Consequences of Not Hiring an Aggressive Indiana DUI Attorney


May 8, 2012     By Stark Law Offices, PC.

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Unfortunately, many individuals who are arrested for driving under the influence in Indiana believe they really don't need a lawyer, or that they simply do not have the money to pay for legal counsel. However, every reputable Indiana DUI attorney knows that the consequences of not hiring a lawyer can be far-reaching, touching every area of your life.
If you don't believe that this is a serious offense, you are gravely mistaken. Today, driving under the influence and being arrested can have a very negative - and lasting - impact on your life.

It's understandable that if you're guilty and believe the charges against you will be tough to fight, you're hesitant to spend the money. However, DUI lawyers are extremely knowledgeable as to the DUI laws as well as the penalties that will be applied to those convicted. This means that as a defendant, you can gain enormous insight by consulting with an experienced attorney. In addition, there are several effective defense strategies used by lawyers who represent those charged with DUI, which means that even if you are guilty, you will not necessarily face conviction or severe penalties.

What are the consequences you will face if you choose not to hire an aggressive DUI attorney? It all depends on your particular circumstances, whether it is a first-time or subsequent offense, and whether you have a criminal record. At the very least you will lose your driving privileges and face substantial fines. Even for a first-time offense, you may be sentenced to jail time or be required to perform community service. The resulting criminal record could affect your current employment, and make it difficult to get a job or begin a career in the future.

A second DUI conviction carries extremely harsh penalties, particularly if the offense occurred less than 5 years after a first offense. This means that you will face a Class D felony charge, which is penalized by 6 months to 3 years in prison, and fines that could be as high as $10,000. You will also may required to install an ignition interlock device on your car, and your license will be suspended for a minimum of 1 year.

As you can see, it is critical that you consult with a DUI lawyer as soon as you have been arrested. An arrest is extremely frightening for most people, who have no idea what is facing them. Your attorney will advise you not to answer questions or otherwise offer information to police or anyone else without the presence of your lawyer. Most individuals who choose to represent themselves after being arrested for driving under the influence face the consequences, simply because they do not have the necessary knowledge and understanding of the laws or the skill to obtain the desired outcome.

A qualified DUI attorney knows how to build a strong defense strategy on behalf of his or her client. The average person does not know that police officers must follow certain procedures in the process of an arrest. For example, police must have reasonable suspicion to pull you over, regardless of whether you are driving while under the influence - they cannot simply pull you over for no reason. Breath/blood tests must be performed following certain guidelines, and the results of these tests are not always accurate. In certain situations, law enforcement must have the proper warrant in order to perform a search. When certain conditions were not met, some evidence may be thrown out of court, which is to your advantage.

Your defense attorney will go through a "discovery" process, during which he/she will investigate your arrest and the surrounding circumstances. Most people are surprised to learn that police and other law enforcement officials frequently make mistakes when arresting someone - and your lawyer knows how to evaluate all of the aspects of your arrest in order to determine if any missteps were taken.

An owi lawyer’s primary goal is to have the charges against his client reduced or completely dismissed when possible. Essentially, you could be acquitted of the charges, although no attorney can guarantee this result. Ultimately, you want the negative impact to your live to be reduced as much as possible, and this is what your attorney will work toward. Never face charges of driving under the influence without the support and skill of an experienced defense attorney, as it will almost always be to your detriment if you do not.

AUTHOR: Gregg J. Stark

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Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.