What Are Your Options Following A DUI Charge?
Posted on: 24 July 2020
It's normal for someone contacting a DUI attorney to ask what their options might be. There are 5 ways you can respond to being charged, so let's take a look at which might be right for you.
Immediately Plead Guilty
You'll go to the initial hearing and enter a guilty plea. Some folks do this because they just don't want to get into a fight, especially if they're sure they're legally guilty.
However, a DUI lawyer might also encourage you to do this as a strategy of throwing yourself on the mercy of the court. The goal is to impress the judge with your willingness to own up to what happened in the hope they'll go lighter on you. This approach usually works best if you haven't faced DUI charges before.
Challenge the Premise of the Traffic Stop
When you are arraigned at the initial hearing, you'll have the right to challenge why the case was brought at all. A DUI attorney might, for example, raise questions about whether the cop ever had reasonable suspicion to pull you over in the first place. The lawyer may call the police officer to the stand to testify, or they might break down issues with the cop's affidavit explaining why you were arrested. Body and dashcam footage are also frequent sources of evidence regarding why you were charged.
Raise Questions About Field Tests
Another angle of attack is to question how field sobriety tests were conducted. For example, did the officer jump straight to conducting a test without first establishing probable cause? Was there any evidence of slurring, red eyes, and other indicators of intoxication?
You also can question the devices used to conduct BAC testing. The preferred device is a breathalyzer, and these can have both manufacturing and maintenance issues. For example, a breathalyzer system used by state police in Michigan was tied to 52 potentially flawed tests. This case led to a criminal investigation of parties responsible for the machine involved.
Medical Issues
One of the simpler arguments is that you were on prescribed medication at the time and that you were allowed to drive. There are also more complex medical arguments, such as a syndrome where the stomach produces a massive amount of alcohol on its own.
Plea Bargaining and Diversion
Horse-trading with the prosecutor may be allowed, such as accepting a plea on a reckless driving charge instead of a DUI. Some jurisdictions also have diversion programs where first-time offenders plead guilty and receive suspended sentences.
For more information on your options following a DUI charge, visit this website https://dlplawyers.com/.
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