DRIVING UNDER THE INFLUENCE (DUI)- HOW HAVING THE RIGHT LAWYER IS SO VERY IMPORTANT

September 17th, 2012 by Tiffany Hughes

DUI’s can come in multiple varies. Whether it is your first or maybe your second or even your third. Whether you are contesting that the stop was illegal, or contesting that you were never given a written or verbal reading of your rights. When there are no issues to contest, you have to think about whether you are going to try to poke holes in the States Attorneys case or plead guilty. Going to trial is very expensive and most individuals after speaking to attorney, have to decide if their case is even winnable. When I speak to someone I look at the overall case and look at making the determination of what is not only cost effective, but is in the best interest of the client.

First off, let me explain what the process is for a DUI. There are two cases to fight in a DUI case. You have the Secretary of State case and then you have the Criminal case.

At the outset the Secretary of State denies you your driving privileges. The Criminal case prevails over the Secretary of State’s determination of what your driving privileges will be. For example, in a most recent victory case of mine, the client was charged with his second DUI. Under the Criminal case, as he was a second time offender he was looking at possible jail time and a revocation of his license. A second time DUI offender in the Criminal side of the case is not eligible for supervision, as a first time DUI would be. However, on the Secretary of State side, because his first DUI was over 5 years ago, he was eligible for the BAID device, which would allow you to drive with no restrictions (other than blowing into it to start the vehicle). Therefore, even though he was eligible on the Secretary of State side to have the BAID, the Criminal side was going to revoke his license making his then not eligible for anything. He was looking at 1 year without driving privileges because of the revocation. Then after the revocation, he would have to attend a formal hearing before the Secretary of State to reinstate his driving privileges.

I’m happy to announce that I was able to reduce his Criminal charges from a second time DUI offense to a reckless driving charge. Because of the reduction to a reckless driving charge, he will now be eligible for the BAID device and his license will not be revoked.

When your considering hiring an attorney for your DUI representation, know what your attorney can do for you.

If you have recently been charged with a DUI, call my office at 773-893-0228 and see what I can do for you and your case.