If you are caught driving while intoxicated, a police officer will set you up with a court date to be tried for a DUI offense. But many people don't realize that, with the proper actions, it may be possible to get away from a DUI at trial. Here are some of the things that affect your success in getting out of a DUI charge.
Your Lawyer
One of the biggest effects will come from your DUI defense lawyer. These attorneys have a lot of experience in navigating these situations, so that they know what defenses to use in the courtroom. If you want to have a hope of defending yourself completely against a DUI, consult a lawyer to see what their action plan would be.
How Drunk You Were
Your blood alcohol content will also be a big factor in whether you can get off the hook for a DUI or not. In a lot of cases, your blood alcohol level might have been hovering near the legal limit of .08. You might be able to argue against the test results in these case. For instance, maybe you had just used some mouthwash that tipped your breathalyzer reading over the legal limit. Maybe the machine needed to be calibrated and it gave you a faulty reading. Your lawyer will know some of the best possible defenses to use. They might depend on how strong the other evidence is, such as what the police officer reports on the field sobriety test.
Whether You Admitted to Drunk Driving
If you never said that you have been driving under the influence, then you are not on record as admitting that. If you did admit to being drunk, it will be harder to prove completely that you weren't intoxicated.
Whether It's a First Offense
First-time offenders might get the benefit of the doubt if the case is not clear cut. That is especially true if you have an otherwise stellar driving record and haven't been convicted of any other crimes.
In short, there are a few things that your lawyer could to to help you get excused from a DUI arrest. But even if you do end up with a DUI, you could speak with a lawyer that specializes in DUIs like those at Steven T. Fox Law Firm about negotiating to keep your driver's license, perhaps with the installation of an interlock ignition device.
Share28 February 2017
Few things are more frustrating than being accused of a crime that you didn't commit. I found myself in this difficult situation a few years ago when I was with a friend who broke the law. However, I knew that I didn't do anything, which is why I hired an experienced criminal attorney to help me out. He carefully reviewed my case, talked with me about what court would be like, and helped me to wrap my head around the different punishments I might face. He helped to prove my innocence, and I decided to set up this blog to help other people to understand the importance of working with a professional.