How Will a DUI Lawyer Build my Case?
Many people make the mistake of drinking and driving. While alcohol is legal and popular in many countries, driving under the influence is neither. The harsh reality is that this decision can have significant consequences, some of which are life-altering. There are experienced DUI lawyers near you that can help you build your case by explaining what to expect from your first court appearance up to trial.
Who is a DUI Lawyer
A DUI lawyer is a professional specializing in defending people who have been charged with driving under the influence of alcohol (or drugs, in some cases). A DUI charge usually results when a person is in control of a vehicle while having a blood alcohol concentration of 0.08% or greater. In most accident cases or even routine verifications, an alcohol test can reveal if you were drunk drinking from a legal point of view.
Ways in Which DUI Lawyers Will Build Your Case
Let’s see how a DUI attorney can help you with your situation.
1: DUI Lawyers Ask the Judge to Dismiss Your Case
The lawyer may ask the court judge to dismiss your case in some circumstances. For example, it can be done when law enforcement does not follow proper protocol for taking blood samples for testing. These include obtaining a search warrant and contacting an on-call doctor before drawing blood.
2: DUI Lawyers Provide a Strong Defense Argument
Your attorneys will provide a strong defense argument regardless of the circumstances. First, they may do so to counter the prosecution’s claims against you. It can be beneficial in getting your charges reduced or dismissed. The second type of solid defense comes in an attorney’s cross-examination of the officer who arrested you. In this case, they will ask questions that cause doubt about your guilt.
3: DUI Lawyers Explain How a Blood Alcohol Concentration of 0.08% or Greater is Criminalized
They will explain how your blood alcohol concentration is criminalized. The government set the 0.08% level to limit excessive drinking without criminalizing people who have a drink or two and then drive home. In most countries, driving can lose your license even with a minimal amount of alcohol in your system.
4: They Explain How Alcohol and the Body Work
They will explain how certain things can affect your blood alcohol concentration, such as the length of time you drink, what and when you last ate, and even your gender. These things can cause a spike or drop in your BAC level. They will also explain that the effects are both immediate and long-term. The direct impact can be a spike in your BAC, which causes you to test positive for drugs and fail the field sobriety tests. Your DUI lawyers will investigate all the circumstances around your BAC levels during their investigation of your case and find arguments for them.
5: They Explain How Breath-Testing Devices Work
They will ask questions about the machine and its operator, including how long they maintained it, the type of maintenance performed, and even the tester’s qualifications. They will then seek to establish reasonable doubt about your guilt by showing that any errors could have been made by the arresting officer or during testing.
6: They Explain the Relationship Between Driving and Alcohol
The lawyer will explain the relationship between driving and alcohol. They will show that there is no legitimate reason you would be arrested for driving under alcohol influence if you have had no more than a couple of drinks. This topic is one of the most common concerns for people driving under the influence.
7: They Try to Settle Your Case Favorably
Your attorneys will always keep in touch with the prosecution, trying to find the best solutions for you. If your charges cannot be dropped or dismissed, they will negotiate with the state to minimize your penalties.
Bottom Line
DUI is a severe offense that can have significant consequences. A professional lawyer can help you build your case by explaining how the court system works, what you will experience at each stage of the process, and how they can help you achieve a positive result.
Kerry L. Tucker
Early in his journalism college years, Kerry had a revelation: there were not nearly enough law communicators. Peoples’ difficulties in understanding the law, procedures, and how the justice system worked stemmed from the fact that no one took the patience to explain complicated matters to them. Therefore, he took upon him the task of helping people navigate legal matters easier. He works with attorneys and other legal journalists, and spends time doing research so that everyone – from a mother whose child got a bike injury to a company needing insurance counsel – to find the actionable answers they are looking for.
