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Driving under the influence of drugs or alcohol is a crime in every state. According to Insuranceopedia, drunk driving charges occur when a person has a blood alcohol concentration (BAC) of 0.08% or higher. This can vary for individuals based on their weight and gender, as well as the type and quantity of drinks consumed. It's also against the law to drive under the influence of drugs, including any prescription drugs that might cause intoxication or otherwise negatively affect your ability to drive. If you are accused of a DUI offense, here are several reasons why you need to hire a DUI lawyer as soon as possible.
Whenever you are accused of a criminal offense, you need to avoid saying or doing things that could seal the case against you. Instead, you should retain a DUI attorney to uphold your rights and communicate with the police and prosecutor. Anything you say can and will be used against you in court. When you have legal representation, you are less likely to say or do something that harms your legal defense and might cause you to lose a case that you otherwise might win. Your attorney can help you say the right things and stop you from making mistakes that have legal ramifications.
Most people get arrested for driving under the influence by driving erratically or by causing an accident. When you cause an accident or violate one or more traffic laws, a police officer has probable cause to pull you over and investigate the matter. The police officer might notice an open container of alcohol, the smell of alcohol or drugs coming from your vehicle, or that you have bloodshot and glassy eyes. There are many ways to give a police officer probable cause to detain or arrest you, such as by administering a breathalyzer or subjecting you to blood or urine testing. When there is no probable cause, a DUI lawyer can challenge the arrest and possibly have the case dismissed.
The evidence against you will likely be based on either an urinalysis or a blood test that determines what substances might be in your bloodstream and the extent of your driving impairment. A police officer also might have video footage that might show you driving erratically and violating one or more traffic laws. How a blood test or urinalysis is done, including collecting the specimen and handling the evidence while it's tested, affects your case. An experienced DUI lawyer can check for common errors made that would cast doubt on the evidence against you, such as improperly gathering evidence, handling it, and how it is tested.
Motorists typically lose their driving privileges while facing DUI charges. Even if you end up winning your case, losing your driving privileges in the meantime could have a very negative effect on your life. It might cause you to lose a job, miss important medical appointments, or make it virtually impossible to run daily errands. Your DUI lawyer might be able to secure restricted driving privileges while the case is argued in court. Those privileges often include only driving to and from work, attending medical appointments, or going to class if you are a college student who commutes.
Sometimes, the evidence is solid and virtually impossible to overcome. In such cases, an experienced DUI lawyer might be able to arrange a plea deal that reduces the level of the charge and potential jail time and fines for which you would be liable. Your attorney might be able to show how the incident is not your normal behavior and what events in your life might have led to the incident. Arranging a plea deal might reduce a potential felony to a misdemeanor or a misdemeanor charge to a civil infraction. Such plea arrangements often include completing substance abuse counseling and driver safety school, so the judge knows you have a better understanding of how to avoid repeated offenses.
If you are seeking legal advice on DUIs, traffic defense, or expungement matters, our team of experts can give you advice on your next steps. Reach out today and schedule an initial consultation with an experienced
DUI lawyer at the Law Offices of Jason Pollack, Esq to help you with your DUI charge.
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