DUI/DWI QuestionsDUI & DWI DEFENSEQUESTIONS ANSWERED BY ATTORNEYS LICENSED IN VIRGINIA, MARYLAND & MASSACHUSETTSOur Massachusetts, Maryland & Virginia DUI/DWI defense attorneys are frequently asked questions regarding criminal defense. We hope that the answers you find herein answer some of your basic questions regarding DWI/DUI defense in Virginia, Maryland & Massachusetts. After you read this, if you wish to talk to our Virginia DUI defense defense lawyers, Maryland DUI defense lawyers or Massachusetts DUI defense lawyers, please feel free to call us, email us or contact us via our fast on line form. We are here to defend you. Contact us for a skilled, effective criminal defense. You can either call one of our offices in Virginia, Maryland or Massachusetts or send us an e-mail.
If you wish to consult with a Virginia DUI/DWI/OUI/DUID defense attorneys, Maryland DUI/DWI/OUI/DUID defense attorneys or Massachusetts DUI/DWI/OUI/DUID defense attorneys, please free to call us, email or contact us via our on line form. Please click on the state if you wish to see some of the drunk driving laws in: DUI (Drunk Driving) DefenseArrested for drunk driving? Even if you think you're guilty, it's still in your best interest to get a lawyer! After being arrested for drunk driving, DUI or DWI, you may feel so ashamed you believe you should go into court and beg for mercy, or just get it over with by pleading guilty to driving drunk and take your punishment. However, you may not be the best person to evaluate all the facts. Even if you have legal training in the specialized area of DUI or DWI (which is not usually the case), if you've been accused of driving drunk you probably don't have the objectivity required to scrutinize your case for any or all possible weaknesses or defenses. Thankfully, our American system of justice requires that the prosecution has the burden of proving beyond a reasonable doubt the guilt of anyone accused of DUI or DWI. This is the same legal standard used in the most serious of criminal cases. This is important! It is not "just a DUI!" Drunk driving, or driving under the influence of alcohol or drugs is a very serious charge, with very serious consequences. A qualified DUI lawyer or DWI attorney will be able to analyze the case through the eyes of a trained professional. An experienced DUI attorney will know the difference between someone that merely "feels" guilty, and someone that actually is guilty, based on the law and applicable legal standards. Never leap to conclusions about your own innocence or guilt! A conviction for DUI has many burdensome consequences. So before you throw yourself upon the mercy of the court, make sure you're not needlessly throwing yourself off the bridge as well. Actual DUI/DWI Defenses Even if the breathalyzer says you're above the legal limit, that doesn't automatically mean you're guilty! There are many defenses to DUI or DWI cases, and these should be explored before even considering pleading guilty to DUI or a related drunk driving offense. Since the prosecution has the burden of proving each and every element of the case beyond a reasonable doubt, you as defendant need only create reasonable doubt in one area in order to prevail against a drunk driving charge. Many people have a common misconception. It is perfectly legal to drink and drive (but not at the same time!). It only becomes illegal when a person is legally under the influence. Under The Influence of Alcohol or Drugs "Under the influence" is defined differently in each state, but generally it means a person has been drinking liquor (or taking drugs) to the extent that their physical and mental abilities are so impaired they no longer have the ability to drive a motor vehicle with the caution characteristic of a sober person of ordinary prudence under the same or similar circumstances. Defenses to the criminal charges may arise from many different areas, and consultation with a DUI or DWI defense attorney is critical to determine which may apply in any given case. An experienced DUI or DWI lawyer will know what type of driving patterns are consistent with sobriety, what the field sobriety tests revealed, and what factors could have influenced the chemical testing, thus making it unreliable. The Rising BAC Defense A DUI or DWI lawyer will know whether the defendant's BAC (Blood to Alcohol Concentration) was "rising" - below the legal limit at the time of driving, but above the limit when the arresting officer got around to testing it. Alcohol is absorbed into the body over time. Many factors, such as drinking patterns and stomach contents, can impact how quickly the alcohol gets into the system. It's quite possible for someone to be below