Driving under the influence of alcohol or drugs is never a good idea. But if you are in a situation where you do and are pulled over by the police, chances are you will be arrested for DUI. Working with a drunk driving defense attorney is almost always the best decision you can make afterward. They can guide you through the legal process and advise you on what to do and what not to do along the way. Being arrested for DUI is a very serious offense and we’ve outlined what to expect and what you need to do to prepare.
What Happens When An Officer Suspects You Are Driving Impaired?
Police officers will likely ask you a series of questions if they believe you may be driving under the influence. These questions are to confirm any suspicions they have. Then you may be asked to perform a breathalyzer test, a roadside sobriety test, or other types of tests they deem to be appropriate. If you refuse to participate in any of these tests, you risk losing your driver’s license for one year.
If the police officer determines that you were driving under the influence then the next step in the drunk driving laws is for them to arrest you. Once in jail, paperwork will need to be completed and your court date will be set. Depending on the situation, you might have to pay bail to be released from jail.
Legal Process For DUI Charges
By this point, you should have already reached out to a drunk-driving defense attorney. The next part of the legal process involves attending your first of potentially several DUI hearings. At the hearings, you will be given the opportunity to state your plea. Your drunk driving defense attorney will take the lead and guide you on what to say. They will review your options with you based on the situation and decide on the plea.
The preliminary hearing involves the state building a case and providing sufficient evidence to prove you are guilty. If sufficient evidence is not provided, then the case can either go to trial or be dismissed. You must be proven to be guilty beyond a reasonable doubt at a trial before you are legally found guilty. Your drunk driving defense attorney will try to lessen any charges, which could be a fine, jail time, suspended license, and more.
DUI Considerations When Involved In An Accident
There is a much larger layer of drunk driving laws when you are involved in an accident while driving under the influence. On top of any of the possible jail time and fines you may face, you may also be liable to pay damages to the other party. These damages can be economic, non-economic, and punitive. Depending on the severity of the accident and whether the other person sustained any injuries, these damages can reach very high levels. If you don’t have a reputable and experienced drunk driving defense attorney on your side, you could be on the hook for all of these damages.
Can DUI Charges Be Dismissed?
It’s possible for DUI charges to get dismissed or reduced depending on how various situations play out. If it’s your first time arrested for DUI and your actions didn’t harm anyone else, then you could get a lighter sentence than someone who was driving recklessly or has had multiple offenses. Instead of jail time, the judge could suggest that you take drug or alcohol rehabilitation classes to prove that you are serious about changing your actions. Your drunk driving defense attorney can help you know what to expect in your situation, but they are there to help dismiss or reduce your charges as much as possible.
Benefits Of Working With An Experienced DUI Attorney
While it may be tempting to simply work with a public defender when offered, this is usually not the best option. An experienced DUI attorney knows what the state must do to prove your guilt, so they will build arguments against them. Your attorney acts on your behalf to portray you in the best light possible to hopefully reduce the severity of your sentencing. They have knowledge of all the drunk driving laws to build a strong case in your favor so you can get back to living your life as soon as possible.
Your Actions And Mannerisms Can Make A Difference In The Outcome
Your attorney will always tell you to dress and act respectfully throughout the legal process. Any action or negative mannerism can be used against you. If you take your DUI charges seriously and demonstrate a willingness to change and vow never to make the mistake again, then your charges may not be as severe as those of someone who doesn’t seem to care. When you know you made a mistake, own up to it and show how you will improve yourself and it will help your case.
The Best DUI Attorneys Can Help Lighten Your Punishment
When arrested for DUI, you will almost always have to face charges to some extent. DUI attorneys enter the picture to help possibly lighten your punishment and ensure the charges are not more than what you deserve. Since they know drunk driving laws thoroughly, they will make sure you go through a fair legal process.
Gordon & Gordon has many years of experience helping people with their DUI charges. Every legal situation is unique, so we will always dig to find the most important information that will help your case and reduce your charges and punishment. If you’re faced with DUI charges, don’t hesitate to contact us and we will review your case and provide legal representation if possible.