Ever been pulled over on a DUI charge? Yes this happens but you can beat the system with the help of a criminal defense lawyer.
Drinking under the influence of DUI requires fast action on your part so that your license will not be suspended. The first thing you have to do of course is hire a lawyer so you can immediately be released from jail.
In some cases, this does not happen because you are released on your own recognizance. However, some will require you to post bail which your lawyer can take care of.
Once released, it is now time to address this issue. In some states, a DUI charge generates 2 separate cases. The first is filed with the Department of Motor Vehicles while the other is a criminal court case. When faced with this problem, you have to face these charges within ten days from the date of the arrest.
Just like any other criminal case, this begins with your arraignment. You will be asked to enter a plea of guilty or not guilty. Chances are, your criminal defense lawyer will tell you to plead not guilty to these charges. This will give him or her time to review the facts of the case so your defense will be established.
There are many strategies available that your lawyer can use to you get out of a DUI and have proven to be successful.
Your lawyer may for example argue lack of probably cause for the initial stop. This means there was no reason at all to stop you and if that is the case, submit a petition to suppress any evidence that the police obtained when you were pulled over.
It is also possible to argue faulty of unreliable BAC results. The BAC stands for blood alcohol test which is used to test if the person’s alcohol level has reached the maximum limit which makes him or her unsafe to drive a vehicle.
The results could be faulty if your lawyer can prove that the test was not properly administered, the equipment used was not properly maintained or you have a medical condition that may have an impact on the reliability of the test.
Another tactic is to attack the credibility of the arresting officer. If your lawyer is able to question the police officer and prove there are inconsistencies in their testimony compared with the police report they filed, you just might have a chance of getting a not guilty verdict.
But if things are not working in your favor and everything was done by the book, then your criminal defense lawyer may advise you to accept a favorable plea agreement. Doing so may get you reduced charges or sentencing concessions with the district attorney.
If you don’t want to negotiate and decide to gamble in court and lose, then you can try to appeal the court’s decision. If you don’t, there will likely be an increase in your insurance cost, limits on employment options and you will now have a permanent record.
Hiring a criminal defense lawyer is the only way to get out of a DUI charge. After all, there are circumstances which you can argue so that you name will not be included in the criminal database system.