Many people understand the stress, worry, and confusion of being pulled over while driving and charged with a DUI offense. The majority of DUI charges allege that the individual was driving while impaired or under the influence of alcohol or drugs. Indeed, when these substances are consumed to a level that makes it unsafe to drive, they put themselves and other motorists at risk.
Still, the charges may not be justified. When an individual is charged with a DUI offense, an attorney should review the situation to determine the reason that you were stopped while driving your vehicle. The reason you were stopped must meet specific guidelines under the law. If the traffic stop is found to be unwarranted or illegal, it could result in the dismissal of the charges.
What Constitutes DUI?
An individual’s level of intoxication is usually measured by analyzing blood alcohol content through a breathalyzer test. In many states, individuals are presumed to be under the influence of alcohol if their blood alcohol content is .08 or over. However, many people who get pulled over for DUI are unaware that they may be able to decline to take a breath test. The breathalyzer and field sobriety tests are designed to fail you. That is the cold hard fact of it. Don’t let anyone tell you otherwise.
However, a DUI attorney can explain the reasons to take and to decline the breath test. State laws typically do everything in their power to scare people into taking a breath, blood, or urine tests. And although the consequences of refusal could be harsh, it still may be beneficial for you to refuse.
It is harder to disprove failed test results, as the prosecutor has that number to hold against you. The people making a case against you put their trust in the testing technology. However, it is challenging to prove the machine was faulty. You’ll likely have more success discrediting law enforcement through cross-examination than in proving that the device operated improperly.
What are the Penalties?
Individuals charged with DUI are usually focused on the penalties that the court could impose upon them. Maximum penalty standards apply for a first DUI offender. That penalty could increase significantly if the individual is a repeat offender. However, a judge could order probation or treatment instead. That’s why having an experienced DUI attorney advocating for you is crucial. Your lawyer can advise you of the potential for penalties and present your case to a judge.
The Motor Vehicle Administration may also impose penalties. The administration could take away your rights and privileges as a driver. Your driver’s license could be in jeopardy, as well. DUI charges can lead to the suspension or revocation of your driver’s license. It is critical that you be fully informed about the potential penalties before you make decisions and move forward.
Individuals who have been charged with DUI offenses should seek advice from an experienced DUI attorney immediately. These lawyers know the laws and the courts. Don’t risk your driver’s license or your freedom through not consulting with a DUI defense attorney.