DO I NEED A LAWYER IF NO DUI CHARGES ARE FILED YET ?

When you are arrested by the police for DUI, you are usually booked at the police station. The police officer writes a police report and booking report, and submits these reports to the police supervisor. From here these reports go to the city attorney or district attorney. The alcohol level percent and/or drug type and amount in your blood is also requested. DUI charges are eventually prepared and written into a criminal complaint document.

This process can be time consuming. It may appear that criminal charges are not being filed against you. You may even make an initial court appearance, and find out DUI charges have not been filed. Do not believe that you are free of prosecution. An administrative delay or waiting for alcohol or drug results are usually at fault. Your need for an experienced DUI criminal lawyer is just as important before charges are filed, as it is after charges have been filed.

The police and the prosecutor do not give arrested persons the benefit of the doubt before recommending or filing criminal DUI charges. Please do not assume that a fair investigation will be held on the facts and circumstances of your arrest. The police want to go forward, as they already arrested you and put you in jail. The city attorney or district attorney may file charges, even on weak facts and police mistakes, as they know most defendants will not know how to recognize or attack the weak facts. Only a DUI attorney will attack these  facts and mistakes, and will not allow a poor prosecution to go forward. This time also can be a good opportunity for your attorney to negotiate with the prosecutor; before ego or reputation gets attached to any charges.

DO I NEED A LAWYER IF I AM INNOCENT ?

In criminal court you are either guilty or not guilty of DUI. You may plead no contest, which means you are not saying you are guilty, but you are accepting a negotiated deal. We want to believe that justice will prevail, and the truth will be discovered. Unfortunately, this is not the real world we live in.

Police and prosecutors are over-worked and generally not appreciated. This combination produces a legal system were innocent persons are found guilty of crimes they did not commit. Even going to trial may not result in a not guilty verdict, and would cost the defendant many thousands of dollars. Thus many innocent persons logically decide that it is less expensive, less time consuming and less frustrating to just accept the prosecutor's deal and plead no contest. This is not the ideal solution, and defense attorneys hate pleading no contest, but this may be the most practical. However, then the DUI attorney's job would be to reduce all your criminal exposures, in eliminating crimes charged, and in reducing penalties, fines and jail time.

 DO I NEED A LAWYER IF A LONG TIME PASSES ?

Sometimes the government waits a long time to file DUI charges against you. Even many months might pass before charges are filed. So even if a long period of time passes and no charges are filed, you should not think you have been forgotten and are in the clear. Prosecutors can file charges at any time within a time period known as the "statute of limitations". The main reason for the long wait is usually prosecutors want to be sure the DUI investigation is complete. However, this waiting period may provide an excellent opportunity for an experienced lawyer to meet with the prosecutor, and get the best possible outcome for you.

DO I NEED A LAWYER TO SPEAK TO POLICE ?

The general rule is NOT TO SPEAK to the police after being arrested, but to ALWAYS BE POLITE. Other than routine DUI booking information, you do not have to tell the police anything. Do not be fooled into speaking because the police did not read you your rights (as the Miranda Rights). These rights only are when you are in custody and are being interrogated by the police. Anything you say will be put into the police report, and will be used against you.

It is your Constitutional right not to speak, so you should exercise this right and not waive it.  Your best interests is to speak to the police only when your attorney is present. Remember the police are trained at getting you to say what they want you to say. So other than routune DUI booking information --- say nothing.