Depending on the circumstances of the case, DUI attorneys can get charges reduced or dismissed. This can help prevent license suspension, hefty fines, jail time, and increased insurance rates.
These legal professionals are experts in DUI laws and can help clients understand their charges, decide on a legal strategy, and handle any administrative duties involved. They will also work to find loopholes in prosecution evidence.
Preparing for Trial
At arraignment, your lawyer will discuss the charges against you and ask whether you want to plead guilty. A defendant usually decides to plead not guilty, and the case will move to a pretrial conference.
At this point, your attorney will work to develop a trial strategy. This may involve bringing in expert witnesses to challenge breathalyzer test results or investigating the police’s account of what happened during the arrest.
A skilled dui attorney can find holes in the prosecution’s case. They will also help you prepare to testify before the court if you do so. This will include reviewing the questions you’ll be asked and preparing you to look the jury in the eyes, remain honest, and stay calm. It may also involve identifying potential witnesses to add credibility to your case. The prosecutor will get a chance to cross-examine your witnesses.
Negotiating with the Prosecutor
A DUI attorney can assist you in avoiding a trial by negotiating with the prosecution during pretrial conferences. For example, they can argue that there is no probable cause to have pulled you over or that breathalyzer tests were incorrect. A skilled DUI attorney can also point out any weaknesses in the state’s case against you to encourage a plea deal.
While the benefits of a plea bargain may vary from person to person, many people view it as preferable to facing an unpredictable jury verdict and a lengthy trial. However, it’s essential to understand that plea bargaining doesn’t guarantee a positive outcome.
Representation at DMV Hearings
In addition to handling your court case, a DUI attorney can represent you at a Department of Motor Vehicles hearing (an Administrative Per Se [APS] hearing) to determine whether you will lose your license. This hearing is apart from the criminal trial. Your attorney can arrange the APS hearing for you without needing your appearance in person, depending on the facts of your case.
The DMV has the burden to prove that you drove with a blood alcohol content of 0.08 or higher. Your attorney can challenge the DMV’s evidence in several ways. For example, if police officers make mistakes on the paperwork or sworn reports they submit to the DMV, your lawyer could argue that those documents should not be admitted under the business records exception to the hearsay rule.
Your DUI attorney can also call expert witnesses who can offer their opinions about the incident and your innocence. These experts can testify about forensic toxicology, field sobriety testing, and traffic accident reconstruction.
Defending Your Rights in Court
A DUI arrest can have significant ramifications, including fines, license suspension, or jail time. A savvy drunk driving defense attorney can help you minimize these consequences.
They can get your blood alcohol concentration (BAC) tests thrown out or present evidence that creates reasonable doubt about the accuracy of field sobriety tests and other evidence used by the prosecution. They are adept at negotiating with prosecutors and can often negotiate reduced charges or penalties, such as community service or treatment diversion programs.
Depending on the state, a conviction for DUI can lead to big fines, jail time, or even your license being suspended or revoked. A good DUI lawyer can help you find ways to regain your driver’s license, such as by using an ignition interlock device or limiting your driving privileges to work and home. They can also help you avoid jail time by getting a felony charge reduced to a misdemeanor.