If you ‘re facing a significant penalty and there’s evidence of your innocence, it may be worth considering hiring a DUI lawyer. First-offense DUIs are often treated as misdemeanors and most courts will issue a standard sentence. If there’s compelling evidence linking you to a drink driving offense such as elevated blood alcohol content, a witness statement, or a failed field sobriety test, you may choose to plead guilty and forego an attorney altogether.
In cases where there are circumstances that could increase your penalty dramatically or decrease your penalty, hiring a lawyer may be advised. If you aren’t certain about the circumstances that could affect your penalty, a lawyer will be able to recognize these and recommend a plan of action, including representing you in a trial if required.
How a Lawyer Can Help
Any doubt in your case may result in you deciding to opt for a plea bargain. A plea bargain is where you plead guilty resulting in a lighter charge from the prosecution team. Factors associated with doubt in the case can include questionable field sobriety test results, a BAC of under 0.08%, and questions relating to the accuracy of the BAC. In addition factors such as procedural problems like incorrect reading of your Miranda rights could see your attorney negotiate a reduced charge or having the case thrown out altogether.
Usually, local DUI attorneys will have a strong grasp of the prosecutor and what’s most likely to produce a favorable result. In certain states, DUIs can even be reduced to a reckless driving charge in which alcohol was an influence. This charge is known as a wet reckless, however, in states where this is not an option, a reckless driving charge can be pleaded.
Plea bargains can be done without a lawyer but this is best done when the facts are clearly in your favor. When the situation is less clear, a lawyer will give you a far better chance of success. You can win a plea bargain on your own, especially if the facts are strongly in your favor. However, if your case is less clear, an attorney may have a better chance of success.
If you would like to seek advice from an attorney on whether you’re making the right choices regarding your plea, you can. Lawyers can provide you with an evaluation of your case and let you know insightful information that will inform how you ought to proceed.
However, unlike an initial consultation, these meetings are unlikely to be free of charge and can be rather costly as you will need to pay for the time the attorney spends evaluating your case. If your case goes to trial then getting an attorney is highly recommended. These procedures can be complex and procedures must be adhered to. Judges will not go easy on you simply for not knowing them.
In cases where the accused has an income low enough to qualify, a public defender can represent you. The reputation of your public defender can help influence the outcome of the trial. Those whose income is too high to qualify for a public defender will need to get themselves a private attorney to represent them at trial.
For the majority of cases, an attorney will likely not be necessary for a first time DUI offense. If your case is not simple, then hiring a representative is advised.
What is a DUI?
A DUI stands for driving under the influence. This means driving or operating a vehicle while under the influence of alcohol or other drugs (both recreational and prescription) to a degree that compromises safety.
DUIs differ from DWIs (driving while intoxicated/driving while impaired) although the two terms are rather similar in many cases. Each term means that the driver is being charged with endangering others due to driving a vehicle whilst impaired by alcohol or drugs. Neither is worse than the other and both are very serious offenses.
The criminal offense of a DUI does not necessarily constitute driving a vehicle. It merely means you are “in control” of a vehicle. Being sat in the driver’s seat with the keys in your hand while intoxicated is enough to be charged with the offense. In some states, cycling, skateboarding, or riding a horse fall within the remit of DUIs.
Possible Consequences of a DUI
It’s illegal to operate a motor vehicle under the influence of alcohol or drugs. Drivers found guilty can be convicted of a felony charge in serious cases. Charges can range from relatively small fines to prison times. The level of severity will depend on a few different factors including repeat offenses, level of intoxication, and whether or not others were present.
In the US, almost 1.5 million arrests were made for driving under the influence in 1996, a fall from the reported figures 15 years prior. It’s estimated that over $45 billion worth of damage every year is the result of alcohol-related collisions.
All states operate with “implied consent” when operating a motor vehicle. This means that anyone who drives a car automatically agrees to be tested for intoxication if asked to do so by law enforcement the second they begin operating the vehicle. People who fail to cooperate when asked to do may be subject to further punishment due to breaking this implied consent. This can include a driving ban.