the legal limit at the time of driving, only to have their alcohol level increase over time, to a point of being above the legal limit when the breath or blood test was administered. Other defenses relate to the reliability of the actual chemical test results. Some people, are simply not suitable candidates for breath testing due to dental problems, which trap alcohol in the mouth and create falsely high breath test results. Others suffer from medical conditions such as persistent heartburn (GERD), which can cause falsely high readings in breath tests. It only takes between a millionth and a billionth of a fluid ounce of alcohol to register a .10 on the breath test machines. This is above the legal limit in every state, and can result in a criminal conviction - unless any mitigating factors are fully explored by a qualified DUI or DWI defense lawyer. Every state has laws about the maintenance, calibration, and accuracy of the breath testing equipment used to test people arrested for DUI, DWI, or drunk driving. Perhaps the breath-testing device was improperly calibrated. Perhaps the person operating the machine wasn't properly trained or certified in testing DUI suspects. A criminal defense lawyer who only practices general criminal defense may not even know where to look for this information. A qualified and experienced DUI / DWI defense lawyer, on the other hand, will. Why Use an Experienced DUI/DWI Attorney?
In short, a qualified DUI / DWI lawyer will know what to do to protect you, even if you think you are guilty. REMEMBER! There is a big difference in feeling guilty, and being guilty! A well-qualified DUI or DWI defense lawyer will know how to properly mount a defense on your behalf in all these following areas:
Finding The Right Lawyer After being arrested for DUI or drunk driving, the first and most important thing to do is finding the right lawyer skilled and experienced in this particular aspect of criminal defense. It's like searching for a doctor to do an important medical procedure; once you find the right professional, your job is let them do the work. At SRIS, P.C. each of our member lawyers have a proven history of success at going to trial in their appropriate cases. When you need an attorney with specific DUI or DWI defense experience, you'll get an attorney who knows the ins and outs of the specific drunk driving statutes in your state. Our attorneys are always reachable, returning your calls professionally and promptly. You're also sure of retaining lawyers who keep abreast of all the newest legal information - such as attending conferences and lectures emphasizing the latest in DUI or DWI defense. Our DWI defense attorneys also belong to one of several state and national organizations dedicated to defending those accused of DUI or DWI. Our firm has case specific attorneys - all committed to providing the best defense for people accused of DUI, DWI, or any kind of drunk driving offense. AFFORDING THE RIGHT DRUNK DRIVING LAWYER As with most criminal defenses, the cost of a DUI / DWI defense attorney varies Here are just some of the major factors involved:
Each of these factors, and more, affects the fee charged by a DUI attorney to defend you against drunk driving charges. Our Guarantee to YouAs SRIS, P.C. we guarantee you the following: There is no charge for the initial consultation with a DUI or DWI lawyer to discuss the facts of your case. All costs, fees, and charges are made clear beforehand, so there are never any surprises or hidden costs later on down the line. There is always a written retainer agreement, specifying all details and payments expected. Hiring a DUI lawyer or DWI lawyer to defend a drunk driving case is an important decision. There's a lot at stake. We know that no matter how many cases we've handled, or whom we've represented before, the only case that matters to you is yours. You should feel comfortable with every aspect of your relationship with one of our qualified DUI or DWI lawyers, including the financial arrangements. A highly qualified DUI / DWI lawyer is just a toll-free phone call away. COMPLETE CONFIDENTIALITY As with every case we handle, you can rest assured every aspect of your defense will be held in the strictest of confidence. You'll never have to worry about "leaks" or embarrassing revelations being made public by anyone on our staff - from the secretary at the front desk to the attorney handling your case. DUI's and DWI's are no exception. Even if matters become a part of the public record - we still treat your information as private. No exceptions, no excuses. You have both our word and reputation on it. |
Tuesday, October 7, 2008
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