While processing you after a driving under the influence or alcohol or drug arrest, oftentimes, the officer will act as your friend. He or she will try to give you friendly advice. Sometimes it makes sense sometimes it doesn’t. I have heard from many clients that the officer said “don’t waste your money getting a lawyer” or “You don’t need an attorney–you’ll get probation” The officer thinks he knows the law and the ramifications from an arrest and subsequent conviction. Nothing could be further from the truth. Often times, the officer doesn’t know whether you have a previous conviction for driving under the influence or whether you are on probation or how a conviction is going to affect your driving record or how it will affect your job, your insurance rates and your future. . . You get the idea. By not getting an attorney, you act at your own peril.
When you get arrested for driving under the influence of alcohol or drugs you often face two real problems–1) Your drivers license and the motor vehicle department and 2) the state law where jail is mandatory on some first offenses.
There are fact situations where getting an attorney may not benefit you. Unfortunately you don’t know whether an attorney will help your case until an attorney has reviewed the case including investigated the blood test, breath machine, officer training, officers reports, witness statements and factors that affect the case such as medical conditions. Often times cases fall apart for the prosecution during a hearing challenging the constitutionality of the stop. Sometimes an attorney will need to get deep into the case before creating better options for the client.
The DUI case often includes a motor vehicle hearing where the attorney gets an opportunity to cross examine the police officer before the prosecutor has even seen the case. The motor vehicle hearing sometimes is the most important piece of the case because the police officer often isn’t prepared to answer specific questions regarding his training and the arrest. Committing the officer to one story that changes at a motions hearing or trial is golden. Good things happen when preparing for trial.
So do I need an attorney? If you want to make sure the case against you is valid and you want to achieve the best possible result by plea or trial–You should get an attorney. There is many ways a lawyer can help if you subsequently have to plead guilty to an alcohol offense. A lawyer will properly advise you whether to challenge the case or whether a better plea option is available. A lawyer will advise you whether hiring an expert to challenge the blood or breath results or explain a medical condition will benefit your case. The right lawyer will navigate you through the process.
Sometimes taking a plea is the only or best option. If a plea is on the horizon a lawyer will have you prepared for any type of sentencing. There is nothing more frustrating then sitting in court and watching the individual without an attorney get hammered by the Judge because he wasn’t prepared. He didn’t articulate what was going on in his life, he didn’t start taking classes, he didn’t say the right thing and the Judge didn’t listen.
Remember the officer isn’t your friend. Strongly consider hiring an attorney.