Home – Practice Areas – Q and A - Statute of Limitations
My brother was charged with DUI, does he need a lawyer? (first time, no one was harmed)
Or more specifically, what can a lawyer do in court that he can't do himself? He blew a .09. Is there any benefit to having a lawyer, if he will just plead guilty? We want to know the possible benefits before we pay thousands of dollars. Thank you
Answer
An individual’s Constitutional right to be represented in court by an attorney is one of the hallmarks of the American judicial system. Moreover, the old adage ‘the person who represents themselves in court has a fool for a client’ is especially true in criminal cases. In our experience, when attorneys get in trouble, they almost always hire other attorneys to represent them in court. That should be a big clue. Here are 3 reasons why your brother should hire a lawyer – preferably one with proven DWI/DUI experience:
1. An Experienced DWI/DUI Attorney Can Advise A Defendant On The Risks and Benefits of Going to Trial or Negotiating a Settlement
In every DWI/DUI case, the prosecutor will make a settlement offer in the hopes of resolving the case. Sometimes the offer is simply to plead ‘guilty.’ A plea bargain is where a defendant accepts agrees to plead guilty in exchange for either a reduced charge and/or a set penalty. Most cases are resolved by plea. However, effective plea bargaining something that is very difficult for a defendant to do on their own – especially when anything disclosed to a prosecutor in a settlement negotiation could potentially be used against them later. An experienced DWI/DUI attorney will be able to effectively negotiate on their client’s behalf during settlement discussions with the prosecutor, advocating for the best result possible outside of a ‘not guilty’ verdict after a trial. If negotiation is not possible and the risk of going to trial is no greater than what could be accomplished with a plea, then it may make sense to try the case. Whether or not the negotiation is the best resolution possible is probably something a person representing themselves wouldn’t know without the help and advice of an experienced DWI/DUI attorney. To have any reasonable chance of getting a ‘not guilty’ verdict at trial, a defendant should have an experienced DWI/DUI attorney fighting for them. But in a trial with a prosecutor on one side and a self-represented (‘Pro Se’) Defendant on the other, it’s usually no contest – the State almost always wins!
2. An Experienced DWI/DUI Attorney Can Give Advice On The Complexities of DWI/DUI Law
Minnesota’s DWI/DUI laws are very complex. So much so that even attorneys who practice general criminal law often get caught up in the process and procedure of DWI/DUI law – which is not always straightforward and often confusing. In addition to general criminal law issues, DWI/DUI cases often present scientific issues surrounding the testing methods uses (breath, blood, and urine) that can mean the difference between guilt and innocence. Moreover, beyond the criminal charges, DWI/DUI cases often involve collateral issues such as license revocation, plate impoundment and vehicle forfeiture. An experienced DWI/DUI lawyer can help navigate the legal process and ensure that everything possible is done so their clients can keep their licenses and vehicles while staying out of jail.
3. An Experienced DWI/DUI Attorney Can Challenge The State’s Evidence In Court
A DWI/DUI arrest does not always equal an automatic conviction. There may be legal reasons for a judge to dismiss the evidence in a DWI/DUI case, resulting in a dismissal or a favorable settlement. Some of these may include:
- No legal basis for the officer for the stop/arrest
- Procedural problems such as failure to properly advise the driver of their rights prior to taking a breath test or secure a proper search warrant for blood or urine.
- Problems with the administration and/or analysis of the breath/blood/urine test indicating impairment or intoxication.
These are issues that will be difficult if not impossible for a person representing themselves to successfully argue in court while an experienced DWI/DUI attorney will almost certainly have the experience and knowhow to do so.
Because DWI/DUI consequences can have a tremendous impact on a defendant’s life – both now and the future – it makes sense not to plead guilty to any DWI/DUI charges without the benefit of being represented by an experienced DWI/DUI attorney who will advocate both in and outside of court to obtain the best possible outcome.
At Halberg Criminal Defense, our team approach puts the firm’s collective knowledge and experience in your corner. Our attorneys are available 24-7 — Call us at 612-DEFENSE (612-333-3673).
