DUI Charge: Why You Must Hire A Criminal Defense Lawyer
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Ever been pulled over for a DUI charge? Yes such things happen however you can beat the system by using a criminal defense lawyer. Drinking under the influence of DUI requires fast action on your behalf so your license won’t be suspended. The very first thing you have to do obviously is hire a lawyer so that you can immediately be released from jail. In some cases, this does not happen simply because you are let go 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 usually a criminal court case. When faced with this problem, you have to face these charges within ten days from the date of the arrest. As with every 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 lawyer will advise you to plead not guilty to these charges. This will give him or her time to evaluate the facts of the case so that your defense will be established.
There are lots of strategies available that the lawyer is able to use to help you get out of a DUI and have proven to be successful. Your lawyer may for instance argue lack of probable cause for the initial stop. What this means is there was no reason at all to stop you and if that is the situation, submit a petition to suppress any evidence the police obtained when you were stopped. It’s also possible to argue faulty of unreliable BAC results. The BAC means blood alcohol test which is used to evaluate if the person’s alcohol level has reached the maximum limit making her or him unsafe to drive a vehicle.
The results could be faulty if your lawyer can prove that this test was not properly administered, the equipment used wasn’t properly maintained or perhaps you have a medical condition that may have an impact on the reliability of the test. Another tactic would be to attack the credibility of your arresting officer. In case your lawyer is able to question the police officer and prove there are actually inconsistencies in their testimony in comparison with the police report they filed, you just could possibly have a chance of getting a not guilty verdict. But when things are not working to your benefit and everything was done by the book, your criminal defense lawyer may counsel you to accept a favorable plea agreement. Doing this may get you reduced charges or sentencing concessions with the district attorney. In case you don’t choose to negotiate and decide to gamble in court and lose, you’ll be able to attempt to appeal the court’s decision. In case you don’t, there’ll likely be an increase in your insurance cost, limits on employment options and you will have a permanent record.
Working with a criminal defense lawyer stands out as the only way to get out of a DUI charge. After all, there are circumstances which you can argue so that your name will not be included in the criminal database system.