Legal Help

Drunk Driving/DUI - An Overview: The crime of drunk driving is also known as "driving under the influence," or DUI, and "driving while intoxicated," or DWI. In some states, the crime may be known as "operating while intoxicated, or OWI, or "operating under the influence," or OUI. The names vary according to how state law refers to or defines the crime. Whatever the name, the state laws all have a common aim of punishing those who drink and drive, or those who drive while under the influence of illegal drugs. A drunk driving conviction carries with it serious and long-lasting consequences: jail or prison time, a heavy fine, and suspension or revocation of a driver's license. A person who is facing a drunk driving charge should not hesitate to seek immediate legal counsel from an experienced drunk driving defense attorney.

A DUI lawyer is a lawyer who specializes in representing clients who are charged with the offense of driving under the influence. The offense involves operating a motor vehicle in a physically and mentally impaired condition after consuming alcohol or drugs. Like other lawyers, DUI lawyers must be licensed to practice law. You should consult an experienced DUI lawyer if you are charged with driving under the influence or similar offense.

Drunk Driving Penalties: In the last twenty years, the penalties for drunk driving have become far more severe than they were in the past. First-time offenders face potential jail time and fines, although often the penalty for a first-time offense will be something less than jail time in exchange for a guilty plea. Repeat offenders are usually treated more harshly, with substantial fines and mandatory jail sentences that may not be suspended or waived by the court. State administrative regulations often call for suspension or revocation of a defendant's driver's license in addition to any criminal penalty. Defendants have sometimes tried to make the argument that this administrative suspension is double jeopardy prohibited by the U.S. Constitution, but these arguments have never succeeded.

Who is entitled to a free lawyer? The Constitution guarantees free legal help for people who are charged with a crime which might lead to imprisonment and who cannot afford a lawyer. If you find yourself in this situation, request the appointment of counsel when you first appear in court. When a court decides someone is "indigent" - with few assets and no funds to pay an attorney - generally either a private lawyer will be appointed by the court and paid with county funds, or a public defender program will be appointed to represent the person. Some public defender programs are permitted to charge an "application fee" from clients, though this is usually a small amount.

Before you agree to hire a lawyer, you should ask the lawyer for details about how he or she will calculate fees, what expenses you will be responsible for in addition to fees, an estimate of the total fees and expenses, and how long the legal matter will likely take to complete. If any of these are not clear to you, this is something you should try to discuss as soon as you realize that there could be a misunderstanding. At the same time, you should realize that a lawyer cannot usually predict exactly how many hours of work will be involved -- especially if the case involves a dispute with another party.

Do I Have to Use a Lawyer? Many people handle legal issues by themselves, without a lawyer. But the law is complicated, and one legal matter can affect another legal issue. For example, a divorce or child custody issue might affect your taxes. Lawyers are able to tell you about how one legal action or decision might affect others. If you want to proceed without a lawyer, it is worth finding a good information source that can alert you about the issues you should be aware of.