Just like everything else in life, when you're choosing a DUI attorney, you get what you pay for. Under Florida Law, a DUI charge is a serious crime. Dependant upon the facts and circumstances, a first offense for a DUI can get you up to 364 days in the county jail. While the chances of that are slim, it is a possibility. A third DUI in 10 years is a felony and punishable by up to 5 years in prison. A fourth DUI at any point in your life is a felony and punished by by up to 5 years in prison. If somebody is seriously hurt or killed, you will be looking at a potential for 5 years or fifteen years respectively. Just focusing on the potential sentences, you are able to see why a good DUI lawyer isn't cheap.
A DUI charge is not the same as a traffic ticket and you and your lawyer shouldn't treat it that way. Just because you were arrested, just because you blew over a .08 or tested positive for drug use does not mean that you're or will be found guilty. There are many things that your lawyer must evaluate to be able to evaluate the strength of the State's case.
Every single DUI case begins by way of what is called a "police citizen encounter." Therefore, all DUI cases involve the 4th Amendment of The United States Constitution. It doesn't matter if you were pulled over or stopped at a DUI checkpoint. Your attorney should evaluate the premise for the traffic stop or consider the checkpoint plan to determine whether or not it meets constitutional standards.
A Fourth Amendment review of a DUI case doesn't simply involve reading police reports. Probable cause affidavits always make the State's case appear bullet proof. In order to properly evaluate the case, an attorney needs to get a copy of the dashboard video camera recording. The footage will often show both the driving pattern and the roadside sobriety exercises. A DUI case has two Fourth Amendment issues. First, it needs to be determined whether there was a legitimate constitutional basis to stop the Defendant and second, was there a legitimate constitutional reason to make an arrest. So as to determine these issues, your attorney should be familiar with NHTSA guidelines which set forth what might constitute probable cause for a traffic stop as well as what a police officer needs to be looking for when making his or her arrest decision.
If an only if the State is able to clear that hurdle, the attorney needs to evaluate the veracity of the chemical testing that was performed. The attorney ought to be knowledgeable about the 3 major testing methods, breath, urine and blood. All three testing methods have their own limitations. In order to properly investigate for a DUI case, an attorney must look into the calibration of the equipment, a defendant's biological or physiological limitations and laboratory methods. A strong knowledge of scientific principals is necessary in order to conduct this type of investigation.
All of the above work involves not only reading paper, but also questioning witnesses and taking depositions. Fighting a DUI charge is an exceptionally complex and time consuming process. However, there are defenses to a DUI charge. Many DUI charges are able to be beat. An individual needs to determine if he or she wants to put forth the effort to avoid a criminal conviction. If so, that individual must be prepared for a long time consuming process. A somekeyword's fees can be more than expected. However, when a client knows about the potential sentences, the specialized knowledge as well as the amount of preparation that must be put into the cases, the fees appear much more reasonable.
Daniel Rosenberg is a somekeyword with offices in Fort Lauderdale, Florida. For more information, please call (954)356-0413 or visit the firm website by clicking the following link somekeyword.
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