Drunk Driving caused approximately 15,794 accidents in 1999.

What is a DUI?

DUI is shorthand for "Driving Under the Influence." A person is guilty of DUI if he or she drives or is in actual physical control of a motor vehicle and is under the influence of alcoholic beverages or any chemical or controlled substance to the extent that his or her mental faculties are impaired or when his or her blood alcohol level (BAC) is above the legal limit for the state.
Myths about drunk driving

Myth: I have already been found guilty for having a DUI.

Reality: This is perhaps the most troubling myth-one harbored by attorneys and the general public. In the overwhelming majority of drunk-driving cases in which police obtains a chemical test, or an infrared breath analysis machine is used, not a blood test. This primary evidence is vulnerable for attack by a skillful practitioner. The general public have no idea how woefully inadequate infrared breath machine are as evidence gathering devices. These machines are so unsophisticated that virtually no scientist would ever trust the results as a basis for scholarly research or scientific investigation. Yet attorneys assume that since the state has approved the machine, its accuracy and reliability are not subject to challenge. There are at least 30 ways to rebut the evidence from these machines if the attorney understands how the machines work, what causes them to malfunction, and that they are nonspecific for alcohol. By doing exhaustive research, an attorney would understand their internal workings enough to cross-examine the state's witnesses effectively on their alleged inaccuracy.

Myth: DUI is a minor offense.

Reality: DUI with an unlawful BAC or after you refused to submit to a chemical or physical test. Your license will be seized, and the officer will issue you a traffic ticket, which acts as both a temporary driver's license and as your notice of suspension. Once upon conviction, varying from state to state. Most likely, you will be given a jail term and a fine of $50 to $150. Most states require a mandatory one-night stay on the first offense. In addition, most second offenses within five years, results in a mandatory 30 day jail term and a third offense usually results in a sentence of no less than ninety days. Furthermore, in most states, a drunk-driving conviction can never be removed from a driving record; so convicted offenders must endure the consequences of their convictions for the rest of their lives. Most of those convicted suffer from serious financial and social consequences. Some of these convictions can exact to a severe psychological toll.

Myth: Any attorney can represent a DUI.

Reality: When a prospective client walks into the average law office and asks for help on a drunk-driving case, some attorneys will agree to represent that person even if they have never handled criminal matters. The attorney may advise the person to plead guilty (depending on state law) and work out an arrangement with the court to keep his or her license with the least possible suspension time. The attorney may not adequately investigate the facts of the case or get copies of documents and other evidence that are readily available through discovery. In case like these I find the most skilled lawyer who specializes in this area of practice.

Myth: These DUI cases can't be won.

Reality: This is the most prevalent myth about these cases. Not only do members of the general public believe this; so do many attorneys. In fact, experienced drunk-driving defense lawyers can have the charge reduced to a different offense or otherwise obtaining a plea bargain that avoids a conviction most cases for first offenders were there is no evidence of a wreck or other manifest bad driving. The availability of alternative plea arrangements for offenders varies from jurisdiction to jurisdiction. Where jury trials are available, the success rates for acquittal are surprisingly good. The national average for acquittals is about 50 percent for those accused of drunk driving if juries hear their cases. In some jurisdictions, only about 20 percent to 30 percent of all drunk-driving arrests lead to a conviction, while other states have an 80 percent to 90 percent conviction rate. In the few states that have abandoned the right to jury trials for misdemeanor drunk-driving cases, defense attorneys will have a more difficult task convincing a judge to acquit. However, this only applies to about 5 percent of all drunk-driving cases.

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All information presented, including forms, documents and FAQs, are for educational purposes. None of this information has been reviewed by legal counsel and may not fit your specific situation.

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