The 3 Most Common Myths About The DUI Defense Lawyer

Were you recently charged with driving under the influence? Are you currently looking for an attorney to help fight your charges? If you are, then you have probably already began looking for criminal defense attorneys that specialize in DUI cases, as you have most likely been told that not all attorneys possess the expertise to handle DUI cases. However, despite all that is at risk (i.e. suspension of your driver’s license, possible jail time, etc.) you have considered fighting your charges without legal representation because you lack trust in said criminal defense attorneys as a result of misinformation that you have encountered. It is the goal of this article to discuss the three most common myths about DUI defense lawyers.

The first most common myth about DUI defense lawyers is that they don’t care whether or not you are guilty or innocent. While it would be foolish to assume that all attorneys are invested in the defense of their clients, it would be just as foolish to assume they all don’t care. There is no way of knowing whether a potential lawyer is biased for or against you until you engage in a conversation and exchange with him/her; then you can accurately decide for yourself.

The second most common myth about DUI defense lawyers is that they can expunge your record for you. Although some criminal defense attorneys possess expertise in the record expunging process, not all attorneys are created equal. As a result, it is unwise to assume that all attorneys either know how to expunge your records or can expunge your records after fighting your DUI charges; the two are very different tasks that may require two different legal representatives.


The third most common myth about DUI defense lawyers is that they are too expensive. As is the case with hiring any legal professional, depending on their years of expertise and other notable attributes that they may bring to your case, the cost of utilizing their services can and will vary. It is wise to consider this fact when selecting an attorney.

While it may appear to be obvious to some that legal representation is necessitated in the event that one is charged with driving under the influence, for others the matter is not so simple. This is especially true for anyone who has developed a general distrust of lawyers in general, but more specifically criminal defense attorneys that specialize in handling DUI cases, as a result of being exposed to misinformation or falsehoods about these professionals. However, by disregarding unsubstantiated rhetoric of individuals with malicious intent, you overcome your fear of DUI specializing criminal defense attorneys. Specifically, there are three common myths about the typical DUI defense lawyer, they include; they don’t care whether or not you are guilty or innocent, they can expunge your record for you and they are too expensive.

A DUI Defense Attorney Can Reduce the Charges of Extreme DUI

If you have been accused of extreme DUI, which means that your blood alcohol level, or BAL, is about twice the legal limit, you will need a lawyer. This is because this offense is considered serious enough to warrant major fines, suspension of your license, and even time in jail. While the exact penalties vary depending on your state, you should learn a few of the most common consequences to expect after you get caught driving under the influence of alcohol. This allows you to see the importance of getting a DUI defense attorney.

In many states, your first offense will get you about a month in jail, with a maximum of about six months in most areas. Unlike the first time you get charged with a regular BAL, you will probably not be able to get out of incarceration without a good lawyer. Your car may be impounded for about a month, and your license will be suspended for three months. You will also have to do community service and attend a substance abuse class. Once you get your car back and are able to legally drive it again, you will need to get an ignition interlock device installed for at least one year, and this costs money. Of course, other costs include fines of up to about $3000, which can vary depending on your BAL and whether you have an effective DUI defense attorney.

A second offense of this type can get you even harsher penalties, such as anywhere from two to six months in jail. Your driver’s license will be suspended for up to one year, your vehicle will be impounded for one month, and you will need to use an ignition interlock device on your vehicle for at least a year. Community service and drug and alcohol counseling are also usually required, but you will need to find a ride since you will not be legally allowed to drive. The fines can go up to about $4000, and note that even the best lawyer may have a hard time reducing these by much, unless of course your case is completely dismissed. If you want a chance of getting your case thrown out or the charges reduced, you will need a good DUI defense attorney.

A third offense of extreme BAL while driving is usually considered a felony if it happens within five to ten years of your last offenses, depending on your state. Since this is no longer a misdemeanor, you will spend anywhere from four months to six years in prison, and your license will be suspended for at least three years. Your vehicle will be impounded for a month, and when you get it back and can finally drive again, you will need to use an ignition interlock device for a year and a half. The fines range from $5000 to over $50,000, so be prepared to spend a lot unless you have a fantastic lawyer.

The simple way to avoid these penalties is to not drink and drive. If you have already done so and need help, contact a DUI defense attorney to see what can be done. You may be surprised to find that despite the consequences, all hope is not lost when you are represented legally.

Musca Law
111 2nd Ave NE Suite 912,
St. Petersburg, FL 33701
Phone: (727) 513-8080

A DUI defense Attorney Can Protect You

If you are arrested for driving under the influence, it will most certainly be one of the most embarrassing and troubling experiences of your life. It can also be one of the most costly, so it is important to have someone fighting for you in court who can put you in position to weather the storm.

Driving under the influence of alcohol or drugs is considered to be one of the most significant crimes in the 21st century, and a DUI defense attorney understands this better than anyone.

Why is this important? Because if you find yourself in court after being arrested for driving drunk, the court will be looking to throw the book at you to make an example. Without someone who knows and understands the ins and outs of the laws and procedures that govern the related proceedings, you could find yourself in more trouble than you can imagine.

In all 50 United State, an operator of any motor vehicle is considered drunk if his or her blood alcohol content, or BAC, is .08 or higher. While this statute is standard across the board in the U.S., individual state laws can vary greatly and that is where a DUI defense attorney comes in.

Many individual states govern their alcohol laws differently, and this applies to drunken driving regulations as well. For instance, individual states can include anything from boats and airplanes to lawnmowers, bicycles and horse-drawn carriages under such statues. In addition, if the operator of such a vehicle is below the legal drinking age of 21 years old, zero tolerance laws in various states can set the point of impairment anywhere from between .01 and .05.

If you are arrested for such a crime, a DUI defense attorney will also want to know the process in which you were stopped, questioned and determined to be impaired by the arresting officer.

In many cases a field sobriety test is performed to make such an assessment. The methods by which these tests are performed are govern by individual state regulations as well as by the National Highway Transportation Safety Administration, and if they are performed incorrectly or illegally it could have a significant effect on your case.

Another important aspect of an arrest for impaired operation is a test for an individual’s blood alcohol content. Most commonly this comes in the form of a Breathalyzer test, which is performed by having the subject breathe into a tube connected to a device that measures BAC from the subject’s breath.

In some states, law enforcement officials are not legally allowed to force a subject to take such a test and the results can be thrown out in court if obtained illegally. In others, blood samples are allowed to be drawn following accidents that are suspected to be alcohol related, while in others they are not.

Because of the many variables, loopholes and potential confusion over the regulations that govern drunk driving, DUI defense attorney can mean the difference between you being able to survive the fallout from your arrest and potentially life-altering penalties. If you find yourself in such a position, do yourself a favor and don’t fight it alone.