The Right to Counsel in DUI Cases
Finding a DUI attorney to represent you in court is the most important decision you will make. You must be aware that not all DUI/DWI attorneys are specialists in dismissing all DUI charges. If you plan on using a DUI lawyer who is not a DUI specialist then your chances of beating your DUI are extremely low. You will quickly find out that you have wasted thousands of dollars on an expensive lawyer that gets you supervision when a DUI Rights attorney can get it dismissed.
What You Should Know About Your Right to an Attorney
The Sixth Amendment of the United States Constitution outlines a criminal defendant’s right to an attorney. This amendment requires that all accused individuals have the “assistance of counsel” during any criminal prosecution, meaning a defendant has the right to be represented by an attorney during his or her trial. Additionally, this amendment outlines that if the offender cannot afford legal representation, the government is required to appoint a legal professional to handle the defendant’s case.
Since this is true for all criminal prosecutions, individuals also have a right to counsel in Driving Under the Influence (DUI) cases. Additionally, defendants have a right to counsel during all phases of their case, from when they are arrested to any appeals if they are convicted of any charges. For example, a suspect has the right to request counsel and refuse to answer any law enforcement questions when he or she is being interrogated during the open phases of any criminal case.
How an Attorney Assists an Offender in a DUI Criminal Case
The role of an attorney is very important in any and all criminal cases. This is especially true for those cases that have the possibility of the defendant facing jail time since it is difficult to put a price on someone’s freedom. While the specific duties of an attorney vary greatly from one case to the next, based heavily on the circumstances of the defendant’s case, there are some key responsibilities that any criminal defense lawyer needs to take on, including but not limited to the following:
- Advising the defendant of his or her rights
- Explaining to the defendant what to expect during the criminal process
- Ensuring the defendant’s rights are not violated during the criminal process
- Negotiating and explaining a plea bargain for the defendant
- Investigating the facts of the defendant’s case
- Presenting legal defenses
- Cross-examining witnesses
- Objecting to any improper lines of questioning
Standards for DUI Defense Attorneys
The Sixth Amendment has been interpreted in a manner that the “right to counsel” includes the “effective assistance” of an attorney. This means that attorneys are instructed to defend their client to the best of their abilities regardless if the client hired the legal professional or if the professional was appointed to the client by the government. It’s important to note, however, that serious legal errors or debatable strategic choices on behalf of the attorney does not mean the client’s case is automatically dismissed.
Take action now against the charges against you! Equip yourself with the knowledge and support of a DUI Rights Attorney in your local area. Your case will be evaluated by a qualified DUI Rights attorney who will formulate the best DUI Defense Strategy possible. Don’t just trust anyone to defend you in court. Rely on our proven track record and allow us to help you get a DUI Rights Lawyer to fight for you in the courtroom!
I was parked in a closed empty K mart lot between 9 and 10 am.. My mentally ill son who’d the weekend prior left the hospital against doctors orders and unwilling to be evaluated for mental illness. He went to my daughter-in-law’s house and was going to live there until his own court date but he doesn’t sleep and started walking from her house about 8:30 am. i Had recently read that cops will likely stop and arrest the mentally ill, and black people. And given the climate over the last year I felt I should drive to Fort Collins and pick him up before he’s observed walking, yelling, stomping his feet, waving his arms, talking to himself. Cops kill people.
Aaron had spent the prior weekend intubated in an induced coma after overdosing. I asked the docs to please keep him for an extensive psych eval because he exhibits schizzo affective behaviors. He scares me so can’t live with me.
I didn’t have what I needed to hire an uber so i said I would come get him. He phoned me saying he was on Overland and Vine and i told him after I delivered a table I’d assembled for my 94 year old dad I’d be on my way. I pulled onto Harmony Road when he called to say he was now at College and vine, but some guy named Mike might be picking him up and he hung up abruptly. I tried calling back. No answer. So I went to the Kmart lot that has been out of business for nearly 2 years. Parking lot has not been maintained in any way. Potholes will disable your car if you’re not careful. Striping is barely visible. i figured I could pull over and locate where his phone was using facebook locater and wait to see if he’d call me back. So I ‘m parked. Engine off. Not moving . Not bothering anyone. Not a danger to myself or others. There was not evidence in my car or on my breath of having been drinking. I didn’t intend to fall asleep. There weren’t gear or sleeping bag or empty liquor bottles; no paraphenalia. I was fatigued since he was in the hospital from the Friday prior and had been crying mostly from frustration that he’d asked my help and now some mike person was picking him up? I tried the phone locator but couldn’t really figure how to do it, I accidently fell asleep crying. Hoping he would call in half hour or I’d just head back to Greeley.
