When defending a DUI or DWI case, you have to be quite experienced in this field to be successful. There is so much depending on the outcome for your client that you have to be specialized in what you’re doing. Approximately 2 million cases are filed with the courts every year and this takes up a large portion of the court docket. DUI/DWI has gone from being a minor offense to in some cases a felony and is a very serious charge. Depending on the circumstances, it can lead to the charge of manslaughter or murder. To defend charges such as this takes a definite knowledge of the law pertaining to these matters. Along with the charges come a few myths and this is where some lawyers go wrong.
Attorneys that think that most people that are accused of a DUI crime are guilty are living a myth and not doing their client any favors. Therefore, a lawyer with this general stance should not represent a person that has been accused of this. There are so many reasons that could lead to a client being wrongly accused that to do your client justice you have to believe in what he is telling you. Most attorneys assume that when the breathalyzer is taken the results are conclusive, but it could be faulty. In order to make sure that the results are correct you need to make sure that your client also has a blood test at the time. The lack of a blood test is often the reason that in some DUI/DWI cases the client is found not guilty. Lawyers have about 30 ways to rebut evidence from these machines. Another point to consider is the field sobriety test. Most of these are not given properly and there are no scientific bases to assume they are valid. A good defense should leave no stone unturned.
Some attorneys think that a DUI is a minor charge depending on the circumstances, but this is also a myth. Every charge should be taken seriously. The days of a minor DWI charge are gone and have been replaced where the full extent of the law is used even in what we deem as minor charges. An attorney should meet with their client before any court date and discuss with him freely about what took place and then start doing their homework based on what he tells you. If the client is convicted, it can have some very lasting effects on his/her life. They suffer financially due to the fact they may not be able to get to the place of their work, and a conviction can never be removed from their record.
Another result of a DUI/DWI conviction is that their vehicle insurance will increase 500 to 1000% above the premiums paid before the conviction. So it is imperative that the lawyer defends the client in the utmost manner.
Most people think these cases can’t be won, but given the circumstances, especially of a first time offense these cases can be won. With a good attorney, there are some situations where the charges can at least be reduced or some other form of punishment done in lieu of the charge such as community service and taking mandated courses. You can also plea bargain with the courts for a different way of dealing with this. A few states have abandoned the right to jury trials for this kind of offense. This makes the job of defending your client a little more difficult. Here you will have a tougher time getting an acquittal, but this only applies to about 5% of the states. Most people think that these cases are impossible to win, but they are not. A skilled lawyer will be able to work with their client to obtain the best possible outcome.
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