“Oh! My DUI lawyer near me, never told me so.”
No one tells you their trade secrets. Lawyers are no different. We are a groups of lawyers ourselves, and I do understand that every DUI lawyer near me is not open to share his tricks.
Let’s read on the article to know a few secrets that I wish my DUI lawyer near me had told me, before I found it out myself, off-course the hard way.
While I don’t want to criticize the DUI lawyers near me. But the fact of the matter is, all lawyers are good talkers, after all they get paid for talking only. Talking Right, and many a times, Talking not so right.
11 Secrets that my DUI lawyer never told me.
My DUI lawyer never told I didn’t even need him.
You probably don’t even need a DUI lawyer. A lot of information that you need is anyways available online. If you are able to weed-out the crap and utilize the reliable resources that are available on the web and YouTube, most of your queries will be solved.
Read our article to know, when you don’t even need a DUI attorney.
May be the fine amount, penalty, jail-time or community services that you would have to do, are set by the law. There’s no way your DUI attorney can get it reduced or waived off.
My DUI lawyer told that refusing a Blood or Breath test is treated as an admission of drinking.
That’s not the case at all. If you refuse a Breath-test, Blood-test or the Sobriety-test. It is not automatically taken as an admission of the guilt. Most states take it as a presumptive evidence, which you can always defend later.
Many a times, we have seen people successfully defending the refusals on medical grounds etc.
As per my lawyer, Field Sobriety tests are considered as strong evidence.
The three most common field sobriety tests are the Eye-Jerking test, 9 step-walk & turn and 30 seconds stand on one leg. They do these tests to determine specific type of blood alcohol levels, but in no way they can prove the impairment.
Courts don’t consider these tests as very strong evidences, as they are hardly 70% reliable.
For an example, The Horizontal Nystagmus Test (HGN) is anyways found positive in almost 10% of population, even if they had no alcoholic history at all. Many medical conditions such as vertigo, inner ear infections, Meniere’s disease etc. can cause eyes to jerk. The administering police officer moves the object (may be a pen) back and forth, and doesn’t stop until there’s an eye jerk. So, the authenticity or admissibility of all field sobriety tests can be challenged and defended.
My breath-test came 0.9, as per the DUI lawyer near me, I am in a big trouble.
Policemen do the state-administered Breath analyzer tests on Intoxilyzer 5000 breath testing machine. There are many flaws in this machine’s mechanism. The results of Intoxilyzer 5000 are not always accurate and lawyers can beat them in the court.
It considers your temperature to be normal. In case of fever, a single degree increase in your temperature can cause the BAC (Blood Alcohol Concentration) levels to rise by up to 7%.
It considers the Partition Ratio to be 1:2100. It means for every particle of alcohol in your lungs, 2100 particles of alcohol are assumed to be in your blood. However, in reality, the partition ratios in humans can vary from 1:1500 to 1:3400.
It assumes that your blood alcohol levels are now on a decrease. However, for blood alcohol levels to peak, it may take 30 minutes on an empty stomach and about 2 hours on a full-stomach, post which it starts decreasing. If they do your breath-test before you peak, then there may be up to 50% higher alcohol in your breath than blood. Breath alcohol comes from arteries and blood alcohol comes from your veins.
Apart-from the above, there can be variation in results depending on deep-lung breath. Radioactive frequency, like mobile signals, can also affect the machine’s accuracy.
In-fact, even in the police manuals, it’s often mentioned that Intoxilyzer 5000 machine, if calibrated after each test (not after the prescribed 3 months) has given up to 80 errors in a month.
What all the above means is, even positive breath tests can be beaten.
My boyfriend and I consumed about the same amount of Alcohol, I asked a few DUI lawyers near me. Why did I test much higher BAC levels than him?
The same body size woman having had same amount of alcohol, tests more blood alcohol than a man. This is a clinical fact. So, yes, the blood tests are partial to women.
I have seen many DUI lawyers near me, who have beaten the DUIs for female offenders on this ground.
Likewise, two males who weigh almost the same and have had the exact same amount of alcohol, the one who has more body fact will test more blood alcohol. This is because of the fact that fat holds less water than the muscle, and thus burns less alcohol from the blood.
What all the above means is, Blood tests are also subjective and can be beaten.
A DUI lawyer near me told that all public prosecutors want to drag the DUIs to trials.
This is definitely NOT TRUE.
All public prosecutors, in all the states, are over-burdened and over-worked. They would always try first to make you plead-guilty so that the case doesn’t go for the trials. And, if you refuse to plead guilty, they will try to do a plea-bargain to close the case as quickly as possible.
