Should Clients Plead Guilty Instead Of Fighting The Case?
I have seen people come in with super high priced attorneys who do not really handle DUIs. The client would be paying their attorney close to $10,000 to $20,000 for a DUI, and I get surprised at what they are doing. People just hand away their money, and I think it is just ridiculous because they would eventually get the same deal that everybody else would be able to get for a normal price. Clients should definitely look around a little bit and price shop if they want to get the best value for their money.
Are These Cases Easier Or Harder To Defend Than DUIs Stemming From Alcohol?
A drug case is a little different because it would depend on the characteristics of the specific drug the police said the person was on. The police would have no way of knowing what the person was on and they could guess all they wanted unless the person gives specific information like a blood sample or lists the stuff they had taken.
If the person had blown double zeros in the portable breathalyzer, they would have already done more than they needed to do. They still would not get a suspension, but they should not give the police any ammunition to convict them for a DUI.
At some point the judge would want to know why the police said the person was under the influence of any substance, and it would not carry a lot of weight if the officer said he did not know. The person should absolutely use their right to remain silent and they should talk to their attorney when they have time.
Penalty For Refusing To Take The Blood Test
It would be the same as refusing to take the breathalyzer test or urine test because under the DUI statute the person could be required to take all three. If the person passes the urine test and the breath test, the police officer might ask them to take a blood test because they were not able to find out why the person was intoxicated. The person might be reluctant to take the third test after they had already taken two tests and it would be considered as a refusal.
When you sign at lease in Illinois or Wisconsin, it is called Implied Consent. Having a license is a privilege, not a right, so that would come with some strings attached. One of the strings is that if a judge found there was probable cause for the officer to ask the person to take the test, there would be some consequences if the person refused to take the test.
In Illinois, this would be called a Statutory Summary Suspension, and it would mean a year of suspension for refusing to take the test. The asinine thing about refusing to take the drug test is that, let us suppose they suspected the person of being under the influence of drugs and there was absolutely no alcohol in their system. At some point the judge may find that the officer was within his rights to ask the person to take the tests, but because they had refused to take the last test, the suspension would hold.
The secretary of state enforces that a first time DUI offender would be able to drive, but they would have to blow into a breathalyzer machine that would be installed in their car. The breathalyzer would not actually have anything to do with drugs because it would be for someone who had an alcohol issue. The remedy is just asinine when it comes to drugs and the laws surrounding it are just pre-historic. This is the way the laws are right now, which is why we have to work with what we have, not what we wish it could be.
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