How to deal with and potentially fight a DUI charge?

DUIs arrests can be stressful. Remember the best way to beat the stress is to understand the different ways in which you can challenge the charge and the legal process that you will be subjected to.

Each state has enacted its own set of laws to deal with DUIs. So the characteristics of your charge will depend on various factors such as the location where the DUI happened, if you had been driving with a minor in the car, or whether you are below 21 years of age, and so on.

Need someone to talk to about this? You need a lawyer. Legal help can be right around the virtual corner. Press right here DUI-USAttorneys.com to talk to someone who can explain this process to you and may know a way out of it.

The Legal Process for DUI

Arlington, VA DUI lawyers point out that in many states the charges leveled against drunk drivers are known as per se DUI. This means that you will face two charges, one for driving in an intoxicated state and the other for registering a BAC above the legal limit of .08%. However, as soon as you plead guilty or decide to take the matter to trial, one of the charges will be dropped.

After a DUI charge the driver will have to attend an arraignment. This is a hearing where the charges against the defendant are read out. At the arraignment the defendant is expected either to plead guilty or plead not guilty and ask for a trial by jury. Remember, you can change the plea later.

Virginia DUI attorneys also proclaim that in a misdemeanor charge you will be released either after you post bail or on your own recognizance. The latter means that you are trusted by the court to come back to attend the next proceeding.

What happens after the arraignment?

Once your arraignment is over, it is prudent to seek legal counsel if you haven’t already done so. If you cannot afford a legal professional, you can have the state appoint a legal counselor for you. DUI laws vary state-wise and therefore you must get help from a local attorney who has jurisdictional expertise. Most likely this legal representative will not have the skills of Jake Brigance, the Lincoln Lawyer, or Lt. Daniel Kaffee.   

It is vital to discuss the possible options available. Some of these options are:

• Plead guilty
• Request a trial by jury
• Request a trial by judge
• Plea bargaining i.e. accept a lesser charge

Most often defense lawyers prefer plea bargaining to a jury trial. In a plea bargain, you can accept a lesser charge such as wet reckless which carries a lesser sentence in lieu of a serious charge that carry a serious penalty. However, the wet reckless plea is not available in some states although it is possible for a DUI defendant to plead to a wet reckless charge in the state say Arlington, VA DUI lawyers.

Fighting a DUI

Depending on the circumstances of your case, your defense lawyer will determine you have enough evidence to beat your DUI charge. Otherwise, he or she may request you to enter a plea bargain. For the most part, if you choose to fight a DUI charge, there are several issues to deal with. To begin with, the evidence gathered by law enforcement is often refutable.

Your legal rep. may attempt to make some of the evidence inadmissible mainly because they were collected without your consent or because proper procedures or testing methods were not followed. However, in a majority of cases these tactics do not work but sometimes they do and this is why you need outstanding legal help. The fact that you registered a BAC above .08% is enough to obtain a conviction for most cases but nothing is ironclad and if William Wallace can knock back the English and lead the Scots to freedom against so many odds, you have a chance at beating your case or at least having some of the charges dropped.

Penalties

·         Fines ranging from $500 to $2,000

·         Jail time up to one year or more

·         License suspension

·         Probation

·         Community service

·         Installation of ignition interlock device

·         Vehicle impoundment

·         Mandatory participation in various programs

Misdemeanors are upgraded to a felony if the driver was involved in a crash that injured people, caused death, and/or damaged property, or was found with a BAC which was significantly higher than the permissible limit. Felony charges carry even harsher penalties.

If you are apprehended at a DUI stop, be kind to the police and obey them. When you have a chance, call up a Virginia, DUI lawyer and work with them to challenge the charges.

Contact us if you have any questions. We will call you back perhaps that same day.