How Much Do Dui Attorneys Cost?

Fairly often DUI attorneys get asked the following question

, "I blew over a .08. I'm guilty. Why do you charge so much when you're just going to enter a plea of guilty anyways?" The answer is that I am not going to have a client enter a plea of guilty to a DUI charge until I've investigated every aspect of the State's case, filed every motion and presented my client with every potential defense available to the charge. As you will read below, it isn't as simple as blowing a .08. If you are looking for an attorney to hold your hand and enter a guilty plea then there isn't a need to hire an attorney that has extensive experience with DUI work. If you are not looking for a hand holder then you need to know why a DUI lawyer is worth the fee that he or she charges.

Much like everything else in life, when you're picking a DUI lawyer, 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 as long as 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 as much as 5 years in prison. A fourth DUI at any point in your life is a felony and punishable by up to 5 years in prison. If someone is seriously hurt or killed, you will be looking at a potential for five years or fifteen years respectively. Just looking at the potential sentences, you can see why a good DUI attorney isn't cheap.

A DUI charge isn't 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 attorney must evaluate in order to evaluate the strength of the State's case.

Every single DUI case begins by way of what is known as a "police citizen encounter." For that reason, all DUI cases involve the 4th Amendment of The United States Constitution. It doesn't matter if you're pulled over or stopped at a DUI checkpoint. Your lawyer should consider the basis for the traffic stop or consider the checkpoint plan to see whether it meets constitutional standards.

A Fourth Amendment review of a DUI case does not only involve reading police reports. Probable cause affidavits always make the State's case appear bullet proof. In order to accurately evaluate the case, an attorney needs to get a copy of the dashboard video camera recording. The recording will frequently show both the driving pattern and also the roadside sobriety exercises. A DUI case has two Fourth Amendment issues. First, it must be determined if there was a legitimate constitutional reason to stop the Defendant and second, was there a legitimate constitutional basis in making an arrest. So as to determine these issues, your lawyer needs to be familiar with NHTSA guidelines which set forth what might constitute probable cause for a traffic stop as well as what a police officer should be looking for when making his or her arrest decision.

If an only if the State can clear that obstacle, the attorney needs to evaluate the veracity of the chemical testing which was performed. The attorney ought to be knowledgeable about the three main 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 understanding of scientific principals is necessary in order to conduct this kind of investigation.

The above work involves not only reading paper, but also questioning witnesses and taking depositions. Fighting a DUI charge is a very complex and time consuming process. However, there are defenses to a DUI charge. A lot of DUI charges can be beat. An individual needs to determine if he or she wants to put forth the effort to avoid a criminal conviction. If that's the case, that person must be prepared for a long time consuming process. A DUI attorney's fees may be more than anticipated. 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 look much more reasonable.

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