Frequently
Asked Questions About DUI In
A. A DUI is a felony or misdemeanor criminal offense, not just a traffic ticket. If you are convicted of a DUI, there are mandatory legal penalties. Your driver's license is automatically suspended unless you fight. Your auto insurance rates will skyrocket, and the conviction may be added to your credit report. If you hold a professional license, a conviction must usually be reported to your governing agency. In short, you have a lot to lose. So it makes good sense to see if you can defend yourself against these charges. An experienced criminal attorney can review the facts of your case to find legal defenses to the charges. Q. What should I look for in a defense attorney? A. Most
attorneys do not practice criminal
law, and you need a specialist to defend your rights. When you're
looking for a criminal
attorney, you should evaluate the initial interview carefully. You
should feel comfortable with the attorney and confident in his or her
ability in this type of case. When you have questions, make sure
they're answered to your satisfaction. Some firms use paralegals or
secretaries to interview clients. Be sure you talk directly with a
competent criminal defense attorney. Q. Could I represent myself in court or DMV? A. Do-it-yourself legal work doesn't make much sense. DUI is a criminal matter and there are stiff penalties. Take it seriously. Q. What if I can't appear in court? A. Your attorney can appear for you in court in most cases. You don't have to be present. Q. Can I discuss my case with family members, friends, or coworkers? A.
No, don't. If you discuss your arrest
with others,
they can be called as witnesses by the prosecution. Your attorney can't
be a witness against you. Telling people about your arrest can damage
your reputation, upset your loved ones, and may jeopardize your job.
You should discuss your case only with your lawyer. Q. Can you guarantee
results? A.
Beware of any attorney who
guarantees
results. In the law, as in most other areas of life, absolute certainty
is not possible. However, the
best results in any case
always come from a good professional relationship with a competent attorney. Q. Can
I get my driver's license back? A.
Possibly. Each case has its
own special
facts, and there are valid legal defenses that can be used against your
DMV license suspension. One or more defenses may apply in your case. Q. What is the DMV hearing
about? A. The
DMV has the
right to
suspend or
revoke your drivers license if you don't challenge the action. To do
this, they decide whether the police officer had a legal right to stop
you and a legal right to arrest you. Then, depending on the test you
took, they also decide whether your blood alcohol content was legally
above the limit. Hearings for test refusal cases are held in much the
same way.
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