Sunday, January 12, 2014

What To Do If You Are Accused of DUI

For those who have been recently charged with a DUI, it is no lightweight charge you can just dismiss on your own. DUI charges are extremely serious charges - they can result in jail time.

DUIs are frequently given for those under the influence of alcohol, but this is a misconception. Any consciousness-changing material that will leave one incapable of driving, including prescription drugs, is considered DUI. DUI charges were once considered comparatively mild violations, but this has transformed in recent decades. Now, a DUI charge requires the help of a criminal lawyer in every case - even if it is your first violation.

When you are pulled over for suspicion of DUI: Cooperate, but exercise your right to remain silent. If you're pulled over for suspicion of DUI, the authorities will typically offer you a number of field sobriety evaluations (reciting the alphabet, walking heel to toe for many measures) that will help "show" or "disprove" your present state of intoxication/deterioration. Generally speaking, most lawyers recommend that you NOT take the field sobriety test. This is because many of the tests are so hard, and so open to interpretation, that they will most likely hurt your chances of being set free. It is much better to take a breathalyzer test.

Work with all the authorities and follow their directions, but *promptly* exercise your right to remain silent should you be put under arrest and read your Miranda rights. Don't say anything additional to anyone and hire a criminal attorney who understands DUI. He or she'll guide you on the most appropriate course of action at that point.

You'll need a skilled criminal lawyer on your side, from the very start of your own case! If you're innocent of your DUI charges, you might believe you don't need a criminal attorney. Sadly, this is simply not accurate. It's no mistake that when you are read your Miranda rights, you're told, "Anything you say can and will likely be utilized against you in a court of law." That holds true if you're innocent, too. For example, you must *never* give cops interviews unless your attorney exists. He or she'll shelter you from making errors that could undermine your case and perhaps even result in real conviction despite your innocence.

Criminal lawyers will guide you through court procedures, and shield your rights. When you go to court, it’s not just about deciding your innocence or guilty. It’s about which side presents the most powerful, and convincing case. Will the prosecutor establish their case and "win," or will your criminal lawyer?

When you have an experienced criminal lawyer on your side in court, you've got the most effective weapon potential to get your DUI charges dismissed. Your attorney will present the facts of your case to the judge or jury compellingly, succinctly, and certainly. The prosecutor will also do his or her best to try and establish your guilt, but in skilled hands, the facts speak quantities. A seasoned criminal lawyer can help you establish your innocence and place this behind you.

Getting a DUI is not only stressful, but also expensive. The expenses come from not just posting bail, and paying legal fees, but also from taking off time from your job to fulfill your sentence. The national average cost of a DUI is around $10,000 – but can be higher, depending on the severity.

 For example, in a state like New York, the average cost of a first time DUI can range from $6000 to $10000

Here are some of the costs you’ll have to endure in a state like New York

1. Minimum Fine - $500

2. Auto Insurance Increase, $2600 - $6000

3. Penalty Assessment $175

4. State Restitution Fund - $100

5. Alcohol abuse Education Fund - $50

6. Blood/Breath Testing Fee - $37

7. Jail Cite and Release Fee - $10

8. Driving/Alcohol Awareness School - $175

9. License Reissue Fee $75

10. Attorney Fees (average) - $4000 If you're guilty and/or certainly are a "repeat offender"

Eventually, if you're guilty of your DUI charges and/or have previous DUI convictions, a criminal attorney will make sure that you are represented correctly on your trial and can work to reduce or dismiss any unjust charges, so that you're guaranteed the very best results possible. In many cases, if you are previously convicted of a DUI offense, it will be much harder to prevent a conviction. If it’s your third or fourth time, you will probably go to jail, assuming you are guilty.

About The Author

James Denton, is a SEO blogger for the criminal defense law firm of Raiser & Kenniff, PC. The partners at Raiser & Kenniff, PC, are legal commentators, appearing on news channels such as FOX, and more. If you’d like to learn more about Raiser & Kenniff, PC – visit

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