Should You Hire an Attorney for a DUI Case?
Should You Hire an Attorney for a DUI Case?
You have no legal obligation to do so, but I can easily list five very good reasons to hire an attorney for a DUI case.Driving Under the Influence is a Criminal OffenseYou should hire an attorney for a DUI case because doing so gives you your best chance of not spending time in jail, not having your driver’s license suspended, and/or not paying several thousand dollars in fines and fees. Also, in most states, a DUI conviction will remain on your record for life. This can make it difficult to find work, secure student loans, and obtain or maintain professional licensure.Another consideration is that once you get charged with allegedly driving under the influence of alcohol or drugs, you will be required to appear in court before a judge. You will be arraigned within hours or days of being brought into custody, and you may or may not proceed to sentencing at that time. If you plead not guilty at your arraignment (which you should in order to get a chance to mount a defense or explore a plea deal), you will need to go to court for at least one pretrial, possibly a hearing for decisions on motions filed in relation to your case, as well as a trial if no resolution is reached.I say this not only because I work as a defense attorney: You should never face a judge without legal representation. What you say and do in a courtroom determines the course of the rest of your life. Your attorney will advise you on how to speak and act in ways that increase your odds of leaving as a free person.Police and Prosecutors Fight Hard for Convictions and PenaltiesOnce state legislatures and courts stopped treating drunk and drugged driving as more than just traffic violations during the 1980s, the consequences for DUI arrests and convictions have only grown more severe. City, county, and state attorneys build careers on jailing DUI offenders. Try to find an elected sheriff or judge who does not make “getting tough on drunk drivers” a campaign pledge.Where I practice as a DUI defense attorney Columbus Ohio, a first-time offense now typically results in a one-year license suspension that makes holding a CDL impossible and requires completion of an expensive seventy-two-hour driver education course. Some judges prefer sentencing drunk or drugged drivers to jail or monitored house arrest instead of referring them to the driver’s course. The jail term can last for six months on a first offense.Drivers Can Lose Their License Just for a DUI Arrest Without a ConvictionOhio and other states have enacted laws that authorize police officers and state troopers to make what are called administrative license suspensions (ALS). In Ohio, an ALS can be enforced against a driver who fails or refuses blood, breath, and urine tests for alcohol and drug use. Once imposed, an ALS typically remains in effect for three months to a year. Worse, it remains in effect until a judge lifts it even if the DUI case is dismissed before the statutory ALS period expires.
Man driving car during daytime; image by Art Markiv, via Unsplash.com.
About Colin Maher
Colin Maher is a lawyer at The Maher Law Firm, LLC. He represents clients in DUI/OVI, Reckless driving and other crimes. Colin is one of the top Criminal Defense lawyers in Columbus, Ohio.