DUI (OVI and DWI) and Criminal Defense
If you’ve been arrested
Call us immediately. Our attorneys can advise you of your rights while in police custody and help protect you from hurting your chances in court. We can go with you to your arraignment and help secure a reasonable bail bond with driving privileges if you are under a DUI suspension. We can investigate your case and interview witnesses who may help you. Ultimately, we will challenge the evidence against you in court proceedings.
Being arrested means that you are in custody; you are not free to leave. You can also be legally detained for questioning for a short period of time if you are suspected of being involved in a crime.
As soon as you are arrested or detained, you do not have to answer questions except to give your name and address and show identification. However, if you do answer questions you must tell the truth, as knowingly giving false information to a police officer is a crime.
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Types of arrest
Warrant or Traffic Stop
If you are served with an arrest warrant, ask to call us immediately. Remain absolutely silent until you have spoken to us. If a warrant has been issued for your arrest, you are allowed to see it. If the persons serving the warrant do not have it with them, they must show you a copy as soon as practical. If you are arrested with a warrant or during a traffic stop (under suspicion of DUI, for example), the area around you may be searched. If you are outside, then your auto or house may not be searched without a search warrant. Resisting a legal arrest, even if you are innocent, is a crime. Always invoke your right to speak with an attorney if you are arrested.
DUI, DWI, OVI OR Other Drunk Driving Charge, Misdemeanor or Felony
In these cases, you are required to identify yourself, produce identification, and generally cooperate in a peaceful manner. But you are not required to confess. Ask to call us as soon as possible. Police solve DUI cases by getting information from, and observing, you. What you say and do may produce evidence against you. For instance, many people say “I had a couple.” This is an admission of guilt, as are field sobriety tests that suspects fail. Remember, police may be recording you with video and audio devices during a traffic stop, on the drive to the police station, and even inside the booking area. Slurring words, stumbling, and behaving belligerently are all damaging pieces of evidence. Breath, blood, and urine tests also produce damaging evidence if you fail them. We can advise you of the consequences of agreeing to or refusing these tests, but only you can decide whether or not to take them. Just remember to ask for an attorney as soon as you can and call us. Our phones are answered 24 hours a day, 7 days a week.
If arrested, hire an attorney
If a case is serious enough that you are arrested, it means there is a possibility that you can be sentenced to jail. Most misdemeanor cases carry a maximum sentence of six months to one year in jail. Felonies are punishable by a sentence in state prison, with maximum sentences normally starting at three years to life, or capital punishment in a few charges. If there is the possibility you may go to jail, it is wise to hire an experienced criminal defense lawyer to represent you. The fees vary depending upon the seriousness of the charges and the resulting complexity of the case.
We offer free initial consultation and look forward to helping you with your legal matter.