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How Much Does A DUI Attorney Cost?  Uploading ....Very often DUI attorneys get asked the following question, "I blew over a .08. I'm guilty. Why do you charge so much when you are 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's not as simple as blowing a .08. If you're looking for an attorney to hold your hand and enter a guilty plea then there is no need to hire an attorney that has extensive experience with DUI work. If you aren't 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 are choosing a DUI attorney, 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. Even though the chances of that are slim, it is a possibility. A 3rd DUI in 10 years is a felony and punishable by up to 5 years in prison. A fourth DUI at any point in your life is a felony and punishable by as much as 5 years in prison. If someone is seriously hurt or killed, you will be looking at a potential for 5 years or 15 years respectively. Just taking into account the potential sentences, it is easy to see why a good DUI lawyer 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 several things that your attorney must examine to be able to evaluate the strength of the State's case.
Every single DUI case begins with what is termed a "police citizen encounter." For that reason, all DUI cases involve the 4th Amendment of The United States Constitution. It does not matter if you were pulled over or stopped at a DUI checkpoint. Your attorney must evaluate 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 doesn't simply involve reading police reports. Probable cause affidavits always make the State's case look bullet proof. In order to accurately evaluate the case, an attorney needs to get a copy of the dashboard video camera recording. The footage will often show both the driving pattern and the roadside sobriety exercises. A DUI case has two Fourth Amendment issues. First, it needs to be determined if there was a valid constitutional basis to stop the Defendant and second, was there a legitimate constitutional basis to make an arrest. So as to determine these issues, your lawyer should be familiar with NHTSA guidelines which set forth what might constitute probable cause for a traffic stop and also what a police officer needs to be looking for when making his or her arrest decision.
If an only if the State is able to clear that obstacle, the attorney needs to evaluate the veracity of the chemical testing that was performed. The attorney ought to be familiar with the three major testing methods, breath, urine and blood. All 3 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 procedures. A strong knowledge of scientific principals is important in order to conduct this type of investigation.
All the above work involves not only reading paper, but also questioning witnesses as well as 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 so, that individual 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 a lot more reasonable.
Daniel Rosenberg is a Broward County DUI Attorney with offices in Fort Lauderdale, Florida. For more information, please call (954)356-0413 or visit the firm website by clicking the following link Fort Lauderdale DUI Attorney.
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