DUI Defense Attorney
The number one most important thing your DUI defense attorney needs to know about your case is this: THE TRUTH. You will only hurt yourself if you try to “save face” in front of your attorney by telling him a cleaned-up version of what happened; a version that makes you look or feel a little better about yourself. Your lawyer is the last person on earth to try to save face in front of.
Tell him every detail of what happened and tell the truth. In case you haven’t realized it, your attorney makes a living defending people just like you. He is not going to scold you, disapprove of you, or think badly of you. Chances are that your attorney has defended clients who did something much worse than what you have done. He is not going to judge you---but a JUDGE is, so make sure your attorney is fully aware of anything and everything that might be brought up in court. He must be prepared for anything that might be said against you, so he can have your defense ready.
DUI Defense Attorney - What They Need to Know About Your Case
Three More Important Truths to Reveal
- Previous arrests. If you have gotten into trouble before—ever, about anything—do not conceal this from your dui defense attorney. Your attorney must know everything that might come out. If you fail to let him know (even if only because YOU think it’s minor and doesn’t pertain to anything) a prosecutor can spring it on you in court and leave your attorney standing there with no defense ready. Unless you’re an attorney yourself, you probably have very little idea of the ways such “unimportant” details may be used to make you look bad in court. Don’t let it happen.
- Previous DUIs. You especially need to disclose if you’ve had a DUI before. Multiple DUIs can lead to stiffer penalties, so your DUI defense attorney needs to be aware of any you’ve had, to plan an effective defense.
- Your citizenship status. If you’re less than a full citizen, the truth is going to come out anyway, so give your attorney the advantage by letting him know up front. He is certainly not going to deport you, but someone else might if you don’t come clean and give your attorney the facts.
- If you’re a licensed professional. Whether you’re a long-haul truck driver or a medical doctor, you’re going to want your attorney to help you protect your ability to earn a living. Getting you out of a jail sentence is one thing but helping you keep your license is another. You must let your attorney know how important this is to you.
All About the Traffic Stop
If you were charged with DUI during a traffic stop, take care to meticulously detail that traffic stop to your DUI defense attorney. If any procedural errors were made by the police at the time of your arrest, it’s possible that your case could be dismissed. Make sure to tell your attorney everything you can recall, so that with his expertise, he may be able to point out mistakes you were not aware of.
- Were you subjected to a forced blood draw? If police forced you to submit to a blood draw with no search warrant, there’s a good chance your attorney can convince a judge to throw out the results.
- Was there reasonable suspicion to pull you over? Even though a police officer might discover that you’re intoxicated after he stops you, if he didn’t witness you making any driving errors before the stop, then the stop might be deemed illegal.
- If you failed a field sobriety test, was there some legitimate reason for this? Were you sick or extremely sleepy? Let your attorney know exactly which tests were administered—breathalyzer, walking a straight line, etc. He may help to uncover genuine reasons unrelated to intoxication that caused you to fail.
If your DUI defense attorney, such as our featured attorney in Rochester, NY, succeeds in getting evidence against you excluded, chances are greatly increased that a judge will dismiss the charges altogether. Sharing all the info with your attorney can never hurt you and can only help you.
More About DUI Defense Attorney Video Highlights
Check out this inside view on how a DUI lawyer might approach a case...
You’re probably familiar with this concept, from TV if nothing else. Attorney-client privilege means that anything you tell your attorney pertaining to your case is confidential. With very few special exceptions, he cannot reveal anything you’ve told him in confidence unless you say so.
Attorney-client privilege also extends to every staff member who works in the office of your attorney. While it would not be advisable for you to blab about your case while sitting in the waiting room, you can feel confident that all the people who work with your DUI defense attorney are on your side. That is their job. So if your attorney is tied up sometimes and asks you to speak with another attorney in his office, a paralegal or any other staff member he designates, you should speak to them with 100% honesty.
The bottom line is, be your own advocate. Your attorney absolutely cares about you and your case, but he has dozens of other cases to attend to as well. The fact is that nobody cares as deeply as you do. Nobody else will be as much affected by the outcome as you will. So help yourself by doing the following.
- Make sure that you personally have told him all there is to know.
- Do not assume he will find out the most important facts from the police report or some other source.
- Do not assume he can figure out what is worrying you most. Maybe he thinks you’ll be satisfied to stay out of jail, when really you are equally concerned about keeping your professional license.
This is why we have gone to great effort to select the most reputable top DUI lawyer for Rochester NY area residents to contact.
If you have been arrested for DUI, you need a DUI defense attorney and you need to help him help you. In many cases, even an experienced, licensed professional attorney may be hard pressed to keep you from facing stiff consequences for driving under the influence, so do not under any circumstances roll the dice and show up in court without one. If the judge has to make a call, who is he likely to believe—a police officer, who may be well known to him as a competent professional—or an accused drunk driver? Be wise, and go to court with a DUI defense attorney by your side.
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Our featured attorney may be a certified specialist in their DUI field. If so, the organization providing the certification is not affiliated with any governmental authority. Certification is not a requirement for the practice of law in the State of New York and does not necessarily indicate greater competence than other attorneys experienced in this field of law.