Next thing I hear a siren and see two cops approaching my car. I didn’t know I had the right to refuse a roadside sobriety. So I got my stiff old self slowly out of the car. Explained that I wasn’t going to do well since I have flimsy foam shoes, bone on bone in both knees and degenerative disc disease both lumbar and cervical. They decided to handcuff me an look for weapons. I got a wallet which I gladly produced. Unreasonable search and seizure . No probable cause. i could have used some understanding and reassurance, a warning about sleeping, Some understanding. If sleeping is probable cause, that’s rediculous. I was alone. I likely wouldn’t have slept if I’d had another person with me. The car was off. When theres a screen on the main display, the map still displays as long as there’s weight on the drivers seat and until you open the door that screen remains lit. The odometer lites are off. Keys were in my pocket. When I stepped out the backup camera screen turned off.
I was not perfectly parked between the lines. It’s not where the lines are because that parking lot has not been maintained for at least 2 years. They clearly could tell i hadn’t been drinking so only asked me to do a blood test. Here’s why I refused:
1. I use homeopathic wild lettuce extract to help with particularly painfull days; (Legal) not sure if that would be revealed as an opiate.
2. The longer this ridiculous stop continued, especially handcuffed, with the officers attitude that I was deserving of being arrested…I was getting angrier and angrier. I’m sensitive to the extreme when things aren’t fair and about to get mouthy. Less time spent in the company of my antagonators the better.
3. I don’t do needles; haven’t been vaccinated, don’t want to go anywhere with anyone especially a hospital .
4. Cops shoot and kill people and get away with it.
So then I’m arrested. Clearly angry , clearly tired, worried. Even tho I obviously had no weapons my pockets were searched. I had pulled on yesterday’s pants not remembering that the day prior there were a couple pills on the kitchen counter that shouldn’t be laying around. I scooped them into my pocket and forgot all about them. Pulled those pants on without remembering. 2 stupid pills. Don’t know what they were or who put them there.
Considering the 4 days of upset and worry which I was not given opportunity to explain; I didn’t need to be arrested. I needed some understanding and encouragement. Maybe a little BOLO for my suicidal son. That was such an unreasonable arrest. Maybe some concerned citizen thought I was dead in my car and had the cops do a well check, I don’t know. I wasn’t a danger to anyone. I wasn’t moving. Sometime’s I fall asleep watching Jeopardy at my dad’s house. Sometimes I’ll drop off out on the porch watching the garden.
This day It happened in my car. Waiting for a call.
I was cooperative. I was held much shorter in a cell than they hold someone who needs to sober up. My daughter-in-law came down and signed me out and I was home by 4. But charged with a DUI. I had my first court appearance where I watched a video about my miranda rights and given a further court date of June 30. LCJC Divlsion 1 A.
20 years ago I was married to a monster and I did have several DUIs. Twenty Years. I’ve not been a flaming alcoholic since 2000. I was blessed with a miracal I think because that disease was lifted away from me when I found I was going to be a grandma. My court paperwork lists me as Sally Martin-Mewes. That is not my legal name. It was changed legally as a condition of my divorce. Sally Martin is my legal name. Sally Martin is not a flaming alcoholic and has 0 dui arrests. I think there are several good arguments to have this case dismissed.. I have a hard time taking this seriously because it is ridiculous. The officers had no cause to think I was behaving in criminal way. They should apologize. They should be less quick to arrest an old lady who clearly could have used some serve and protect. Yes 20 years ago I was in trouble and I handled it. I’m doing my best with pretrial, but somedays I forget to call. I can’t scrape up a ride or the 15 dollars. I’m on a limited income but I could make payments. I have no idea how much retaining a DUI specialist will cost but if I have a chance of this being dismissed I really want to try. I only have a few years left and Fairness would be something to be grateful for. I don’t hate cops. I’m just very aware that all arrests are a notch on their belts. They mischaracterized the situation.
I’ve written a similar letter to the judge for my court date and was thinking there might be some understanding and compassion come from it. But with those troubles 20 years ago, my friend says it might get seen as a habitual offender thing so I’d be smart to find counsel. I don’t drink. If there’s alcohol around the house at christmas or something I usually pour my glass down the drain. I rely on homeopathy and meditation for my chronic pain.
Doctors won’t help unless I’m in hospice, and death is eminent.
