Ever been stopped on a DUI charge? Yes such things happen yet you could beat the system with the help of a criminal defense lawyer.
Driving under the influence charges demand fast action from you to ensure that your license won’t be suspended. The first thing you need to do of course is employ a lawyer so you can immediately be let go from jail.
In some instances, this does not happen since you are released on your own recognizance. However, a few will require you to post bail which your lawyer can arrange.
Once released, it’s now time for you to address this problem. In some states, a DUI charge generates two separate cases. The initial is filed with the Department of Motor Vehicles whereas the other is a criminal court case. Frequently, when faced with this problem, you might have to face these charges within 10 days from the date of the offense.
Just like any other criminal case, this starts with your arraignment. You will be asked to enter a plea of guilty or not guilty. Odds are, your criminal defense attorney will tell you to plead not guilty to these charges. This will give him or her time to evaluate the details of the case so your defense will be established.
There are lots of methods available that your attorney may use to get you out of a DUI and have proven to be effective.
Your lawyer may for instance dispute lack of probable cause for the first stop. This signifies there had been no motive at all to stop you and if that is the case, submit a petition to suppress any evidence that the police acquired when you had been stopped.
It is also possible to dispute flawed or unreliable BAC results. BAC stands for Blood Alcohol Content which is used to test if the person’s alcohol level has reached the maximum limit which makes him or her harmful to drive a car.
The results might be defective if your lawyer can prove that the evaluation was not correctly administered, the equipment utilized wasn’t properly maintained or you have a medical condition that could have an impact on the consistency of the test.
Another strategy is to attack the credibility of the arresting officer.
If your lawyer can question the police officer and confirm there are inconsistencies within their testimony in contrast to the police report they submitted, you just might have an opportunity of getting a not guilty verdict.
But when things are not working to your benefit and everything was carried out by the book, then your criminal defense lawyer might advise you to accept a favorable plea settlement. Doing this could get you lowered charges or sentencing concessions with the district attorney.
If you do not want to make a deal and choose to gamble in court and lose, you may try to appeal the court’s verdict. If you don’t, there will likely be an increase in your insurance cost, limitations on job options and also you will now have a permanent record.
Employing a criminal defense attorney will be the single method to get out of a drunk driving charge.
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