FAQ's - DUI Defense

Question: What is a DWI or DUI proceeding like?

Answer: In many drunk driving cases, there are two main phases of the legal procedure that a defendant must endure. The first phase is some form of administrative hearing before the Department of Motor Vehicles (DMV) or Motor Vehicle Administration (MVA). The issue in these hearings may be whether a defendant’s license should be automatically suspended, or it may be whether the defendant should receive a restricted license so that he/she can still drive for employment or school purposes. The second phase is the court trial in which the defendant will be found guilty or not guilty of the drunk driving charged offenses and will then be sentenced. This sentence may result in additional restrictions on a defendant’s driver’s license.

Question: How soon after my arrest should I get an attorney?

Answer: Immediately. In many cases, the time in which you must notify the DMV or MVA that you want a hearing so that you can appear and present your case is very short. If you wait too long, you may lose the chance and waive the right to contest any action that the agency might take, such as suspending your driver’s license. If you hire an attorney promptly, the attorney will ensure that no time is lost and that you receive every opportunity to make your case and limit the impact of the process on your life.

Question: How long will the entire process take?

Answer: It varies, but the process may take months. This lengthy period does not mean that it is wise to delay in taking action to protect your interests, such as by hiring a lawyer. There are important steps that may be necessary in the days immediately after your arrest.

Question: What are the chances that my license will be suspended?

Answer: There is a very good chance that your license will be suspended as a result of a drunk driving charge. However, there are steps that you can take to minimize the effect of any suspension, such as requesting a hearing in order to ask for a restricted license so that you can still drive for employment or school purposes. Such steps often have time limitations, so you should act promptly.

Question: What effect does my driving record have on the process?

Answer: In most cases, your driving record is not important to whether you are found guilty or not guilty of driving drunk. However, if you are found guilty, your driving record is essential to the sentence that the court will impose. You should obtain a copy of your driving record and discuss it with an attorney to assess its possible impact on the sentence and ensure that you receive the most favorable sentence possible.

Question: How can I get a copy of my driving record?

Answer: You can get a copy of your driving record by going to the MVA or DMV in the jurisdiction in which you are licensed to drive, requesting a copy of your record, and paying the necessary fee. When requesting a record after an arrest for drunk driving, you should ask for the most complete record possible (i.e., your complete driving record) as well as a record of any Probation Before Judgments (PBJ) ever entered against you.

Question: What if the police pulled me over without good reason?

Answer: If the police made a traffic stop without good reason, they may have violated your constitutional rights. An attorney may want to challenge such a stop and the admission into court of any evidence that the police obtained as a result of that stop. Such a challenge, if properly proven, may result in some charges being dismissed or in a judgment of acquittal. An attorney can sometimes help a defendant avoid a conviction by showing that a stop that resulted in a drunk driving arrest was made without good reason and, therefore, in violation of the defendant’s rights.

Question: What if my license is suspended and I need my car for work or school?

Answer: The MVA or DMV in the jurisdiction in which you were arrested for DUI probably has a process in which you may request a restricted license so that, even while your license is suspended, you may still drive for the limited purpose of getting to and from work, driving during the course of employment, driving to and from school, or driving for the purpose of an alcohol related treatment program. An attorney can advise you on whether such a process is available and the best way to proceed.

Question: Should I have an attorney if my guilt is obvious or if plan to just plead guilty?

Answer: Yes. Even if there is a lot of evidence of your guilt of driving drunk or, for whatever reason, you just want to plead guilty, a lawyer can still do a lot for you. A lawyer may be able to secure a restricted driver’s license for you if your license is suspended during the process. A lawyer may be able to exclude some of the evidence if it was obtained as a result of an invalid traffic stop. A lawyer may be able to negotiate a favorable plea bargain with the prosecutor that may result in a reduction in the charges or a recommendation of a lighter sentence. In addition, a lawyer can put forward the best case possible upon sentencing in order to help secure a favorable sentence.

Question: If my trial is in just a few days, can I still get an attorney?

Answer: Yes. While an attorney may be unable to do as much for you with so little time, there are things that an attorney can do. An attorney may be able to secure a postponement of the trial in order to have more time to prepare the case. Even if a postponement is unavailable, an attorney may still be able to negotiate a deal with the prosecutor and put forth the best case possible at trial, given the limited resources available on short notice.

Question: What will happen if I go to court without an attorney?

Answer: If you appear in court on the day of trial without an attorney, the judge may give you more time to get an attorney, however, the judge may also decide that you have waived the right to have an attorney and may require that you represent yourself on that day. If you are required to represent yourself, you will have to act as your own attorney, doing the things that an attorney would do. This is difficult unless you are trained in the law, understand criminal procedure, and know how to present evidence to the court. The judge will listen to your side of the story. If you choose to testify, however, your case may be less thorough and less persuasive than if you had the assistance of counsel.