few studies, the answer to that question is yes, private attorneys — statistically speaking – obtain much better outcomes for their clients than public defenders.

 

Studies Show Better Outcomes with Private Attorneys

• “Results indicate that defendants with public defenders are more likely to be detained pretrial, more likely to be convicted, and less likely to have their cases dismissed.”

(Excerpt from a study published in the Journal of Criminal Justice, a summary of which can be found here, http://www.sciencedirect.com/science/article/pii/S0047235213000366)

• “…studies suggest that having appointed counsel negatively affects case outcomes, such as conviction and sentencing, in that those with appointed counsel are more likely to be convicted and/or sentenced to longer incarceration terms.”

(Excerpt from a study about the effect of attorney type on bail hearings, which can be found at http://journals.sagepub.com/doi/abs/10.1177/0887403414562603)

• See also, “Charts:  Why You Are In Trouble if You Can’t Afford a Criminal Lawyer,” which can be found at http://www.motherjones.com/politics/2013/05/public-defenders-gideon-supreme-court-charts

• Other Considerations –There are many other considerations that you will need to weigh to decide whether to hire an attorney, whether to request a public defender, or whether to represent yourself.  A safe approach to take is to at least consult with an attorney initially, and then to decide the best course of action from there.  Some factors you might consider include:

 

• How serious is the offense?
• Am I innocent?
• Would I prefer to go to trial, or would I be more comfortable with a plea deal?
• What will be the financial burden of a guilty plea or conviction?
• What resources, side income, or family to help defray the cost of an attorney?

The decision about whether to seek representation is a very important one, and your selection of an attorney is also critical to your success, and this resource can help you think through some of the initial steps of preparing your criminal defense.

Identifying high-end and low-end products is easy, but how do you separate a good attorney from one that isn’t as skilled?  How do you find someone excellent, when you aren’t familiar with the legal system?  Even though you likely haven’t had a chance to observe your potential attorney in a courtroom or in a negotiation, you can look for personal qualities and ask candidates you are considering about their expertise in these areas:  

 

• Connections

 

Connections are extremely important, and you can ask your attorney about his or her professional contacts.  For example, if you case is criminal, you may benefit from an attorney who knows the prosecutor and who has appeared in front of your judge before.  Although those connections may not directly impact the outcome, as both prosecutor and judge are under obligation to be impartial, a personal relationship and experience with those people can help your attorney know the best approach and arguments to make to be compelling to those individuals.  Similarly, in a civil case, your attorney may be able to negotiate more effectively for you if he or she has a good professional relationship with the attorney on the other side.

 

• Experience

 

With the exception of patent law, attorneys don’t get a license to practice in a specific area.  Their state license entitles them to practice any type of law.  Because they aren’t segregated into specialties by licensure, the differentiator between different types of attorneys when it comes to specialties is experience. An attorney who is fresh out of law school may have a lot of enthusiasm, but often you will be better served by someone who has practiced for many years.  You can’t underestimate the knowledge that can only be derived from years of doing something.

 

• Research Abilities

 

Research skills are a hallmark of great attorneys.  Find someone who exhibits a genuine interest in all the aspects of your case.  You need someone who will listen and take careful notes as you explain the facts.  A good attorney will look to all the sources of information, whether that includes other witnesses, documents, emails, etc.  You will want someone who will have the tools and know-how to research any legal questions.  Most of all, you’ll want someone who can listen carefully and ask the right questions to fully vet your case.

 

• Organizational Skills

 

You may be surprised to discover that organization skills are one of the most important attributes for an attorney to have, but planning and calendaring are actually essential.  Courts have specific hearing dates and deadlines which must be observed, so you will want someone who has a system to keep track of these dates and who will not procrastinate working on meeting those deadlines.  Some attorneys will request information from their clients at the last minute, which can be problematic.  In some cases, you will be providing your attorney with a variety of types of information and documents, and you need an attorney who is capable of organizing this disparate information into a cohesive defense.

 

• Communication

 

An excellent attorney will be a great communicator.  He or she will be your mouthpiece to a judge, jury, or opposing party.  Your attorney will be the one to help create and tell your story.  You need someone who not only represents you well to others, but who also takes the time to communicate with you as often and as needed.  A common problem that crops up between attorneys and their clients is a breakdown in communication, so make sure you and your attorney speak up front about expectations on both sides for calls and emails and also the cost that will be anticipated with that level of communication.

If you look for an attorney with connections, experience, research abilities, organizational skills, and communication talents, you will likely be in good hands.

http://www.davidknechtlaw.com/775-2/

Your decision about who will represent you is one of the most important choices you will make for either a civil or a criminal case.  As you evaluate who will be the best attorney for you, you’ll likely consider important factors, such as each attorney’s reputation and experience as well recommendations from friends.  You will want to be sure when you consult as you weigh your options, and meet with potential counsel, you watch out for these misconceptions:

1. False:  The truth doesn’t matter.

In some cases, a defendant may not choose to testify, but that doesn’t mean that the truth doesn’t matter.  What really happened is often essential information for your attorney to know in your case, particularly if you are facing criminal charges.  Often the best way for your attorney to assist you is for you to be forthcoming with him or her about  everything that was said and done not just on the day in question, but also leading up to and after the event that is in issue.  With that knowledge, you attorney can more effectively prepare your case strategy and anticipate the actions of the opposing party.

1. False: You don’t need to make decisions about your case.

Your attorney’s role is to guide, assist, educate, defend and help you, but the role of the attorney is not necessarily to make all the decisions for you.  You will initially know the facts better than anyone, because you experienced them first hand.  You will ultimately be the person to pay the price of any result, whether that relates to your finances or your freedom. You should certainly listen to everything your attorney tells you with careful consideration, but don’t be afraid to ask a question or share an opinion.  A good attorney will be willing to help you weigh all the options and will let you make the best decision for you.

1. False:  You should be as unfair and uncooperative as possible with your opponent.

There are times to fight, there are times to negotiate, and there are times to cooperate. The best attorneys utilize all the tools at their disposal, and will advise you on the best tactic to achieve your desired outcome.  Don’t just assume that an aggressive approach from your counsel is always the best approach.  Avoid attorneys who only know how to fight.  A skillful negotiator can be a very powerful advocate for you, so don’t buy into the common misperception that an attorney’s only role is to fight hard for you.   

You have many good options to choose from when it comes to finding an attorney, but with these tips you will have extra tools to sort the good from the bad and make a great choice.