Why the DUI charge often defies all predictions and assumptions.

It never fails.  About once a month, i hear the same thing.  Somebody’s cousin/uncle/mechanic told them that they should just show up to court/DMV and throw them selves at their mercy and tell them just how badly they need their license and how they would lose their job/school and how no one could drive little joey/grandma to school/doctor’s appointments.  It makes me laugh everytime because I know just how judges or dmv officers love to hear the same thing over and over. 

Truth is, if judges/dmv officers were to spare the license of every person who would lose their job or face a hardship if their license was taken away, no one would be punished for picking up the DUI.  Judges and DMV officers are nice people (for the most part) but they could care less whether you are going to lose your job or can’t go to school.   When it comes to DUI cases, you might as well scream your mercy request to an empty forrest.  

DUI cases are all about the technicalities and nothing else.  This is what makes them different than any other type of criminal case.  For example, if you are facing a theft charge and there happens to be 3 independent witnesses that saw you take that item from the store, place it in your car, the police chase you through the freeways and once your car crashes find the item in your hands, then they have an oral, written and videotaped confession, even your cousin “Slow Joe” can tell you that you are gonna eat that theft charge.

 When it comes to DUI’s its a totally different story.  The last DUI license i saved belonged to a man who had been convicted of a DUI 7 years prior, was speeding, crashed his car into a big rig and failed all Field Sobriety Tests.  When i first met him, he was resigned to losing his license but after a full hearing with the DMV, I was able to find some issues with the police’s investigation of the DUI.  The problems were glaring enough that the hearing officer dismissed the 18 month suspension that the DUI carried.   That’s the strange thing about DUI’s.  They operate on a totally technical standard and sometimes our common sense cannot predict how they are going to turn out.

 In another DUI case that I had, my client had been coming from a bar, had admitted to drinking, and crashing his car to a center median.  When he was found, he was intoxicated and unable to stand.   He failed every Field Sobriety Test and was arrested and booked.  At the hearing, I cross examined the police officer and exposed two minor issues that threw off the DUI charges completely.   The final result was a victory for us.  

My point is that your Cousin Slow Joe may tell you that your DUI sounds horrible and don’t waste your money on an attorney.  Truth is, DUI cases don’t work on Joe’s standard of common sense.  They may sound horrible but you’ll never know if yours can be beat or reduced unless you have a good attorney.

Best Regards,