DUI

If you have received a citation for DUI (or any form of impaired driving), call us immediately so we can take the necessary steps to represent you. Your situation is time sensitive, and we need to begin representation right away to ensure that you are treated fairly by the courts and that you do not miss any crucial deadlines.

We offer DUI representation services because we have found that these situations can be inevitable and are often improperly addressed. Often, the most likely encounter with law enforcement personnel is a drive home from a charity event after a couple glasses of wine or a drive home from a friend's house after a few drinks. These situations are unfortunate, and it is important that a permanent blemish on your reputation is avoided. We provide DUI service as a stand-alone representation, and require no retainer or contract arrangement to act on your behalf.

WE DO NOT CONDONE DRIVING WHILE IMPAIRED

However, if you find yourself in a situation where you are impaired and have been pulled over, you have a choice to make: You can accept your fate, consent to field tests, consent to breath tests, and deal with your impending DUI; Or you can refuse field tests, refuse breath tests, and fight your possible DUI. There are advantages and disadvantages to both choices, which you should fully understand so that you can make an informed decision. If you wish to refuse, you need to contact an attorney prior to your police encounter so that you know your rights and can properly handle the situation.

DUI Test Consent and Acceptance

If you choose to accept your fate and consent to the tests, you will likely be cited for impaired driving for blowing over the legal limit or by failing the field tests. Blowing under the limit is not a guarantee to not get a ticket, as you can be cited for impairment without blowing over.

After citation for DUI or impaired driving, you will have to go to court, where you will be found guilty and assessed a penalty. Normally, this penalty is around $500 in fines, around $100 in court costs, a 3-day diversion program, around a 6-month license suspension, and 6 points on your license. Typically, if the charges are reduced to something less than a DUI, you will get less points and the fines will be reduced, but you will still be required to attend the 3-day program and your license can be suspended for just as long.

Fighting the charges after consenting to the tests is nearly impossible. The rumors of beating a DUI by challenging a typo on the ticket or the calibration of the testing device may not be real, and would only apply in extremely limited circumstances even if they are real. Do not expect to win any sort of challenge to this kind of evidence against you, except in very rare circumstances.

If you retain competent attorney assistance, you may be able to have your charges reduced to something like reckless operation. This is more difficult than it sounds, and you should not expect this to be the automatic outcome, nor should you try to accomplish this without an attorney.

Legal costs for representing you in this type of scenario are typically in the $500 to $1000 range, depending on the circumstances. Do not wait to call us.

DUI Test Refusal with Attorney Advice

If you refuse the field tests and breath tests, you will likely be arrested. It is scary and difficult to maintain your composure when officers are threatening you. You will be encouraged to consent, possibly in illegal ways, because the police know that they are unlikely to secure a conviction without your consent.

You will have an automatic administrative license suspension of 1 year for refusing the breath test. You will be cited for the underlying violation that got you pulled over (like not using a blinker), which will have around a $100 fine. Court costs will be around $100. You may also be cited for DUI, but proper refusal during your police interaction will prevent evidence of intoxication from being collected. The DUI is typically a threat in this scenario, and used to pressure you into believing that you are not refusing properly. Know your rights.

If you properly refuse, there will be little or no evidence that the prosecutor can use to seek a DUI or impaired driving charge. It is imperative that you seek advice from an attorney before refusing tests, and that you contact your attorney immediately upon being released. This is not an easy choice, nor is it advised to refuse tests without contacting an attorney and discussing the complete scenario and all possible outcomes. Incorrectly refusing the tests can result in admissible evidence and DUI charges despite the lack of an actual breath test. This is a risk/reward scenario, to be used only after counseling by competent attorneys.

You will likely incur significantly more legal fees by refusing. However, if you would rather pay the legal fees and take the administrative suspension, then you may want to consider refusal. There are numerous life circumstances that suggest an added financial cost will outweigh the social or professional cost of a DUI conviction.

We teach proper refusal each month in a classroom setting, where you can ask questions and learn the right way to refuse so that you protect your ability to challenge every aspect of your unfortunate police encounter. We cover the exact ways to keep evidence from being collected, and from being used against you. We provide cards that have instructions for both you and the police so that you have no question as to how to properly invoke your rights and so that you cannot inadvertently waive them during the encounter. Class cost is $300.

Assuming that you properly invoke your rights and refuse your tests, you will NOT be convicted of DUI, but you will typically incur $2000 to $3000 in legal expenses. You must consider whether this added expense is worth avoiding a DUI conviction. Often, insurance rate increases alone will add up to more than the cost of representation and of your class.

Call us before refusing. This is only a brief explanation of an available option, and should not be taken as legal advice without completing the classes. You must take the class to learn how to refuse in order to secure the lowest representation rates after refusal.

DUI Test Refusal without Prior Attorney Advice

This is the worst case scenario, and you are likely thinking that you should have taken our class right now. If you have not previously contacted an attorney, but have refused your tests, contact us immediately so that we can protect your rights. You may have done it correctly, but it is unlikely that you invoked all of your appropriate rights and conducted yourself correctly without prior legal advice. We need to begin working on your case right away. Do not wait to call us, as your refusal created circumstances that need to be addressed in a timely manner and with extreme tact.