Drunk Driving / OUI

Attorney Peter G. DeGelleke has been representing clients charged with operating under the influence of alcohol (or drugs) for his entire 26 year career. He estimates that he has handled more than 500 of these cases, of which probably 75 went to full jury trials, with an approximate jury trial acquittal rate of 95%.* He has also handled numerous cases in which clients have been charged with causing serious injury and death while operating under the influence.

*These figures are just a rough estimate. Juries are unpredictable and there is no such thing as a guaranteed result. Only a relatively small percentage of OUI defendants decide to have a jury trial for various reasons ranging from the facts of the case to the expense. Depending on the facts of a particular case it may not be advisable to try the case before a jury – a decision that you should make with the advice of counsel.

What you should expect in an OUI consultation:

	no charge for the initial consultation
	a detailed analysis of your case (very comprehensive if you have a copy of the police report
	a clear and detailed explanation of your options and the cost for each
	an honest risk/benefit assessment of fighting the case
	a thorough understanding of the cost of defending you

These are your options in Court:

• to fight the case and to demand a full trial in front of a judge and a jury or a judge alone (the choice of a forum is a very important decision to be made only after careful reflection)

 

• to demand information to explore potential weaknesses in the prosecution’s case, a process which is called “discovery” (examples: maintenance/repair history of the breath testing device; documentation showing proper state certification of the machine and operation; copies of any audio/video recordings of the arrest scene or booking) 

 

• to try to “make a deal” to settle the case; for a first offense, this involves admitting that the prosecution has enough evidence that a jury might convict you. The most lenient disposition that is possible: agreeing to attend the Alcohol Education Program and being put on probation for at least 1 year, a license loss of 45 to 90 days (usually in addition to any license loss for refusing the breath test, although the judge has the power to run them together) with total costs, program fees and fines in the vicinity of approximately $1600. You would also pay more for you automobile insurance for several years. An effort should be made to convince the judge to enter a “continuance without a finding” rather than a guilty finding.

Other decisions you will need to make:

• whether it is advisable to hire an investigator to locate and interview potential witnesses

• whether it is advisable to hire an expert on breath testing devices to examine the machine and its maintenance history, or to testify regarding factors which may have made the result inaccurate

How much will Attorney DeGelleke charge to handle the case?
The cost varies greatly depending on such factors as the exact nature of the circumstances of the arrest, the court where the case is pending, what needs to be done, and how you decide the case should be defended (jury trial, bench trial, plea). This subject will be thoroughly discussed during the initial consultation, for which there is no charge.