DUI (Driving under the influence) or DWI (Driving while intoxicated) is regarded as the most serious misdemeanor offense. In many cases, repeat offenders are considered felons. Worst case scenario, the offense can be marked and will forever go on your record, whereby you will suffer socially and financially.

A number of people charged with this offense are not always guilty. Scholarly research shows that most of the sobriety tests performed are inconclusive. In many cases, chemical tests, breath analyzers (Intoxilyzer 5000), or infrared breath machines are not considered valid. Many of the field sobriety tests performed to judge whether the driver's motor skills are impaired are considered faulty, as they are not performed uniformly and in many cases the police officers improperly guide and instruct the person. In the hands of an adept criminal lawyer or a DUI lawyer who can argue the credibility of the tests, you can avoid the damages that DUI charges may bring. DUI Lawyers can also obtain a pre-trial ruling through which the sobriety tests can be excluded from being produced as evidence on the grounds of lack of a adequate scientific analysis.

Effects of DUI charges:

Guaranteed suspension of driver license and driving privileges. In some cases, if you hold driver licenses in more than one state, you can lose both. Suspension can last anywhere from 90 days to 5 years.
Your vehicle can be sent for impounding.
Probation.
Time doing Community Service.
Heavy fines.
Mandatory counseling.
Incarceration (even for first timers).
House arrest.
And in most cases, time in prison.

Most of the proficient and experienced DUI attorneys and Criminal Defense Attorney's will tell you that the majority of people charged with DUI/DWI are not irrational juveniles, but average, law-abiding citizens who were slapped with heavy fines and charges after just two glasses of wine. As laws get tougher, equally tough are the criminal lawyers who can tackle most of the charges. Do not go to an average lawyer who might naively expose you to more liabilities. DUI/DWI offenses are ugly, and if not handled correctly, the charges can accumulate.

If you are wrongly charged, by law you have no reason to be facing charges. So remember the law is on your side. Hire an excellent criminal lawyer with whom you can go through all of the details of the trial. Discuss with them the reason for the charges, and all possible allegations and charges that the opposing counsel might throw at you. Also try to find outstanding character witnesses who will stand by you. Therefore, it is important to hire a knowledgeable DUI lawyer who will guide you in the preparation for the trial and make you aware of all the penalties you may face.

It is important to avoid drunk-driving at any cost; but if you have already been charged, it is imperative that you act quickly. As soon as you are charged with the misdemeanor, contact a skilled DUI Defense Attorney who can help you avoid the harsh penalties. For skilled and expert advice from a San Jose DUI defense attorney, contact Lipton Law Offices today.


About the Author

This article is written by Douglas R. Lipton the founder of Lipton Law Offices. Mr. Lipton has over thirty years experience in criminal defense and cases involving violation of criminal law in San Jose and surrounding cities in California.