Transcript of Episode 011 “Ask a Lawyer with Joey Franks” – How Does Having a DUI Affect Me?

I have a DUI. How does that affect my life?

Attorney Franks: Education and career are the two big ones. So, education for nursing, physical therapy, anything in the medical or legal fields. When I wanted to be a lawyer, I had to tell them about every ticket I ever got. Mercifully, I’ve never had a DUI and the Bar and Ethics Committee frowns on DUIs. But, maybe a person wants to get a commercial truck driving license. That DUI will stop that and any gig where you need to be behind the wheel, like traveling salesman or railroad worker. A DUI will be an albatross and can prevent you from getting the job and or moving up.

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What are the damages?

Attorney Franks: The first DUI involves short jail time and a fine. As you get more DUIs, it can rack up. So, get me involved right away. I don’t want you saying anything that can be used against you and we can find mistakes the cops make. For instance, a cop said he pulled someone over for taking a right out of a parking garage. That’s not illegal and that person shouldn’t have been pulled over. As a DUI Attorney in Mississippi, I called the prosecutor and told him to look at the file because it had issues and he agreed.

What does the officer have to do procedure wise?

Attorney Franks: The biggest procedure is guilt beyond a reasonable doubt and it’s a high bar to reach. But, first, they need probable cause to stop you. Speeding or swerving lanes counts as probable cause. However, we don’t always see probable cause. I saw a report in which the cop said they saw a covered license tag from 200 yards away. Well, that’s totally impossible. We also hear that they smelled an odor, speech was slurred, eyes dilated or the person acted funny. It can be medical or other issues. Maybe they have a speech impediment or just had had eye surgery. Did they just get their eyes dilated? As a criminal defense attorney, I look at things like that and make sure the cops are following procedures. For instance, we always want to look at the roadside tests. Can they tell us your missed cues? Did you take too many steps or not go heel to toe or not hold up your leg or lose balance?

Is this going set me back in finances?

Attorney Franks: Well, it’s not inexpensive. We try very hard to get a not guilty. But, I can’t guarantee that. You’re going to have some fines regardless of being found guilty or not guilty because you got pulled over for something, unless we can show there was not probable cause. What’s more, a good DUI lawyer will probably have a minimal cost of at least $2,000. You have at least one court appearance, probably two. You need your attorney to put in the time and effort required. I’ll work hard and do good work for you. I want to command the courtroom and I want us to win. Don’t worry about me giving it the time and energy needed. because I’m getting what’s needed financially to do that.