Have you been accosted by a cop for a DUI charge? Charges of drinking under the influence can cause the suspension of your license so you need to remedy it immediately. You can be fortunate and release from jail on your own cognizance, but most probably a lawyer will have to arrange your release on bail.
In some states, a DUI charge generates 2 separate cases. The first is filed with the Department of Motor Vehicles, while the other is a criminal court case. With these cases, you may find that you have to face these charges within ten days from the date of the arrest.
The first stage in a criminal case is the arraignment of the accused. You will have to enter a guilty or not guilty plea. The usual plea that your lawyer will advise you to take is not guilty of the charges. This will allow your lawyer to review the circumstances surrounding your case and lay the foundation for your defense.
There are many proven legal remedies that your lawyer can use as a defense strategy and absolve you of the DUI charges. A traffic officer cannot stop you without probable cause, and that can be used as a basis for the filing of a petition for suppression of evidence. Also a possible ground for dismissal of the case is the accuracy of the alcohol blood test, as well as the consistency and reliability of the statement of the arresting officer.
The merits of this tactics will depend on the truth of the allegations. Your criminal defense lawyer may not believe that he can make these arguments stick, so he might suggest a plea agreement compromise. This is a compromise agreement wherein you plead guilty to a lesser crime for a lower or suspended sentence.
If you refuse the plea offer and is found guilty after trial, the repercussion could be much more than merely the court sentence. You will have a permanent criminal record that will be a disadvantage in any activity, and you will be charged with higher insurance premiums.
Criminal lawyers are trained to give legal advice in order to prevent you from aggravating a bad situation. If you are stopped for DUI suspicion, you should immediately seek legal advice from a criminal lawyer to help you understand the implications of going through the complicated legal system. Assuming that the case is resolved in your favor, the experience should serve as a lesson for you not to drive under the influence of liquor.
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