It is considered a criminal offense if an individual is driving under the influence or DUI as well as driving while intoxicated which is also referred to as DWI. When an individual’s blood alcohol reaches the legal level of around 0.05 percent to 0.08 percent, he or she can be convicted. A DUI attorney is almost the same as a criminal defense attorney. The difference between the two specializations is that a DUI lawyer specializes in handling DWI cases as well as DUI cases. They are also the ones who represent the individual that was charged and arrested with a DUI or DWI.
The process in court can be quite long for this type of conviction. In most of these cases, there are several hearings throughout the case, the first one being at the Department of Motor Vehicles with the final hearing being at the State Court or the County Court.
The primary role of a DUI attorney is to explain the charges that his client is facing, recommend the strategy to his client, and to represent his client through the hearings or arraignments. The lawyer is also the one who handles all of the administrative details that were involved in the case.
A client can plead guilty to all the charges that he or she is facing. A skilled DUI lawyer will try to attempt to get almost all of the charges to be dropped or at least lessened. The lawyer is tasked to try to negotiate with the judge during the pre-trial period of the case at hand. The DUI lawyer can recommend his client to enter a sentence bargain or a plea bargain. The lawyer may file a motion to try to overthrow his client’s statements if the client was arrested. He may try to say that the defendant’s statement during the arrest was coerced by the authorities that arrested him. Another thing that the lawyer can do is to schedule an evidentiary hearing to uncover some evidence that the prosecution might be withholding that could help the case of his client.
During the trial, the lawyer should assist in selecting the jury. He would gather expert investigators as well as witnesses on his client’s behalf. He should also try to expose any discrepancies in the police procedures or the charges that were used to be filed against his client.
A DUI lawyer should have a strong communication skill to help him in negotiating with the prosecution and informing his or her clients about their options and their rights. He should also be highly organized in handling the evidentiary details as well as being able to sort out and have good critical thinking skills to help him in looking for the best possible option on his client’s behalf.
What are the roles and responsibilities of a DUI Lawyer?
A DUI lawyer should be competent for his client to be able to get a favorable judgment. Here is a list of roles and responsibilities a DUI lawyer should possess:
- It is the lawyer’s responsibility to look for evidence that will help his client during the trial
- He should also help his clients understand the law for them and look for other legal options they can use.
- The lawyer is the one who prepares and drafts the legal documents needed in the trial. It also includes the legal briefs and the appeals of his client.
- It is also the responsibility of the lawyer to negotiate with the judge for his client’s punishments as well as the plea deal and the settlements for the case.
- The DUI lawyer also tries to resolve the cases as quickly as possible and as favorable to his client as possible.
- It is also their responsibility to take note of the deadlines as well as the paperwork that is needed during the trial.
What are the skills that a DUI Attorney should possess?
Some of the skills that a DUI Lawyer should possess were already listed above. Here are the other skills that they need to have in order for them to effectively help their client.
- A lawyer should have the ability to work with a team of lawyers or by themselves to develop case strategies.
- As mentioned above, a lawyer should not just have excellent communication skills but should also excel in writing documents. The lawyer must also be good at researching.
- Last but not the least, they must have the decision-making skills and problem-solving skills needed in an attorney.
Any defendant facing a DUI charge must work with a lawyer who can help out in the case. An example would be Benari Law where the firm specializes in cases like DUI charges. A DUI defendant can have the charges lessened or dropped if he or she works with an experienced lawyer.