Having a DUI or Dui Charges on your record may significantly affect your life. As a result of your conduct, your driving privileges will be suspended if not removed. Legal fees and other punishments might soar as a result of this. If convicted, you might face jail time. To put it another way, you can find yourself in a situation where you have to be concerned about losing your work.
If you’ve been charged with a DUI charges, you’re entitled to due process unless proven guilty by the government’s investigators and witnesses. Start by contacting your lawyer or a reputable criminal defense law firm that can effectively defend your rights. Continue reading to learn about other measures you may take.
First thing’s first: Do I need to present my case in court legally?
Just like with other criminal charges, there are specific conditions in which it makes sense to employ an attorney in the case of a probable DUI arrest. One of the most apparent considerations is whether or not you plan to enter a not-guilty plea during your court appearance. Suppose you believe the breathalyzer was malfunctioning or that you failed the breathalyzer despite not having ingested any alcohol that night. In that case, you can call a lawyer to help you make a strong case for your acquittal.
A lawyer may assist many of the steps discussed in this article to guarantee a smooth transaction. Legal advice may speed up obtaining your driving privileges and returning to your everyday life, even after pleading guilty and receiving a lawful sentence for a DUI.
So, depending on the criteria outlined above, decide whether it is your best interest to engage a DUI defense lawyer. If you think it is, gets in touch with a lawyer.
Look for a possible loophole in the reason why you were stopped.
For a DUI arrest to be justified, there must be probable cause to believe or reasonable grounds. “Confiscation” under the Fourth Amendment is short imprisonment by the police, and traffic arrests fall under this category.
Your DUI attorney might submit an evidence suppression request to see any evidence gathered via an illegitimate search if the policeman didn’t have probable cause to believe or legal justification for the stop in the first place. This “1538.5 motion” or “suppression motion” may remove the DUI breath test from sufficient proof. Since 23152 VC includes criteria officers must show with legitimate, relevant evidence, withholding important evidence may significantly strengthen the likelihood of having a DUI dismissed.
Look for the possibility of faulty DUI-related tests.
A variety of factors may skew the findings of an alcohol blood test, including a lack of adherence to the recommended testing standards and human error. The burden of proving that blood laboratory tests by enforcement agencies are inaccurate is on the accused. A “blood split motion” may be used to recheck the sample and learn more about how the blood was preserved and the analysis was done, among other things. Your DUI lawyer may try to have the lab results thrown out of evidence if there are any mistakes. A DUI case may be won by properly using proof.
Numerous additional procedures must be taken following your court appearance, and you must complete any courses, probation terms, or other obligations provided at court. The best way to get through this is to seek the advice of a DUI lawyer.