How Can a DUI Attorney Help Me?
By Thurston Lopes
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November 30, 2022
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Driving under the influence of drugs or alcohol is a criminal offense in every state in the United States. Law enforcement officers are trained to recognize the signs of disabled motorists, and any intoxicated or intoxicated driver faces arrest for failing field sobriety tests. The police and prosecutors take DUIs very seriously. According to the CDC, there are more than 1 million DUI arrests each year, and 29 deaths per day are attributed to a disability. Therefore, in Atlanta, Georgia, you can usually face penalties if you are charged with a DUI. What is a DUI? A blood alcohol content (BAC) of 0.08% is the threshold for drunk driving. States have different rules for commercial drivers, which can be subject to a maximum rate of 0.04%. You can also be charged with a DUI for other substances, such as cannabis or prescription drugs. Although most states don’t have measurements for other recreational drugs or medications like opiates, law enforcement officers can arrest someone who is unable to drive a vehicle with normal care. What penalties can you expect after a DUI? In most states, the first DUI that does not result in an accident or injury is a misdemeanor. However, drivers still face fines and a possible driver’s license suspension for three to six months. In most states, it is also possible to face a prison sentence depending on the nature of the first offense. A severance payment is also possible. The penalties escalate rapidly if you are arrested a second time for drunk driving. In many states, a second offense is considered a felony. It comes with increased fines and license suspensions that can last a year or more. A third or fourth DUI in a 10-year period can result in additional offenses and a higher likelihood of a prison sentence. Drivers with multiple DUIs within a 10-year period also risk permanent license suspension. In many states, a 2nd or 3rd DUI within 10 years is considered an aggravating factor. In some states, you can also face a misdemeanor charge if you refuse to take a breathalyzer test. Aggravating Factors Aggravating factors make a DUI more dangerous. For example, a severe DUI might involve a BAC of 0.16 or higher. Penalties for this type of DUI are generally higher and can result in a criminal offense even for first-time offenders. Other aggravating factors could be causing an accident resulting in injury or death while under the influence of drugs or alcohol. In addition to aggravated DUI, many states also have other charges, such as: B. criminal vehicle operation or vehicle manslaughter. Conviction on these charges can result in significant prison terms (5 to 10 years or more). Finally, taking minor children (under the age of 16) in the vehicle can result in a serious DUI and other charges, such as: B. endangerment of the child. Many states also have zero-tolerance laws for DUIs involving drivers under the legal drinking age. Even a trace of alcohol can lead to a DUI in these cases. Can an attorney help with a DUI case? You might think that fighting a DUI charge in Atlanta, Georgia can be difficult. An attorney can help you build a case and get the best possible outcome from your DUI charge. Plea-to-Negotiation In some cases, it may be possible to agree to plea-to-negotiation, particularly for first-time offenders charged with a DUI with no aggravating factors. This process usually involves a plea of guilty to a lesser charge to avoid a DUI conviction. This is important for several reasons. It could help the driver avoid penalties like license suspension. If you rely on a lesser charge, a subsequent DUI conviction would be considered a first misdemeanor, which is a misdemeanor, not a felony, in most states. A lawyer can assist in this process and make a settlement offer to the prosecutor. DUI Bias Drivers accused of DUI are often biased when it comes to court proceedings, and the vast majority of cases result in a conviction. A judge and jury often presume guilt based on the charges, regardless of any evidence. A lawyer can help argue mitigating circumstances and seek a fairer trial. Assessing the Arrest Process Law enforcement officers must follow certain steps when conducting on-site sobriety testing and performing breathalyzers and other tests. The officers must have a legitimate reason for stopping your car in the first place and they must follow the correct procedure during the arrest and booking in each case. If they don’t follow the right process, a lawyer may be able to dismiss the case, meaning you won’t be penalized and there will be no crimes on your record. Chemical test errors Officers use breath or blood tests to check alcohol levels during arrests. The techniques and machines used for these tests are usually very accurate. However, the equipment must be properly maintained and the correct procedure strictly followed. There is also the possibility of contamination in a blood laboratory. An attorney will assess the equipment and procedures used by the officers. For example, if the breathalyzer was not properly maintained, your attorney may argue that the evidence will be discarded. Because the BAC is the most important piece of evidence, not allowing it in the case could result in dismissal or reduced fees. Other Mitigating Factors A lawyer may also argue that other factors played a role in your arrest. For example, if you were in your car but not driving at the time of your arrest, your attorney could argue that you were trying to sleep off the effects of the alcohol instead of driving. Do you need an attorney for a DUI case? You need an attorney to represent you in a DUI case. In the US, you have the right to hire the services of a public defender. However, an experienced DUI attorney will likely have a smaller caseload, more resources, and knowledge of the specific arguments and strategies that are most effective in DUI cases. Contact our law firm if you need legal advice after a DUI arrest.
