Frequently Asked Connecticut DUI Questions
Do I need a Lawyer?
There is no simple answer to this question. Our law provides that a person CAN represent themself, so its not required that a person hire a lawyer. But, taking into consideration that the prosecutor who will be handling the case for the state has had 4 years of college, 3 years of law school, is familiar with the rules of evidence, has had specialized training in the prosecution of cases at trial and has the resources of the State of Connecticut to prosecute you, it is probably in your best interest to hire an attorney.
Can I just get any attorney?
Unlike medical doctors, who often have one area of medicine that they handle, lawyers are allowed to handle any type of case that comes in, provided that they know “something” about it or commit themselves to learning during the representation. This means that the lawyer you choose may not have handled many DUI cases, or may be learning as he or she goes. Do you want this type of lawyer? DUI cases are the most complicated of criminal cases. They involve subjective observations by officers, chemical and toxicological concepts, and human physiology. Only a skilled, trained DUI lawyer can give you the type of representation that will allow you to sleep soundly at night.
What are your fees? Aren’t you expensive?
Everything is relative. I handle all my cases on a flat fee basis. This means that when I review your case, I tell you exactly what your fee will be. I do not bill by the hour, or send clients bills at the end of the month to ask for more money. When I get into a case your flat fee covers everything. It covers my representation of you are the courthouse AND the Department of Motor Vehicles. It covers all meetings, postage, and phone calls. There are no hidden or additional costs. Now, my fee may be slightly higher than another lawyer you may interview. Keeping in mind what you get from me versus another attorney, you may be surprised how affordable my services are.
But, tell me, what do you charge?
OK – every case is different, but my fees start at $1000. That is for representation at the DMV only. Some people elect to handle the court case on their own and would like me to see if I can overturn the automatic license suspension from the DMV. For a combination court/DMV fee, my fees start at $1500, depending on the courthouse and the facts of your arrest. Your case may have some complicating factors, like prior offenses, other charges, or an accident, so the fee in those cases will be higher, simply because of the amount of work which goes into a case with complications. I try to keep my fees affordable, because no one plans on getting arrested. Because of that, you probably don’t have a savings account for “DUI Lawyer.” And to make it convenient, I accept credit cards.
It’s just a DUI – how serious can it be?
For a good person like yourself, a DUI can have lifelong dramatic consequences. First, you must realize that the mere fact of your arrest will force the DMV to suspend your license for at least 90 days, and usually more. A person with a DUI conviction on their record can look forward to being dropped by their auto insurance, or at least have ridiculously high premiums for years to come. Some employers will terminate your job if you have a DUI case. The stakes are HIGH.
What are the penalties?
There are 2 sets of penalties for a DUI arrest. The first come from the DMV. They suspend your driver’s license for certain periods if you fail or refuse a breath test. If this is your very first offense and your breath test was 0.08-0.159, your license suspension is 90 days. If your test results were above 0.16, you are facing a 120 day suspension. If you refused you are facing 6 months without a license. They go up if this is not your first offense. The criminal penalties are just as harsh. Although there is no mandatory jail for a first offense (you can opt to do 100 hours of community service) you will wind up with a criminal record and probation. With second offenses you are facing mandatory jail time of up to 120 mandatory days in jail. Of course, if we win at the DMV and court, you don’t have any of these consequences.
How can they take my license?
The truth is that the state laws are changed every year to make it easier for the DMV to take away your license. In fact, when you are arrested for a DUI, the DMV treats you as “guilty until proven innocent.” This is because driving is not a right but a privilege. The state can take away privileges very easily.
What about getting to work? How am I supposed to pay my mortgage and my taxes?
The DMV does not care. The judge does not care. The prosecutor does not care. As far as they are concerned, those are your problems and not theirs. In some instances you may be eligible for a work permit to drive to work. I can talk to you about this when we meet.
What about the other things I need to drive for like doctors appointments or to get groceries?
I will be happy to explain the work permit process when we get together. To put it simply, the driving privilege you get covers work related driving only. That's it. Nothing else.
What happens if I drive anyway?
If you are caught driving when your license is under suspension for a DUI, you are facing a mandatory 30 days in jail, and possibly more.
Is there any hope?
Well, I believe that every case can be defended. I spend my time researching and looking for innovative ways to defend these cases. These are not easy cases for the state to prove – but only if you have a lawyer who is willing to put in the time. Many lawyers treat DUI cases as an easy way to make money and plead people guilty. Stay away from those lawyers.
OK, so what is next?
First thing you should do is call me. The phone number, 888-LADY-DUI (888-523-9384) rings to my cell phone. If I can, I will answer it. If I am unable to answer it, (usually because I am either in court or in the jail (you can't bring phones into the jail)) please leave me a message and I will call you back as soon as I am able. I try to answer the phone every time it rings. Day or Night. Then, put together all of the paperwork you have from the night. Bond Receipts, Notice of Rights form, Tabs or restaurant checks, etc. Keep that in a safe place for me to review when we meet. And try to relax. The toughest part, the humiliation of being arrested, is behind you. We'll get through this together. |