When to Consider Hiring a DUI Lawyer

Drinking alcohol and operating a vehicle are never a good combination. According to the National Highway Traffic Safety Administration (NHTSA), approximately 11,600 people died on American roads in 2021 due to driving under the influence of alcohol.

While alcohol impairment is the most common cause of impaired driver accidents, driving under the influence (DUI) extends to other substances, such as illegal drugs and prescription medication.

When stopped for suspicion of DUI, the police will first check for obvious signs of intoxication through a field sobriety test (FST). After a field sobriety test, the officer can ask you to take a breath or urine test to determine the level of intoxication.

Federal BAC Limit

Federal laws limit the allowable blood alcohol concentration (BAC) for drivers over 21 at 0.08 percent and 0.01 percent for drivers under 21. If, after a test, you are found to have a higher BAC than the legal limit, there is a high chance you will be charged with DUI. You can also be charged with DUI even when your BAC is below the legal limit if the arresting officer deems the resulting impairment poses a risk to other drivers.

DUI carries the most severe penalties of all traffic offenses and is treated as a criminal offense. You could be looking at hefty fines, jail time, and license suspension and revocation if convicted.

How a Lawyer Helps

It is almost impossible to navigate a DUI lawsuit without a defense lawyer because the laws around DUI can be quite technical. Having a lawyer on your side helps in several ways. First, a lawyer will help you understand the potential consequences of a DUI and propose strategies to avoid them.

When devising a strategy, a lawyer will look at the prosecution’s case, its evidence, and its loopholes. If the prosecution has glaring evidence against you, a defense lawyer can help you strike a plea bargain deal.

A plea bargain deal can involve pleading guilty to your charge in return for a less severe penalty – for example, reduced fines or avoiding license suspension. It can also involve pleading guilty to a lesser charge, dismissal of additional charges, or deferred prosecution. The prosecution is not obligated to offer any deal but will readily do so to save time or when they may not have sufficient evidence in your case.

The court process can also be pretty challenging, and mistakes in filling out papers, appearing in court, or any other court-related obligation can complicate your case and cause additional trouble, so you will need a lawyer to help you with the legal process and inform you of your rights.

The Sooner the Better

“Most people arrested for a DUI make the mistake of waiting until it is too late to involve a lawyer,” says attorney Karin Riley Porter of Karen Riley Porter Attorney at Law.  Waiting before involving a lawyer makes your chances of getting a favorable outcome slim because it opens the door to mistakes that can compromise your case.

If you have a lawyer in your contacts, the best time to call them is after you are stopped and the officer expresses their intention to place you under arrest or subject you to a chemical test. If you do not have one on your contact list, you can ask someone to recommend one.

You do not have to answer questions the police ask besides giving them the information necessary for identification. Any other questioning should only be done in the presence of a lawyer to avoid costly mistakes.