Working with a drunk driving attorney can be a crucial step in managing the legal complexities of a DUI/DWI charge. Here’s what you can generally expect during the process:
1. Initial Consultation
Assessment of Your Case: The attorney will ask about the details of your arrest, including where and when you were pulled over, what field sobriety tests were conducted, and your blood alcohol concentration (BAC) results.
Review of Evidence: The attorney will want to review any documentation you received, such as police reports, videos of the traffic stop, and results from any chemical tests.
Legal Strategy: Based on the facts of your case, the attorney will outline potential defenses or legal strategies to challenge the charges.
2. Explaining the Legal Process
Court Appearances: DUI cases often require multiple court appearances. The attorney will explain what to expect at each stage, including arraignments, pretrial conferences, and potentially a trial.
Plea Bargaining vs. Trial: Your attorney will discuss whether a plea deal is in your best interest or if it’s better to go to trial based on the evidence.
Administrative Hearings: If your license has been suspended due to the DUI, your attorney may help you navigate administrative hearings to appeal the suspension.
3. Developing a Defense Strategy
Challenging the Traffic Stop: The attorney may argue that the police officer did not have reasonable cause to stop your vehicle, which could lead to suppression of evidence.
Challenging BAC Results: Issues with how breathalyzer tests were administered or how blood samples were handled can sometimes be used to question the accuracy of your BAC results.
Field Sobriety Test Defense: Field sobriety tests can be subjective, and the attorney may argue that these were improperly administered or not indicative of impairment.
4. Handling Plea Negotiations
If the case doesn’t seem strong enough for trial, your attorney may negotiate a plea deal to reduce your charges or penalties. This might involve a reduction from DUI to a lesser offense (like reckless driving) or a lighter sentence.
5. Explaining Potential Penalties
Fines and Jail Time: The attorney will explain the range of penalties you might face, including fines, potential jail time, and community service.
License Suspension: DUI cases often result in the suspension or revocation of your driver’s license. The attorney can guide you on how long this might last and whether you can apply for a restricted or hardship license.
DUI School or Alcohol Education Programs: Completing a DUI education program may be required or could help reduce penalties.
6. Post-Conviction Matters
Expungement: If convicted, your attorney may help you explore whether the conviction can be expunged from your record after a certain period.
Compliance with Sentencing: Your attorney can provide guidance on fulfilling any court-ordered requirements, such as attending alcohol treatment programs or completing probation.
7. Costs and Fees
Attorney Fees: Be prepared to discuss fees during the initial consultation. DUI attorneys may charge a flat fee or an hourly rate. Some attorneys offer payment plans, but the cost can vary depending on the complexity of your case.
Additional Costs: There may also be additional costs related to court fees, fines, and any required programs or testing.
8. Communication and Updates
Ongoing Updates: Expect regular communication from your attorney as your case progresses. Good attorneys will keep you informed about court dates, plea offers, and any changes in your case.
Availability for Questions: A reputable attorney will be available to answer your questions and address any concerns you may have.
Hiring a qualified drunk driving attorney can significantly impact the outcome of your case, making it essential to find someone with experience in DUI defense.
This blog is not intended to be legal advice, if you have been charged with Operating Under the Influence (OUI, DUI, DWI all common acronyms varying by state for “Drunk Driving”) or any other crime in Massachusetts you should call an experienced and successful Drunk Driving lawyer immediately. Call Me Now at: (508) 393-4162.
I have been providing Operating Under the Influence (OUI and OUI Drugs) defense services in Massachusetts for over Thirty (30) years. I have been named a “Superior DUI Attorney” by the National Advocacy for DUI Defense, one of the “Ten best attorneys for Massachusetts”, by the American institute of DUI/DWI attorneys, a “Top 100 Trial Lawyer” by The National Trial Lawyers, I have earned the “Clients’ Choice Award” by AVVO, the Client Champion Platinum Award by Martindale-Hubbell and I have won over Ninety Percent (90%) of my trials.*