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The costs and benefits of hiring a lawyer for your DUI case

by Joseph Hazelbaker

Created on: May 02, 2008   Last Updated: January 21, 2010

Nothing can sober a drunk driver faster than the sounds and signs of the sirens in their rearview mirror. Think fines, jail, lost license, and expensive insurance for the next seven years.

Some might think it better to get the nightmare over, skip the attorney, and take what's coming. However, a good attorney is worth their weight in gold and can save you many times what you pay them in fees. Here's why.

The first thing that happens when you are cited with a DUI offense is the officer hands you a ticket with one hand and takes your license away with the other. This is called an administrative license suspension. But, you can get your license back, if you act quickly.

Hire an attorney right away and they can get into court, appeal that suspension and get your license back temporarily. Local lawyers know this routine and know how to convince the judge to overturn the suspension.

The next thing that happens is you are arraigned. This is where you plead either guilty or innocent. You may want to get the nightmare over with and plead guilty. Fight the urge. A DUI conviction will go on your driving record; ruining your insurance and any chance at getting a job that involves driving. It causes an  inconvenient for your friends and family while your license is on ice and you can't drive yourself around for the next six to twelve months. Your attorney will enter a plea of not guilty and a future hearing will be scheduled.

During that time, your attorney will work with the prosecutor to settle your case. First time DUI offenses are usually pled down to reckless operation. Any good lawyer can get you that deal, if the facts of your case aren't out of the ordinary. People who try to represent themselves always end up worse off than those with a decent lawyer. I've worn both the public defender's and the local prosecutor's hats and never, not once, have I seen an unrepresented person get a good a deal as the person who had an attorney.

Understand that police have to follow numerous standards in order to stop you and then cite you for a DUI. If they screw either up badly enough, your attorney can either get your DUI dropped or reduced to a lesser offense.

For example, an officer must have a reasonable articulable suspicion for stopping your vehicle in the first place. The U.S. (and most states') Constitution protects citizens from unlawful searches and seizures. This includes stopping you on a public road without a justifiable reason.

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