Do I Need A Defense Lawyer For A Drunk Driving Charge?

By Author: Stam Bett
Total Articles: 452
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Drunk driving is a very broad term that may refer to a specific charge like Driving Under the Influence, Driving While Intoxicated or even DUI Marijuana (Driving Under the Influence of Marijuana). Once you've been charged of operating a vehicle under the influence of anything that can impair your reaction time, whether it's prescription medication or alcohol, it may be time to consider hiring a defense lawyer.

While some Fort Lauderdale defense attorneys will tell you that you need a lawyer in all cases of drunk driving charges, this isn't necessarily true. Whether you should hire a defense attorney depends on many factors. Let's go over them.

You Don't Need an Attorney to Plead Guilty
The first thing you should understand is you won't need a defense lawyer if it's your first offense, there was no injury and you have a high chance of conviction. If you plan to plead guilty, an attorney isn't necessary.

Two situations in which you'll probably end up pleading guilty include irrefutable evidence that you were intoxicated and a high BAC. If your mandatory blood or breath test put you significantly over ...
... 0.08 BAC, you'll most likely be convicted. If a witness or officer testifies you were driving while intoxicated and field sobriety tests back this up, you will probably be convicted even if your test shows 0.08 or less.

The Best Time to Hire a Defense Attorney
As uncertainty in your case goes up, plea bargaining becomes more possible and this is where an experienced Broward criminal lawyer can help. If your test showed a BAC of 0.09 or the field sobriety tests had inconclusive results and there was no obvious behavior to the officers, the prosecutor in the case may be willing to reduce the charge to something like reckless driving.

Going to Trial? Hire an Attorney
Finally, while you can always choose to represent yourself if your DUI case goes to trial, it's not recommended. In this case you'll also be better off by hiring an experienced trial defense attorney as almost all of these cases involve the use of expert witnesses. In many cases, the officer serves as the expert witness because they've received training in this area. Few officers, however, are prepared to testify about how the machine determines the BAC and the scientific effect of this level of alcohol on your body. It is possible to create reasonable doubt.

If you have any doubt if your case requires the experience of a knowledgeable defense lawyer, it's probably a safe bet that you could use the help. An attorney will understand the complex laws in Florida regarding DUI offenses and may be able to help you get a reduced charge or even get the case thrown out.

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