Retaining A DUI Attorney
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Have you ever been pulled over by the police and charged with driving under the influence? Yes, can occur, if you are unfortunate, but you can get the charges dropped with the help of a criminal defense lawyer. If you have been charged with this crime, it would be to your advantage to retain a Fort Lauderdale DUI Lawyer, particularly if you are a Florida resident.
Drinking under the influence of DUI requires fast action on your part so that your license will not be suspended. The initial thing for you to do is to retain an attorney so you can avoid being incarcerated.
In some cases, this does not happen because you are released on your own recognizance. However, some will require you to post bail which your lawyer can take care of.
Once you are released, it is time to quickly confront this problem. In some states, a DUI charge generates 2 separate cases. The case is brought against you by the Department of Motor Vehicles while the second case is a criminal court case. When you are faced with this dilemma, you have to address both of these charges within ten days from the date you were first arrested. It will be advantageous for you to retain a Fort Lauderdale Criminal Attorney, who is well versed in driving while intoxicated cases.
Similar to any other criminal case, this is commenced with your arraignment. You will be asked to enter a plea of guilty or not guilty. Chances are, your criminal defense lawyer will tell you to plead not guilty to these charges. This will give him or her time to review the facts of the case so your defense will be established.
There are many strategies available that your lawyer can use to you get out of a DUI and have proven to be successful.
Your lawyer may for example argue lack of probable cause for the initial stop. This means there was no reason at all to stop you and if that is the case, submit a petition to suppress any evidence that the police obtained when you were pulled over.
Additionally, the lawyer can also argue that faulty or unreliable blood alcohol content (BAC) results were obtained. The BAC stands for a blood alcohol test which is used to determine if the defendant's alcohol level has reached the maximum limit which that legally makes him or her unsafe to drive a motor vehicle as defined by state law. In most jurisdictions this level is 0.08%.
The results could be faulty if your lawyer can prove that the test was not properly administered, the equipment used was not properly maintained or you have a medical condition that may have an impact on the reliability of the test.
Another tactic is to attack the credibility of the arresting officer. If your lawyer is able to question the police officer and prove there are inconsistencies in their testimony compared with the police report they filed, you just might have a chance of getting a not guilty verdict.
However, if matters are not unfolding in a favorable manner for you and everything was done by properly, then your attorney may advise you to accept a plea agreement to a lesser charge. In this manner you may receive reduced charges or sentencing at the discretion of the district attorney.
If you do not want to enter into a plea agreement and decide to go to court and lose, then you can file an appeal. If you do not, there will most likely be a large increase in your auto insurance rates, limitations on your employment options and you will have a criminal record.
Retaining a criminal defense attorney is the only practical way to avoid a criminal record after a DUI charge. After all, there are many ways for you to argue your case so you can avoid a conviction and a criminal record.
Article Source: Articlelogy.com
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