Just because you were arrested doesn't mean that you are going to be
convicted of a crime. A DUI attorney can help protect your rights
whether a blood alcohol test was performed unlawfully or you need to
negotiate the terms of your conviction.
Before and during a trial, your DUI attorney is your best defense
against serving prison time, losing your driver's license, and even
having any charges against you completely dismissed. Without legal
representation though, you take the risk of being convicted unfairly and
receiving the most severe consequences. A DUI attorney is the only
person with enough knowledge about the state legal system to protect
your rights.
If you are pulled over by police on the suspicion of a DUI, you will
initially be asked a series of questions to determine your most recent
whereabouts and activities as well as your next destination. While you
speak with officers, they will be looking for physical signs of alcohol
consumption such as impaired motor movements, slurred speech, and any
physical evidence such as bottles or cans located in your vehicle. Any
odor of alcohol will also be a strong reason for them to further
question you. If they have sufficient belief to further investigate the
situation, they will ask you to exit the car and may have you perform
some simple motor coordination tests such as walking backwards or
touching your nose. If the tests are performed poorly, they may then ask
you to take a breathalyser to confirm your BAC, or blood alcohol level.
In some states, you may have the right to choose between a breath,
urine, or blood test.
Even if you are tested above the legal limit for alcohol, any DUI
attorney will tell you that this is not the final word in your
conviction. Many police officers can perform the test incorrectly or may
neglect to inform you of your rights which can be cause for instant
dismissal. It is important to hire a qualified DUI attorney as the laws
can vary greatly by location. For example, in some states there is a
strict time limit as to when you are allowed to be tested. If someone is
arrested and no test is given within the two hours following, that is
sufficient grounds to contest the issue. Police are also required to
give you chemical test rights, which include informing you as to what
will happen if you refuse any or choose a second option. A simple act of
failing to explain this to you can also be your ticket to freedom.
Even if convicted, a DUI attorney can help you negotiate the
consequences that you are facing. In the worst case scenario and without
professional legal representation, for misdemeanor charges you can
spend up to a year in prison, probation time, community service, and
temporary suspension of your driver's license (for up to five years in
some states). Your punishment can reach much further as well, effecting
your employment status, insurance, and even ability to rent an
apartment. If you are facing felony charges, the consequences are far
more severe. A lawyer may be able to help have charges lowered from
felony to misdemeanor and it is highly likely that they can lower any
sentencing, saving you from serving prison time.
