Defending Yourself Against a DUI or DWI Charge

Driving under the influence, or otherwise known as DUI, is a common offense perpetrated by a number of the estimated 212 million licensed American drivers. In fact in the year 2006 alone, the National Highway Traffic Safety Administration reported 1.4 million arrests for driving under the influence. Law enforcement and other safety officials agree the number of arrests is must be multiplied exponentially to estimate the number of actual occurrences of driving under the influence for which drivers are not caught and arrested. For those drivers arrested for allegedly driving under the influence of alcohol or other mind or mood altering substances, there are a number of legal options available from a DUI defense attorney. A DUI defense attorney will essentially take on client's arrest cases and work towards potentially garnering a client dismissal of their impending charge, work to receive a favorable plea bargain, or aggressively represent those clients choosing to face a jury trial. The potential ramifications of a driving under the influence charge require individuals facing these charges to act promptly in preparing a strategy to counteract these allegations. A DUI defense attorney can and will help.

At the first moment an individual notices they are being pulled over, a DUI defense strategy can begin for divers that are informed in regards to their legal rights. When preparing a DUI defense, a DUI lawyer will look to the initial interview by police for illegal actions or violations of a driver's rights.

Some of potential violations of driver's rights in DUI stops include:

  • Failure to inform drivers of the consequences for refusal to take a Breathalyzer
  • Failure to inform drivers of their Miranda rights
  • Any illegal search and seizure of a persons vehicle without cause
  • Pulled over driver without probable cause or reasonable suspicion
  • Used aggressive, suggestive, or abusive force when handling drivers
  • Improperly documented the information and report of the DUI arrest
  • Using inaccurate or malfunctioning methods to test a driver's BAC

All of the aforementioned questions will prove pertinent in a jury trial for a DUI charge. In addition, if the errors and mistakes are grievous enough to warrant it, prosecutors will decide to dismiss charges when properly prompted by competent DUI lawyers.

Before a trial, DUI lawyers will negotiate with the district attorney's prosecutor the terms of a potential plea bargain if dismissal seems unlikely. When seeking a plea bargain, drivers should be ware of all the future implications a conviction for DUI will place in their future in regards to driving privileges, employment, and other punitive measures. For an experienced DUI lawyer, deciding these risks with clients openly and informing clients of their rights is an important step.

If deciding to take a DUI arrest to trial, a DUI lawyer must represent clients in the court of law. When facing a judge and jury, drivers will be known as the defendant, while the state or municipality will pursue the case using a prosecutor. During a trial, prosecutors must prove beyond a reasonable doubt that the defendant driver was behind the wheel while under the influence. In regards to alcohol, proving that a driver was drunk requires quantifiable evidence, and in every case, a DUI lawyer will effectively question the accuracy of these devices and methods. In addition, the written report of a DUI arrest provides ample information for DUI lawyers to use in the court of law on behalf of clients. For persons facing arrest for driving under the influence of substances other than alcohol, these charges are very hard to quantifiably prove. An experienced DUI lawyer will work with clients to disprove any and all accusations that stem from a fatigue, sleep deprivation, prescription drug, over the counter drug, or illegal drug driving under the influence allegation.

During the course of the trial, defendant should always follow the advice and guidance of a DUI defense lawyer. This may include taking the stand or simply saying nothing at all. By electing to go to trial, defendants' freedom and future will be decided by a jury of their peers. For this reason, the persuasive, logical, and professionally trained abilities of a DUI defense lawyer are necessary.

If you have been charged with a DUI, you should consult with a DUI lawyer.

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