If you have been charged with driving under the influence, the outcome of your case can vary depending on many factors. For starters, if this is your first offense, it’s typically considered a misdemeanor, which means it will likely involve a standard sentence. However, there’s also the issue of whether anyone was injured. If there was an accident and someone else was harmed, the outcome is likely to be far more severe. In fact, there are many factors that will determine the outcome of your case. This is precisely why you need to hire a DUI lawyer. Let’s delve into this topic further.
Another factor that will determine the outcome of your DUI case is whether or not there is evidence that you were driving under the influence. The most common evidence is having a blood alcohol content (BAC) of .08 percent or higher. You may have failed a different type of sobriety test, or there may have been witnesses that observed you driving erratically. Even if this is the case, there are still strategies that a DUI lawyer may leverage to mitigate the penalties associated with the case.
Benefits of Hiring a DUI Lawyer
It’s not uncommon for a DUI lawyer to identify a failure to follow proper procedures during an arrest. One of the reasons why individuals that have been charged with a DUI hire a lawyer is because they’re able to assess what has occurred and develop a strategy to move forward in a way that’s most beneficial to you. This could very well include determining whether or not your want to plea bargain in order to reduce the charges.
An experienced DUI lawyer will understand the laws of your state concerning DUI charges, which is important because there are variations. In other words, a strategy that works in one state, might not work as well in another state. Your lawyer will also determine if there were any issues with the sobriety test results, such as a BAC that’s actually lower than .08 percent. They might examine the accuracy of the results and whether your rights were violated. There are some instances when Miranda rights were not read, which is an issue that should be addressed; sometimes this can result in the charges being reduced or the case being thrown out.
By working with a DUI lawyer from your region, they will be familiar with different prosecutors, which means they will have insights into what type of strategy will work best to achieve the desired results. In some states, there are strategies that can reduce a DUI to a reckless driving charge. One of the most important reasons why a DUI lawyer is beneficial is because there are aspects of a DUI case that are best navigated by someone that has already been through the process. This is especially true as it relates to bargaining down a sentence.
Unfortunately, DUI cases are so common that judges don’t always use the discretion they have granted because they don’t have time to consider each case closely. Instead, they just follow the standard sentencing based on the facts, especially if it’s your first DUI charge. Unfortunately, the facts are not always clear.
The issue of aggravating circumstances in a DUI case is one that cannot be undervalued because it can make the difference in whether or not the outcome affects the rest of your life. It can dictate the amount of the penalty, the length of the sentence, and whether or not it affects your ability to obtain employment in the future. Examples of aggravating circumstances include having an extremely high BAC, causing injuries to another party, and having a child in the vehicle.
Other Important Considerations
There is another important aspect of representation to consider. Without a lawyer, you will be required to handle the bargaining procedure during the trial. In other words, you will be expected to follow proper procedures, and the judge will not treat you any differently than they treat a lawyer. If the outcome of the case suffers because of your inexperience concerning the law and DUI cases, there are no second chances. Given the potential outcome, not hiring a lawyer is risky.