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Archive | Arizona DUI Lawyers

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

DUI laws (or Driving Under the Influence laws) are getting more and more fierce in recent years. Arizona recently passed a “super law” where a minor first time infraction is heavily penalized with mandatory jail time. Virginia is considering the same law. Other states are also steadily toughening up their DUI laws bit by bit.
If you ever arrested for DUI, you need a lawyer who is specialized in the DUI laws of that state. Unless you are a lawyer, you can never realize the details involved in fairly presenting your case. Trying to represent yourself in a VUI case is like trying to repair your plumbing if you don’t know what a wrench is.

What Will This Cost Me?
All DUI lawyers will charge different fees, but even then, those fees will be a lot less expensive for you in the long run than losing your license, paying crippling fines, or spending time in jail. The record of your jail time will follow you whenever you try to apply for a job or for welfare benefits to your auto insurance premiums.
The usual DUI lawyer’s fee, on average, starts at $1000. CNBC estimates that the average cost of a DUI charge is $20,000 even if you were later found to be innocent. You still have to pay for bail, any time lost from work, court costs and mandatory non-refundable fines.
Which would you rather pay?

Success Rates
Your chances of recovering from a DUI charge improve considerably with a lawyer on your side. If you are a first-time offender, then your chances of success can go up as much as 90% (according to some DUI lawyers). Finding out a potential lawyer’s success rate is a matter of public record, and some DUI lawyers certainly do have a 90% success rate. In this case, success means having your charge reduced, dismissed or acquitted.

Don’t fall for the myth that ANY lawyer can represent you in a DUI case. Law has become so specialized that you need a DUI lawyer specifically to get you through this. If you have a lawyer who is not a DUI lawyer, he or she is the first person you should ask for a recommendation. Chances are that your lawyer has already used this DUI lawyer’s services.

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How to find and choose a good DUI lawyer

Most people would prefer never to have to choose a lawyer for a criminal case. But in the real world, people are confronted by situations where having a lawyer with skills in a particular area of the law becomes necessary. Being prosecuted for DUI is not something a person should undergo without the “right” lawyer. In fact, to go through the process without a lawyer is foolhardy considering a conviction could result in points on your driver’s license; soaring insurance rates; revocation or suspension of your license; high fines; a permanent criminal record; and, yes, jail time. DUI is a traffic offense, but is considered a crime.

So how does one find a “good” DUI lawyer? Start with word of mouth: ask your friends. You can also look in the phone book under “Attorneys.” Most phone books sort attorneys by practice area. Look for “criminal law;” “traffic;” or “DUI/DWI.”

It is important to understand what “experienced” means. A lawyer can be “experienced” in a wide variety of practice areas. Because DUI cases are specialized, try to locate attorneys who used to be prosecutors or public defenders. They will know the courts, the judges, the officers, and what the prosecution will use to prosecute you. Never be afraid to ask the question, “How many DUI cases have you defended?” The more questions you ask before retaining an attorney, the better your chance of retaining someone best qualified to represent you. 
Someone who has a “general” practice, or whose practice focuses on personal injury, is not likely to best represent a DUI case.

DUI “law” changes constantly, so you want to ask the attorneys how up-to-date they are on DUI practice. A true DUI practitioner will be able to answer immediately. They will be able to tell you about the current state of the law and how it might affect the outcome of your case.
Of course the initial consultation should be free. And the retainer should be “reasonable” depending on the facts of the case. Expect a retainer of anywhere from $300 all the way up to several thousand dollars depending on whether there was an accident; an accident with injuries; or a pure “drunk driving where nothing happens on a deserted road in the middle of nowhere.”

That retainer is used for the initial process of defending you: performing legal research; drafting and filing motions; and interviewing witnesses. You might also be charged additional fees for the paralegal, associate attorney, expert witnesses (particularly if there is a fatality involved), copies, and legal research services on top of what the attorney charges for his or her time. Expect an attorney to charge between $85 to $300 an hour for their services and be up front regarding what you can afford. Some attorneys offer a “sliding scale” fee to accommodate people on a tight budget. A complex DUI case can easily cost $10-20,000 to defend because you could ultimately end up convicted of a felony such as aggravated assault or vehicular homicide. Regardless of the cost of defense, however, one thing must always happen: the attorney must fully disclose all fees, in writing, and give you time to review and approve them. Any attorney, who pressures you, even for $300.00, should not be retained.

And never believe that because an attorney is nice, you cannot reject their offer of services. You are not entering the morass of choosing an attorney based on personality, you want someone who can effectively defend you. You should also check with the state supreme court to see whether the particular attorney has ever been subject to discipline and ask about it.

One last critical issue: if you do not understand something the attorney has told you, ask him to clarify or explain what he or she said. There could be no worse situation than retaining an attorney who cannot explain his actions or strategy in layman’s terms.

