DUI or driving under the influence is illegal in any state or country. Motorists who drive cars while under the influence of drugs, alcohol, or unlawful medications can be in trouble if they were caught. Different countries may call these offenses DUI, and some termed this as driving while intoxicated or DWI.
Even if the driver has been proven to have higher alcohol concentration in his blood and shows signs of impairment, an attorney can still save him from heavy fines. They can seek the dismissal of the entire case, or they might ask the judge to reduce the criminal charges. Most of the experienced attorneys will be able to negotiate treatment diversions or lesser sentences when they succeed in the case.
What Happens Upon Conviction
If a person is convicted with a criminal sentence that involves DUI, they will have criminal penalties that will result in several fines or punishments. The most common sentences are community services for a specific time, fines, and jail time.
The penalty depends on how severe the offense was, and whether this is already the second or third time that the driver was apprehended. If you are in this situation, a good DUI lawyer will be able to provide you with an ignition interlock device where the court permits you to drive to and from work.
Terms to Remember
Blood-Alcohol Concentration – This is the concentration of alcohol that is currently flowing in a person’s bloodstream. This will determine the impairment or the intoxication level of the driver.
Implied Consent – This is a consent where the driver agrees to a police search and questioning. Implied consent is also one of the conditions to obtain a driver’s license provided they can pass the BAC test. When they can’t submit BAC test results, this can result in the suspension of one’s license.
Experts for Drug Recognition – This can be medical staff or specially trained officers that can determine whether someone is intoxicated or if a suspect of driving under the influence.
Checkpoints – These are roadblocks set by the police in any part of the state as part of their standard operating procedures. Most of the inspections can happen on busy roadways, on Independence Day, and other events where alcohol is prevalent. The motorists are checked randomly, and the ones who were caught get into trouble.
Many courts take DUI as a serious offense. This is because the driver is not only putting his life in danger; other motorists can also get into accidents when they encounter someone who drives drunk. With this in mind, the stakes and offenses are often high. Most motorists can lose their licenses for a long time, and they can serve jail time if they repeat this offense over and over.
If you are convicted of this, you need someone who can provide a soft-landing spot for you. This means that they will do whatever they can so that you won’t have to face jail time, and your sentence will be reduced.
About Criminal Laws
A DUI conviction is considered as a criminal offense, note that it will show on a person’s record as a kind of felony. Therefore, it is essential also to know what criminal law is all about.
Criminal law encompasses minor crimes such as over speeding or major ones such as murder. Statutory regulations establish all punishments related to the criminal offense. The penalty depends on how severe the crime was. The minor offenses are often punished with fines and probations that last for a short time. On the other hand, felonies can result in life imprisonment or even death penalties. These all depend on where you live and the circumstances of the crime.
The US Constitution has the sixth amendment that guarantees all defendants have the right to get an attorney. The attorney will represent the defendant in court and will present facts and arguments to the judge and jury.
Criminal Defense Strategies to Expect
Criminal defense strategies during prosecution can go well for the defendant. You can read more about the duties of a prosecuting attorney when you click here. Most scenarios can have different stories. A prosecutor may get a witness that can verify the face of a burglar. However, the attorney may point out that although his client was at the scene of the crime, he might be in the wrong place at the wrong time.
The best strategy is to present the defendant in the best possible light. The story should not be twisted, and the truth should be told. But some attorneys do this from the point of view of the defendant. A plea bargain or even a not guilty verdict can be achieved if you hire an excellent attorney. You can discuss several defense strategies with an expert criminal defense lawyer to know more about the things that you have to say or do in court.
Considerations when Hiring the Right Attorney
Many criminal cases don’t go to court. Most lawyers prevent this from happening by hashing out favorable outcomes from the prosecutor. Some attorneys can get better plea bargains and can work lightning-fast because they have lots of connections. Some attorneys can also get a case dismissal by pointing out illegally obtained evidence and looking at procedure violations during an arrest.
The law is very complicated, and a defendant should not dabble on it. One does not get out of prison because police failed to read Miranda rights in a specific time. It would help if you got an attorney whenever you were accused of driving under the influence or getting criminal charges. You should only get information from a trusted source, and a qualified lawyer is your best option.
