DUI stands for Driving Under the Influence and this can mean drugs or alcohol. If you are pulled over for this offense and cannot pass a test of exams, which are called sobriety tests and does not pass a breathalyzer then you will most likely be arrested. The breathalyzer test shows just how much alcohol is in your bloodstream and if it is over the legal limit, you are considered DUI. When this happens, you will need to get in touch with a DUI lawyer in Santa Clara.
When you first meet with your DUI lawyer in Santa Clara, they will explain all of the possible scenarios with you if you are convicted of DUI, which can include:
• Revoked or suspended driving license up to twelve months or lifetime suspension if they have repeated offenses
• A set number of hours doing community service
• Court ordered alcohol rehabilitation if you have many convictions.
The scenario can be one or more of these possibilities. If they are an experienced DUI lawyer in Santa Clara, they will challenge the arrest. They will try to convince the Court to reduce the sentence or lower the charges. Many times the lawyer will dispute if the police officer was within their constitutional rights to stop their client’s vehicle. The DUI lawyer in Santa Claracan give their client details on what sentence they can expect if this their first DUI charge or if this is just one of many DUI arrests.
When they go to Court, there are generally several hearings. It will start with a hearing at the Department of Motor Vehicles and the last hearing in the State or County court.
It can be overwhelming to choose a good DUI lawyer in Santa Clara, especially if this is your first offense. You could look for one on the internet or the phone book but the best way is to ask someone that you know who has been in this same situation. When trying to decide which DUI lawyer to hire consider their experience and fees because some will charge by the hour while others charge a flat fee.
DUI lawyer in Santa Clara
Truck DUI lawyer in Santa Clara
A DUI defense lawyer can help you through a difficult and traumatic experience. Drunk driving defense is a highly complicated area of the law, requiring experience and training above and beyond that required in a general law practice. A DUI lawyer can analyze your case, uncover defenses and flaws in the State's evidence, and increase your chances for a favorable outcome, whether by plea agreement or trial.A DUI (also called DWI, OWI, or OUI depending upon the State) is too serious a matter for you to handle alone. A competent drunk driving defense lawyer will stand by your side every step of the way. The first thing an Indiana DUI lawyer will do is enter his "appearance" on your behalf, notifying the court that you have an attorney defending your rights. He will request "discovery" in your case, which is access to all of the evidence the prosecutor will use against you. After reviewing and analyzing this evidence, he will be able to discuss your case with you and assist you in deciding whether to enter into a plea agreement or go to trial. He will negotiate with a prosecutor to obtain the best possible offer, or if necessary he will prepare and present your defense at trial.Trial preparation may include taking "depositions" from witnesses or arguing pretrial motions, such as "motions to suppress" or "motions in limine". The purposes of depositions include getting a preview of the State's case and weakening or impeaching the testimony of State's witnesses. Motions to Suppress are used to prevent damaging evidence from being presented at trial, and Motions in Limine are used to prevent the prosecutor from introducing evidence until the court rules on its admissibility. Since the prosecutor in your case is a lawyer who negotiates and tries cases as a profession, you need a lawyer on your side who is equal to the task of opposing the prosecutor's efforts.Although you have a right to defend yourself, there are tremendous risks in doing so, especially if you go to trial. You should know that a pro se defendant is held to the same standard as an attorney at trial. At trial, your attorney will choose a jury (if you have a jury trial), make opening and closing statements, Introduce your evidence and oppose introduction of State's evidence, and participate in determining what jury instructions are given. All of these tasks require legal training.
Drunk driving cases have become increasingly serious, carrying harsher license sanctions, longer jail sentences, and dire financial penalties. A person accused of a drunk driving offense understands these penalties as well as the social stigma affiliated with a DUI conviction. With widespread pressure from anti-drunk driving advocacy groups, there is a growing awareness that police, prosecutors and judges hold a bias against meritorious challenges to a drunk driving crime.In many states, a vibrant defense bar has sprung up to challenge the institutional bias against the DUI suspect. California, Georgia, and Washington amongst many others have specialized DUI defense firms populated by aggressive lawyers knowledgeable in the science of breath and blood testing. The lawyers at these firms attend national seminars on trial techniques, technical programs regarding breath machines, and certification courses in standardized field sobriety tests.Advanced DUI / DWI defense programs can be expensive and time-consuming. An advanced course in GC and GC/MS might cost over $2,000.00, requiring the defense lawyer to schedule airfare and hotel accommodations. Every summer, the National College for DUI Defense hosts an intensive program in DUI defense at Harvard, but this 3-day program requires travel, airfare and lodging. It also costs $1,500.00 and requires membership in the NCDD. While these programs are top-notch seminars, few Michigan practitioners appear at these national programs.Michigan lags far behind the majority of other states, and only a couple of firms have dedicated their practice to defending drunk driving cases. The vast majority of Michigan lawyers are unwilling to limit their practice, so they are less willing to spend the necessary funds to attend out-of-state programs. As a result, Michigan courts address poorly developed issues, and they are more willing to issue bad opinions that ignore the undisputed science in drug and alcohol-related driving cases.To raise the bar on the quality of Michigan drunk driving advocacy, it is not necessary that lawyers spend a fortune. An attorney does not need to travel hundreds of miles or spend thousands of dollars to improve the quality of their drunk driving litigation skills. Networking opportunities exist within the state, and inexpensive seminars are locally sponsored.Every summer, the Criminal Defense Attorneys of Michigan (CDAM) sponsors a Trial Practice College. Trial advocacy skills are taught, practiced, and rehearsed, lead by top Michigan criminal defense lawyers. Although the program does not specifically address drunk driving litigation skills, at least a few qualified drunk driving trial lawyers attend the program every year. These networking opportunities are golden, and every Michigan lawyer should try to attend this wonderful program. CDAM also hosts conferences in the spring and fall on valuable topics that permit networking with other criminal defense lawyers.The State Appellate Defenders Office (SADO) sponsors an email listserv for a reasonable fee. Participating on the listserv, every lawyer can get input from hundreds of criminal defense lawyers and enjoy the comradery of these fellow practitioners, even if only via email. The SADO forum has one entire email listserv dedicated to DUI defense.The Institute for Continuing Legal Education (ICLE) offers an annual one-day course on Michigan drunk driving defense. This year, the program was simultaneously broadcast over the Internet, so participants did not even need to leave the office.Retired police officer Tony Corroto offers a standardized field sobriety test training course every other year in conjunction with the Maze Legal Group. Mr. Corroto is a DRE (drug recognition expert) and SFST Instructor of Instructors. He has trained thousands of police officers, and he takes time out of his busy schedule to help train Michigan lawyers in these testing protocols for a very reasonable fee.Lastly, local opportunities exist if you simply look around for them. Local bar associations usually host an occasional meeting that might offer opportunities to learn. A few of the CDAM/SADO lawyers have banded together to form informal groups that meet over drinks to discuss cases. By bouncing ideas off friends from the criminal defense bar, insights and fresh notions spring from an otherwise stagnant pool of ideas.
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