The main point is: choose carefully and ask questions. Attorneys are trained to do what you are asking them to, and all attorneys took a class in criminal law. But some attorneys are more qualified through experience and training in certain areas of the law than others. By asking questions and not being intimidated by the law, you stand a good chance of choosing an excellent, well-qualified attorney.

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Arizona DUI Lawyer

What Information To Prepare Before Meeting With An Arizona DUI Lawyer

A DUI can end up costing you your freedom, your license, quite a bit of money and even your job.  If you have been issued a citation for a DUI in Arizona, you need to find a good Arizona DUI lawyer whose practice mostly consists of defending DUI cases, who keeps you informed of your case and who has vast experience in this field.  When you meet with your DUI lawyer, you are going to want to have as much information about your case as possible to help with the defense. The information to prepare includes the following:

The Citation

Your lawyer is going to want to look at the citation to see what you were charged with and why. They will want to see the reason that you were stopped. Were you stopped for driving erratically?  If you were stopped for no reason, the DUI lawyer may argue that stopping you and forcing you to take a breathalyzer test is a violation of your civil rights.   It will be very important for the lawyer to have a copy of your citation so that he or she knows what they are up against and how you are being charged.

Accident Reports

If you were involved in an accident that resulted in a DUI charge against you, the lawyer will want to know the extent of the damage to the other vehicle and to your own. They will also want to know if anyone else involved in the accident was issued a citation. This can be important to your case.  However, your DUI lawyer will most likely not defend you when it comes to a civil suit that can evolve from such an accident. This is often up to your insurance company. Depending on their area of practice, they may file a personal injury lawsuit against the other party in the accident if it appears that it was not your fault. The civil lawsuit has nothing to do with the criminal lawsuit and will be tried in a separate court.  A DUI is a criminal offense and will be tried in either traffic court or criminal court.

Employment Information

Your Arizona DUI lawyer is going to want to get your license back for you so that you can continue to drive, at least back and forth to work. They will need to know where you work and how far you have to commute in order to get the judge to issue a hardship license. This is often one of the first things that the Arizona DUI lawyer does after entering your plea. The hardship license is available if this is your first offense and can only be used for you to drive back and forth to work. Depending on the severity of your charge, however, you may or may not be eligible for the hardship license.

Medical Conditions

If you have medical conditions that may have been contributory to you getting arrested for a DUI, you need to give this information to your attorney. There are many medications that can mimic the effects of alcohol. If you are on such medication, your lawyer may argue that the medication was the reason why you did not pass the breathalyzer test. For most DUIs, a breathalyzer test is given right on the road that requires you to breathe into a device that will measure how much alcohol you have consumed. This is not exact, however, and only a blood test will state for sure if you were drinking alcohol or under the influence of drugs or medication.  Any medical conditions that you have should be documented and brought to your Arizona DUI lawyer as it is quite possible certain conditions can be used in your defense.

An Account of What Happened

You will want to write down an account of what happened and all that you can remember from the night in question. Your lawyer will want to know exactly where you started out and where you were going when you got pulled over for a DUI. Try to think of everything that you can remember about that night including the officer or officers who pulled you over, what they said to you and what tests you submitted to. If you were taken to a hospital because of an accident, you need to tell your lawyer that you were in the hospital as most likely a blood test was taken to determine the amount of alcohol in your blood. Anything that was unusual or seemed to be inappropriate on that night should be written down in this account and presented to your DUI lawyer.

Any Past Arrests

If you have had prior trouble with the law, let you lawyer know about it. Even if it does not relate to a DUI, if you have a past criminal history, you need to tell your lawyer as this information is something that the prosecutor in your case will have. You want to arm your lawyer with as much knowledge as you can so that he or she can work your defense.  If you have never before been arrested for any criminal conduct, this will most likely work in your favor.

A DUI can be a frightening experience and can also be very costly if you do not have the right attorney. By giving your Arizona DUI lawyer as much information as possible when you meet with them, you are giving them the tools that they need to defend your case.  They may suggest that you plead guilty to a lesser charge, such as reckless driving.  Or they may decide to fight your case on the grounds that there is no proof that you were drunk, that inappropriate action was taken by the police officers in your arrest or that there was a violation of your civil rights.

A good Arizona DUI lawyer will know the best defense to use on your case, but will have to review as much information as possible in order to come up with a defense for you. This is why it is so important that you give your lawyer information that may be pertinent to your case.   The relationship between a client and lawyer is privileged so you do not have to worry about anything that you say to your lawyer being repeated elsewhere.  Do not hold anything back for this may impede your defense. Be open and honest with your lawyer and provide them with the information that they need so that they can defend you against your DUI charge.

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