DUI DEFENSE
If you are charged with a DUI, or
expect DUI charges to be filed against you, Dan can help. DUI is a serious
offense that carries both administrative and criminal penalties. In order to
understand these penalties, and the criminal process, you should consult an
attorney. All of Dan's DUI consultations are free. Through a consultation, Dan
can discuss with you your situation and your options in defending against the
DUI charges. The information discussed in a DUI consultation is confidential
even if you choose not to retain Dan's services.
A DUI case has several important phases. The DUI case begins on the night of
the arrest and may conclude with a jury trial, a plea bargain to a lesser
charge, an outright dismissal, a deferred prosecution, or a conviction.
Whatever the final outcome, a person charged with DUI needs to understand the
implications a DUI will have on their driving record, their job, their family,
and their criminal history. In order to protect your rights, and to maximize
your likeliness of an optimal outcome, you should contact an attorney
immediately after you have been arrested for DUI.
If you have a DUI conviction on your record, schedule a free consultation with
Dan. You may have a legal basis to attack your judgment.
DUI PROCESS
Arrest
In order to lawfully arrest you for DUI, the officer must be able to establish
probable cause. Probable cause to arrest exists if facts and circumstances
within the arresting officer's knowledge and of which he has reasonably
trustworthy information are sufficient in themselves to warrant a man of
reasonable caution in a belief that an offense has been or is being committed.
Additionally, the court may consider the special experience and expertise of
the arresting officer.
To establish probable cause, the Officer take into account your driving, your
statements, and your physical and mental demeanor, including dexterity and
coordination. The Officer will ask you if you would like to take a field
sobriety test or something to that effect. These tests are voluntary.
You do not need to take these tests. I advise my clients to
politely decline this test. The Officer may also ask you to take a Portable
Breath Test. This test is also voluntary and is inadmissible for any purpose
at trial. The Portable Breath test is different from the DataMaster Breath
Test performed at the police station. A refusal to take the DataMaster breath
test carries significant legal consequences.
At the time of arrest, the officer must read you your Constitutional Rights,
also known as Miranda Warnings. Once you have been read these warnings, you do
not have to answer any questions. The fact that you choose to remain silent
after being placed under arrest cannot be used against you at trial.
In order to avoid making any incriminating statements, it is best to invoke
your right to remain silent after being placed under arrest.
