Legal Representation – DWI / DUI Attorneys
In many DUI / DWI arrest situations, the help of a skilled DWI lawyer might be indispensable. After being pulled over and arrested for suspected driving under influence, the driver faces an array of criminal and administrative proceedings. In addition, drivers who have caused auto accidents might be sued civilly by a personal injury attorney representing the interests of a person injured in the accident. An experienced DWI / DUI lawyer can help drivers manage the multiple legal processes and obtain the best possible results.
Legal Representation After the DUI Arrest
It is recommended that a driver arrested for a DUI or DWI violation find DUI attorneys as soon as possible. When present during the early stages of a DUI process, the lawyer can help the driver avoid automatic license suspension, dispute an incorrect DWI field report and explain why the driver refused to submit to a sobriety test or was resisting arrest. Some of the legal strategies DUI lawyers might use include disputing the reliability of a particular breathalyzer technology, pointing out that the driver was not familiarized with the implied consent and Miranda laws at the time of the arrest, and objecting to the police officers' description of the driver's driving pattern prior to being pulled over.
While these and other legal mechanisms do not guarantee that the attorney will be able to get the DUI / DWI charges dropped, they often lessen the severity of the legal consequences. For example, in states that distinguish between the DWI and DUI offenses, raising strong defenses might result in the charges being reduced from DWI to DUI. This is important because DWI offense (driving while intoxicated) typically carries a more stringent punishment than DUI (driving under influence). Similarly, a skilled attorney might be able to reduce the time of driver's license suspension and the amount of fines imposed by the court.
Driving Under Influence and Auto Accidents
Unfortunately, many intoxicated drivers are arrested after having caused a serious car accident. Because intoxication diminishes the ability to judge driving speed correctly, many DUI-related car accidents occur at high speeds, resulting in serious injuries and death of one or more victims. Some of the more severe injuries victims sustain in auto accidents include spinal cord injury, burns, internal bleeding and open head injury. In order to obtain compensation for the hospital bills, physical and emotional suffering, time off work and reduced future income, many victims file personal injury lawsuits against the responsible drivers.
The legal system also allows relatives of deceased victims obtain rightful remuneration through a wrongful death lawsuit. Because of the complexities and emotional stress involved in this type if litigation, it is recommended that families retain experienced, tactful wrongful death attorneys to handle the necessary court proceedings and negotiations on their behalf.
DWI and Administrative Sanctions
Many lawyers describe DUI / DWI proceedings as a peculiar form of double jeopardy. Thus, while no person can be tried twice for the same offense, an intoxicated driver has to face DUI / DWI charges twice - once in front of a judge and once before the Department of Motor Vehicles. This situation makes possible a scenario whereby a judge dismisses the DUI charges completely but the DMV finds the driver guilty of administrative DUI violations. As a result, the DMV might suspend or revoke the driver's license and require him or her to purchase a special, very expensive form of auto insurance in order to get the license reinstated. Because most drivers are unfamiliar with the DMV proceedings, requirements and deadlines, it is best to hire a seasoned DUI lawyer to handle the DMV matters in the most efficient manner possible.
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