Everyone knows that it is illegal to drink and drive. Drinking while operating a vehicle reduces your reaction time, and thus, increases your chances at an accident. You put yourself and others at risk. However, drinking and driving are generally not that black and white. Other factors are often considered, such as your blood alcohol content level at the time of arrest, the existence of any accidents or injuries, and the circumstances surrounding your DUI incident. These factors are why those charges with a DUI are given a court date. The following things could help your case.
BAC level at time of arrest versus arrival at police station Your blood alcohol content level measures the amount of alcohol in your blood. Most states set the illegal limit somewhere around 0.08. However, some people are right on this illegal line when they are arrested. This minor difference could be the difference between eating a little more at dinner, with your drinks. You are generally measures of your BAC once during the arrest, and then again, once you arrive at the police station.
If your BAC has reduced during your transport to the police station, you may be able to use this in court during your case. This is especially true if it has reduced below the legal limit. The police station may also not be able to hold you anymore, depending on the specific state you live in. You can find DUI help from a defense attorney, regarding the specifics of your BAC levels.
Any prior DUI convictions Most judges are a little more lenient on those who are first offenders. You will also find that you receive more DUI help when it is a first offense. That is because your criminal defense attorney can make the case that you simply made a mistake. People are more willing to forgive a mistake that was made once, rather than multiple times.
Your willingness to take substance classes Many professionals in the justice system view drinking and driving as a substance abuse problem. Your DUI help, or criminal lawyer, may be able to get your DUI sentence reduced in lieu of agreement to a substance abuse class. Considering that an average drunk driver has driven drunk 80 times before the first arrest, it is possible that you will be offered a class for your first sentence.
The details of the arrest Your case may be more promising if there were no injuries or accidents involved in your drinking and driving. However, every two minutes, a person is injured in a drunk driving crash. These individuals will find it harder to receive a break on their sentencing. They will also struggle with finding good DUI help. How smoothly the arrest occurred will also factor into the decision. If you struggled with the officer, it will hurt your case.
Your statement You have the right to remain silent during your case. However, judges tend to look favorably upon those who admit they made a mistake. If you can prove to the judge and the jurors, if applicable, your regret and shame over your mistake, you are likely to be given a lighter sentence. Your defense attorney will counsel you on whether or not you can improve your case with a personal statement.
Hiring legal representation There is nothing that can help your case more than hiring legal representation. When you hire a law firm to represent you, you are gaining knowledge of the system and the laws. The Sixth Amendment provides criminal defendant with the right to legal representation, the right to a speedy trial, and the right to confront witnesses. Even if you are unable to afford an attorney for representation, you will be provided one for a fair chance.
Every day, hundreds of thousands of people drink and then get behind the wheel. Some of these drinking and driving incidents result in accidents, while some, fortunately, only result in arrests. A DUI conviction on your record can ruin your chances of employment, living arrangements, and your social life. Consider hiring an attorney to increase your chances at a reduced sentence.
