DUI Lawyer: Their Role in Defending Your Rights (2024)

What Is a DUI Lawyer?

Lawyers do not take a class called DUI law in law school. Instead, most who handle DUI cases practice criminal defense law. They use the skills they developed defending other types of cases, such as assault, hit and run violations and homicide, to defend people accused of drunk driving.

Most DUI lawyers receive their training at their first job. These lawyers usually work for an experienced criminal defense lawyer performing legal research, drafting documents and attending hearings and trials. Over time, the lawyer learns essential skills for defending DUI cases, including:

• Listening to the defendant’s side of the story and identifying possible defenses

• Identifying constitutional violations

• Double-checking the police investigation

• Reviewing the prosecution’s evidence

• Interviewing witnesses

• Negotiating plea agreements

• Presenting evidence at trial

• Advocating for the client before a judge or jury

Eventually, the DUI defense attorney will handle cases without supervision. However, depending on the situation, they often have a network of colleagues in their firm or in other firms who can help them with difficult issues.

How Good DUI Lawyers Defend Clients

Every state has a DUI law with two options for police officers and prosecutors. First, officers can arrest drivers based on impaired driving. To win a conviction, prosecutors must prove that drugs or alcohol impaired their abilities. They usually use evidence like bodycam footage to show the driver’s impairment and how it affected their driving.

Second, officers can arrest drivers with a blood alcohol concentration (BAC) over the state’s legal limit. In most states, it is 0.08% BAC, although Utah has a lower limit of 0.05% BAC. Prosecutors do not need to prove impairment to secure a conviction. The only evidence required is the test result.

Experienced lawyers for DUI cases have several defenses they can raise. The facts of the case dictate which of these defenses apply. Your lawyer might consider using the following defenses:

Arguing the Traffic Stop Was Illegal

The Constitution’s Fourth Amendment prohibits unreasonable searches and seizures. This means the officer must have probable cause to believe a driver broke the law before stopping them. An officer cannot simply sit in a bar’s parking lot and pull over everyone who leaves it.

Instead, they must see something that raises a reasonable suspicion of DUI. Some common grounds for probable cause include weaving, speeding, driving too slowly and hitting the curb. If the officer cannot identify the grounds for the traffic stop, a judge can throw everything out, including a failed field sobriety or breath test.

Similarly, an officer must have grounds to search your vehicle. They can ask for your permission or obtain a warrant. They can also seize anything in plain view, like an open container of alcohol. Again, a judge can throw out anything found in your vehicle if the officer failed to recognize your constitutional rights.

Proposing Alternate Reasons for Erratic Driving

Perhaps your arrest was based on impairment, and your BAC was below the legal limit. In such cases, your DUI lawyer can present evidence proving alternative reasons for the officer’s observations.

For example, you might have swerved or slammed on your brakes because you spilled a soda, dropped your phone or got stung by a bee. This argument might expose you to reckless driving charges and make you liable for any car accident you cause. But it could save you from a DUI conviction.

Questioning Chemical Test Results

Officers determine your BAC by testing your breath, urine or blood. Breath and urine tests are more common due to their convenience. However, they only estimate the amount of alcohol in your blood. A lawyer can question whether a breath or urine test gave an accurate measurement.

The only reliable way to test whether your BAC exceeds the legal limit is a blood test. Even these tests provide inaccurate results when the sample is contaminated or the test is run incorrectly. A DUI attorney knows how to raise these questions and which expert witnesses to call to analyze the test and identify its flaws.

Guiding Clients Through the DUI Process

Having to go through the justice system can cause confusion and fear. One of the most important roles of an impaired driving lawyer is to guide you through this stressful process.

Your lawyer will work with you to prepare your defense. At the same time, they will also communicate with the prosecution to determine whether any plea agreement is possible. Plea bargains often benefit the defendant by eliminating the time, cost and risk of a trial.

However, the offer must be good enough to forgo the chance of an acquittal. For example, if a prosecutor agrees to recommend alcohol treatment and probation rather than jail time, you and your lawyer will likely consider accepting the deal.

You will go to trial if you do not reach a deal. Your lawyer will vigorously defend you by presenting exculpatory and mitigating evidence and advocating for an acquittal. Winning at trial means you go free. Losing means facing consequences such as jail time, fines and mandatory substance abuse treatment.

How to Pick a Good DUI Lawyer

First-time offenders often lack experience in hiring a lawyer. Before searching for a “DUI lawyer near me,” consider talking to friends, co-workers and family members about attorneys. Referrals from satisfied clients are very valuable in your selection process.

Experience matters in DUI cases. During your DUI lawyer free consultation, ask about the lawyer’s results in similar cases. You must also ask about fees. Criminal defense lawyers usually charge an hourly fee or a flat rate. Review the lawyer’s billing policy to understand exactly what you will pay.

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