Hiring a DUI / DWI Attorney

Every year, more than one million Americans are pulled over and arrested for violating the DUI / DWI laws. This number includes many drivers who might have avoided the heavy DUI penalties or might have had their DUI charges dropped completely if they had obtained the help of a skilled DUI lawyer. DWI attorneys are often able to help thedrivers who do seek out their services. Many drivers fail to seek legal help because they are unaware of the complexities of the DUI / DWI proceedings. In addition to criminal charges, drivers accused of driving while intoxicated have to face administrative proceedings at the Department of Motor Vehicles and sometimes answer civil lawsuits brought by victims injured in DUI-related car accidents. An experienced DWI attorney can represent the driver's legal interests effectively and efficiently, helping achieve the best possible outcomes.

DWI Lawyers: Legal Defenses

Seasoned DUI / DWI attorneys are experts at handling the various aspects of DUI proceedings. Depending on each situation and the laws of the particular state, the attorneys can raise a variety of defenses to lessen the culpability of the driver:

Incorrect Field Report. The DUI attorney can dispute the police officer's description of the driver's behavior before being pulled over. For example, very slow driving speed might be explained by foggy or rainy weather conditions as opposed to intoxication.
Lack of Probable Cause. The police officer has to have a good cause for pulling the driver over. If the officer cannot show a probable cause, this might be a strong defense against the DUI arrest.
Faulty Breathalyzer Technology. The DUI attorney might look into the breathalyzer technology used by the police officer. Some breathalyzers are less reliable than others, which might be crucial in a situation when the driver's blood alcohol content level is on the borderline between intoxication and sobriety.
Miranda Rights and Implied Consent Laws. Prior to arresting the driver, police officers have to explain his or her Miranda rights. In addition, in states that have adopted the implied consent laws, the police have to familiarize the driver with their meaning before administering the breathalyzer test.
First Offense. The consequences of a DUI / DWI arrest depend heavily on whether this is the first or a repeat offense. A skilled DUI lawyer can help the driver explain that the DUI penalties should be reduced due to a clean prior record and references to a good character.

DUI and Car Accidents: Civil Consequences

Drivers who have been arrested for DUI violations after having caused car accidents sometimes face civil proceedings in addition to criminal prosecution (misdemeanor DUI or felony DUI charges). Because of high speeds and risky driving behavior involved in many DUI-related auto accidents, victims often sustain serious personal injury, such as internal bleeding, burns, spinal cord injury and traumatic brain injury. They often have to endure lengthy medical treatments and go through months and years of rehabilitation therapy. As a result, victims run up large medical bills, are forced to take time off work, and sometimes incur permanent disabilities. In order to obtain compensation for their physical, emotional and financial suffering, they often file personal injury lawsuits against the responsible drivers.

In a similar fashion, families of deceased car accident victims sometimes bring forth wrongful death lawsuits to hold those responsible for their suffering financially liable. The surviving family members typically retain a seasoned wrongful death lawyer to resolve the legal proceeding as efficiently as possible. The attorney often begins the process by filing a wrongful death lawsuit against the intoxicated driver who caused the tragic accident. The lawyer then might attempt to negotiate a settlement in order to avoid an expensive, emotionally challenging trial. However, sometimes settlement is impossible and the jury has to decide whether or not to award damages to the surviving family.