Public prosecutors have to deal with so many cases. For an example, as a public prosecutor, I would want to focus on a felony charge, rather than a DUI.
The plea-bargain is always a better option for anyone who is facing a DUI. I have seen many a times, DUI lawyers near me doing effective plea-bargain and getting you plead guilty of reckless driving than DUI.
I want to plead guilty but the DUI lawyer near me told I should do it at the arraignment.
If the DUI lawyer near me wants to wait till the arraignment for me to plead guilty, I would understand that he is not prepared with the evidence yet.
The arraignment is the formal reading of charges by the public prosecutor to the defendant, this is the first thing that happens in any trial whatsoever. Once the defendant and his attorney have understood the charges well, they start preparing for their defense.
Most courts don’t provide the evidence copies to DUI attorneys, until the arraignment, or sometimes until 10 days before the trial. A sharp DUI lawyer near me, would procure the copy of police report and video evidence beforehand to decide whether to plead guilty or not.
The DUI lawyer near me quoted me an exorbitant fee.
All DUI lawyers near me negotiate their rates. They all sound pretty non-negotiable though.
Lawyers and attorneys operate in a very competitive market. There are plenty of good-bad options available for you. When you walk into a law office, or initiate a call to a DUI attorney, they want to close the deal no matter what. Be patient, don’t sound too desperate and you will definitely end up getting a much better deal.
Again, it’s better to hire an attorney on a fixed rate rather than on the hourly one.
I want to hire a DUI lawyer near me, who has studied DUI as specialization.
Studying Law is not like studying medicine. For someone to be a Neurosurgeon, He has to take Neuroscience as his specialization in college of medicine. A doctor doesn’t graduate to be a pediatrician and neurologist at the same time. Imagine someone doing an open-heart surgery to you, and he has never done it before. This can pretty much happen in the case of lawyers. A lawyer representing you in a murder case might not have dealt with murder case any time before in his life.
Law schools offer no specializations, or specialized trainings. Everyone studies the same thing, and then start practicing different subject-matters of law after they pass-out of college. A Divorce lawyer and DUI lawyers can be the classmates, having studied the exact same subjects.
The DUI lawyers near me is always busy in court trials.
90% of legal work happens on mails, emails and phone calls.
Television and movies highly dramatize the Law profession. We imagine a sharp minded lawyer who wears a jet-black suit and shouts out on opposition lawyer in a packed court-room all the time for you cause. Well, that mostly is not the case.
Trust me, I was paying a really high fees to a DUI lawyer near me, just to make a couple of phone calls to the policemen or the prosecutors, whom he might even be friends with. It may be about filling up a few blanks in the forms that they might have done a thousand times before.
As per the DUI lawyer near me, it’s an open and shut case. I should be able to beat the DUI easily.
Drunk-driving puts so many lives at risk. You should never expect to beat a DUI easily. Yes, it’s possible to beat a DUI, but it can never be easy. A DUI lawyer near me uses his experience and relationship with cops, prosecutors and judges to highlight the flaws in the alcohol tests and legal procedures to give you the benefit of doubt.
A small opening, in the form of an error by policeman, can be widened to beat the DUI.
Law profession is most mis-perceived profession. Thanks to TV and movies, we have built a perception that Law practice is all about court-room arguments. The truth of the matter is, all DUI lawyers near me spend about 90% of their time on phone and mails.
The law community is very small. Prosecutors, Cops, DUI lawyers near me, as well as the judges meet each-other often. They have no choice but to build a good relationship with each other. More often than not, the DUI lawyer near me called the prosecutor, spent 90 of call-time talking about their wives and kids and then remaining 10% time on my DUI case.
The most important fact is, every party i.e. cops, DUI attorney, as well as the Public prosecutor don’t want the case to go the trials. They first want you to plead-guilty. If they find a hard nut in you to crack, they start the plea-bargains.
Breath Analyzer tests, Blood Alcohol Tests, and the Sobriety tests can have flaws, They are not 100% reliable. A good DUI lawyer near me always had a chance to prove them wrong. And, your refusal for any of these tests at the time of the arrest doesn’t have adverse effect on your DUI case.
If you are facing a DUI, the most important question that you need to ask yourself is, has the DUI lawyer near me had enough DUI cases under his belt?
You should always negotiate the fee from the DUI lawyer, and ask him to take the case to the plea-bargaining.
If you are facing a DUI, you definitely need to go through our DUI FAQs.
You should also check some useful information on States of California, Department of Motor Vehicles website.
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