Lots of lawyers take payment plans.

In any event, you get arrested for DUI, usually because you were in a fight with your significant other, had a bad day at work, or recently got some other type of bad news in your life. Then, to add insult to injury, you get arrested and now you need to come up with a large bunch of money that you don’t have in order to hire a decent lawyer. What to do? Throw yourself on the mercy of the court?..Never. Hire some hack for $995 who looks like he just slept in his only suit? Never. Call a real lawyer and discuss your options.

So here is the question: Do good DUI lawyers take payment plans? The answer, like so many in my business, is: “It depends”.

Once we go to court for a misdemeanor, we have about 90 days until the judges start getting itchy about the age of the cases. This means we have three months to spread out the remaining payments. Thus, if the fee for a DUI case is $3,500, the attorney could accept $1,500 as a down payment and the remaining $2,000 over the next 90 days or a little over $500 per month. In many states, the first court date is not for two months. That gives us a lot of time to work out a payment plan.

But some lawyers say they won’t take payments? True, some lawyers do say that they won’t take payments. Some lawyers lie and some lawyers may be too busy or too set in their ways to work with potential clients. I say that maybe those are not the lawyers for you. Look back at my past blog articles and you will see some very consistent advice: Meet with the lawyer you are thinking of hiring – not his assistant, sales rep, paralegal or otherwise; Make sure the lawyer you are thinking of hiring practices criminal and DUI defense every day and is familiar with the you particular courthouse; and finally, make sure you feel comfortable with the lawyer. This includes the fee arrangements.

Some lawyers try to intimidate you or embarrass you or otherwise make you feel inferior when they are sitting in the lawyer’s office. If a lawyer uses a line like: “You don’t have enough money to hire me”, or “How much do you have to pay me?”, you might be in the wrong place, talking to the wrong lawyer. Every lawyer should have an idea of the fee he or she is looking to get on a particular case. It’s true that fees vary from lawyer to lawyer, but legal fees shouldn’t vary from client to client based upon the client’s ability to pay the fee.

For a confidential consultation with competent DUI and criminal defense attorney call Alex Truluck. Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

If you are pulled over by the police and they request to take a breathalizer test, should you consent? (breathalizer tests are given using breath machines police use during drunk driving criminal investigations). Should you blow into the machine? (Police and prosecutors call it an “instrument” and not a “machine” because machines make mistakes).

YOU WON’T BE RELEASED
In making your decision, you must understand a few key facts. First, the officer definitely believes you are impaired. That’s why he arrested you. He’s even going to swear to it under the penalties of perjury in the arrest report. Furthermore, regardless of what your breath reading is, he’s not going to release you. Yes, you read correctly. Even if you blow under the legal limit, the officer will not give you back your freedom. The protocol in most departments in Florida and around the U.S. is to then request a urine sample. Most officers believe they can’t be wrong. They couldn’t possibly have made a mistake. You definitely must be impaired, regardless of what that breath reading shows. Therefore, it must be drugs! So, they will request a urine sample from you, which will detect even that hit of marijuana, you took three weeks ago.

LICENSE SUSPENSION
Another fact is that if you refuse to blow, the Department of Motor Vehicles will suspend your driving privileges for one year or up to 18 months if you’ve refused to give a sample previously. Additionally, if you’ve refused before, law enforcement can now charge you with an additional criminal offense.

REFUSAL USED IN COURT
One other aspect to consider is that your failure to blow into the machine can and will be used against you in court during your DUI prosecution. Prosecutors today, still passionately argue the a refusal to blow shows consciousness of guilt! He/she knew he/she was impaired and that’s why he/she refused to blow.” That can be very compelling evidence against you. On the other hand, equally, if not even more compelling evidence against you, would be a breath reading showing that you’re over the legal limit.

FINALLY, THE ANSWER
So what’s the answer? Here it is, “It depends.” If you’ve only had one drink (not the size of a fish bowl), that contains about one shot of alcohol, you should be fine. Two drinks? Maybe, depending on your size and how much you’ve had to eat, and when you drank them. Anything more, I’d be concerned.

While there’s no study that I’m aware of, I believe that drunk driving cases without a reading are won a lot more often than those with a reading over the limit. Jurors can accept many of the reasons why someone chooses not to blow, other than being impaired. For example, some don’t blow because cops refuse them the opportunity to speak to their lawyers first to determine what they should do. Many of my clients are afraid and don’t trust the breath machines. They simply want some guidance before making the decision. Absent the ability to speak to an attorney, many will choose not to cooperate any further, even if that means the officer will consider their actions a “refusal.”

SUSPENSIONS CAN BE CHALLENGED
It is possible to  be very successful in challenging the license suspensions that get issued by the Department of Motor Vehicles for failures to blow. The suspension isn’t a definite. There are many ways to successfully challenge that suspension at a hearing conducted at the Department of Motor Vehicles.

CONCLUSION
In conclusion, “Don’t drink and drive if you’re impaired.” However, if you make that poor choice and you know you are impaired, your chances of prevailing in the criminal arena are greater without a breath reading showing that you are over the legal limit.

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area. For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.