While a DUI Attorney cannot guarantee to win your case, an expert in DUI defense is your best chance for doing so. Even if convicted, a DUI attorney is often able to reduce court imposed penalties. The heavy penalties for DUI convictions make it important for you to contact a DUI attorney immediately after being arrested for a DUI/DWI offense. A skilled DUI lawyer will review the facts of your case and begin planning a defense that will give you the best chance of fighting the charges, winning the case or reducing the penalties if your are convicted. It is illegal to operate a vehicle while under the influence of drugs or alcohol. If you are arrested for and convicted of this offense, you face penalties that can seriously impact your reputation, financial situation, and your freedom. You may also lose your driving privileges, making it hard if not impossible to carry on your normal daily activities.
The information here is broad in scope. Every state and jurisdiction have their own laws, but the following are generally accepted practices. A DUI attorney licensed to practice in your state will provide you with the laws and procedures specific to your situation and case.
DUI has become a high priority issue. With new commitments to arresting and prosecuting DUI offenders, the states are receiving state and federal funding to develop DUI programs and prevent drivers from repeating offenses. Because DUI laws can be quite difficult to understand for the average person, consulting with a DUI attorney at once after being arrested has many benefits. You will have a trained professional, on your side, who can explain the situation in simple terms, and help you decide on the best course of action. With an expert, working knowledge of DUI laws, wealth of information, and their assets and connections in the legal community, a DUI attorney can help resolve your case to your best advantage. It’s been said that a good attorney knows the law, but a great attorney knows the judge.
Since DUI is a criminal offense, you will be accused and tried in a court of law. In addition to the revocation or suspension of your driving privileges, penalties upon conviction include fines, jail time, and more. If you are sentenced to alcohol assessment or treatment, it may be at your own expense and you may be ordered to comply with any suggestions made by the assessment professional. You will also be subject to administrative actions concerning the justifiability of your driver’s license. Since all of these consequences carry the potential to negatively affect your life, it is vital that you contact a DUI attorney immediately following your arrest for DUI.
Many states have two ways in which DUI offenses can be prosecuted. One is with the conventional definition of driving under the influence. This means that a person is physically or mentally incapable of operating a vehicle with the decision-making skills and safety of a reasonable person. Under this traditional interpretation, the prosecution depends upon testimony from law enforcement officers to charge and make a case against the defendant. This statement can include information about why the defendant was stopped and what occurred during the traffic stop. Things like having the smell of alcohol on clothing or the breath, an inability to accomplish sobriety tests, displaying bad driving habits, and having a disheveled appearance are all taken into account.
Under the second method, drivers with a blood alcohol level of 0.08% or greater are judged to have been driving under the influence. It’s of no significance if the person did not exhibit any outward signs of impairment or was able to pass sobriety tests. All the prosecution has to demonstrate is that the driver; s blood alcohol exceeded the legal limit. A DUI lawyer can help you to understand the differences between these legal actions, and help you come to the best decisions about your case.
Prosecutors can look-back 10 years into your driving history to determine how to charge a violation. If you have had a drunk driving charge within the past 10 years, you will be charged with a 2nd or subsequent offense. If DUI convictions occurred more than ten years before, you will be charged as a 1st time offender and confront the penalties for a 1st time offense. The fines imposed are $300 for a 1st DUI conviction, $1,000 for a 2nd offense, and $3,500 for a 3rd offense. Jail terms for DUI convictions are 48 hours for 1st and 2nd offenses, 60 days for a 3rd offense, and 1 year for a 4th offense. You may also be sentenced to house arrest or community service at the will of the court. You may be ordered to install an ignition interlocking device on your vehicle to make sure that you cannot drive if there is a measurable amount of alcohol in your system. If you have a 3rd conviction within a 10 year time period, your vehicle will be impounded by the state. Since a 3rd DUI offense in 10 years is considered a 3rd degree felony, and the penalties are so severe, you will want a DUI attorney representing you if you have any hope of winning your case and continuing with a “normal” life.
Because of the criminal penalties, being convicted of DUI is a prospect that you will want to avoid at all costs. Being arrested for and convicted of a DUI can mean the loss of your freedom, make it impossible to apply for or find a better job, impact your financial situation, and impact your family and everything else in your life. Your best chance of success in defending against DUI charges is with a DUI attorney. An experienced and skilled attorney will be able to provide you with the best strategy and course of action. Having the right DUI attorney will help you successfully defend yourself against DUI charges – to either get your case dismissed, or minimize the penalties of a conviction, and give you the opportunity to move on with your life.
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