This arrest had no probable cause, unlawful search and seizure and two against one is intimidating. They saw an easy target, easy notch on their belt. But they weren’t considering the side of their job description: To Serve and Protect. I wanted help finding my son. Some compassion and understanding. No wonder people don’t trust the cops.
Was there a BAC test? The field sobriety test failure does not hold as much weight in court as does a BAC or blood test.
My appointed attorney would not even allow me in his office. Took me by the are, told me to be at court 15min early and just plead guity. Was not allowed to say a word.
What was the outcome of your case? Did you plead guilty but get supervision? Were the charges reduced? If you received a conviction then your attorney didn’t do anything for you. This is why we always stress to use a DUI specialist attorney with plenty of experience who actually cares about his/her clients.
Listen I’m honest an can’t get not one person a lawyer to help me an isn’t there any lawyer that can help someone who got lied about not represented right bullied an just was treated like a piece of shit an I have pruff an I mean stuff that I can sew an gety life back they have me so fucked up an I can’t believe there not one lawyer will help me well I got a dui an I don’t drink an hot the blood test an they want me to get a ma home ony car Hell no I wasn’t drinking an I want to fight this
It sounds like you’ve been through a challenging time and are seeking proper representation and support for your DUI case. At DUI Rights, we understand how overwhelming and frustrating this process can be, especially when you feel that your case has not been handled fairly.
Firstly, it’s important to remember that you have the right to defend yourself and seek justice in your case. If you believe you have been wrongfully accused or that there were errors in the legal process, these concerns should be thoroughly examined.
Our Free DUI Arrest Evaluation might be a helpful next step for you. This service is designed to review the details of your case and provide you with an understanding of your legal options. Our team can help identify if there were any procedural errors or rights violations that occurred during your arrest or in the handling of your case.
I’m really relieved to know that a DUI attorney is available on call to represent defendants at all phases of the case. Should Uncle George get apprehended for driving while high on his CBD medication, which he ought to use for his terrible knee injury pain, and being tipsy at the same time, it would be good for him to simply state his name and address and shut up. Law enforcers wouldn’t prod him anymore once he asserts his right to call up his DUI lawyer to speak for him.
Yes you can refuse all questioning and testing. But do keep in mind that having a license means you consent to all chemical testing. So the consequences of refusing the testing are much harsher.
Thanks for sharing the impressive points about the DUI. It will really help to choose the right attorney.
Thank you for your positive feedback! We’re glad to hear that you found our information helpful. At DUI Rights, our primary goal is to provide comprehensive and easily understandable information to assist individuals in navigating the complexities of DUI cases.
Choosing the right attorney is indeed a critical step in ensuring a fair and effective representation. Remember, a skilled DUI Rights attorney can make a significant difference in the outcome of your case. They not only understand the legal nuances but also have the experience to negotiate and advocate on your behalf.
What if you started your car with a remote start on arguably the coldest night of the year just to stay warm while you waited for an uber, keys not on me or in the ignition but hidden inside the vehicle. I also have a personal breathalyzer that I wouldve used if I thought I was close to leagal limit (which I knew wasnt the case) I had previously talked with these same police officers prior to this happening explaining that I was going to call an uber that I would not be driving my vehicle home this night. (This after an altercation across the street at McCabe’ s where I was not allowed to reenter to obtain personal property of mine. An expensive pool stick which was never returned to me) Upon leaving the old main pub as soon as I opened the driver door and sat down the same exact police officer and what looked to be about half of the police force on duty that night came and arrested me. The same police officer I talked to previously handcuffed me and said I should’ve called an uber like I said I was gonna do. I wasn’t given any kind of sobriety test at this point. It was clearly obvious that these police officers were watching my vehicle and waiting for me to leave a different bar which they watched me walk into where I play pool on an APA pool league on Tuesday nights at the old main pub directly aross the street from McCabe’s. At least 15 police came from everywhere as they had been waiting for me to go back to my truck, entrapping me which I’m pretty sure is illegal. (I’m sure they had at least 4 dash cams going at the time to prove just how much of an entrapment it really was. The truck had been started by remote as I walked to the truck, however was not operational as there were no keys in the iginition or on my person. The truck would automatically shut off if I applied brake to put the truck in gear. Thus the vehicle is non operational. It was only started so that I could stay warm as the bars were shutting down. These police officers also searched my truck and found one cannabis cigarette inside with no probable cause to search the vehicle. They said they smelled marijuana which is untrue because I never smoke marjuanna in my truck and the cannabis cigarette was inside a smell proof container.
This is called DUI entrapment and is against the law. Your lawyer should have argued this point in court