Got Charged With DUI - Now What?
Driving under influence has both social and legal implications in nature. If you’ve never been charged with DUI, then it is good to remain that way and keep up with this good work. However, if you’re being charged with DUI, then this article is for you. Before you begin your DUI case, you should ensure you put yourself in a position to win the case or obtain the most favorable judgment. Facing a DUI charge can change your life forever come, so it is advised to take your time to prepare very well for the legal battle. Below is the list of what you can do to ensure you make the right choice.
Write Down Everything
Write down everything that happened on the day of your arrest, starting from the most negligible ones to the important details; you must pen down all of them as they may be vital in determining whether you are guilty or not.
Remember that sometimes the case may take too long, so it is always advised to pen down whatever happened on the day it happened as quickly as possible, so you can be able to remember every vital detail. The police are well trained on how to handle this matter and step-down information, however, citizens do not know what to write down because they are not trained to do so. So it is advised you pain down both the important information and the less important information as they might be the factors to determine that you are innocent.
Ensure you collect and document all your pertinent documents as they are the backbone of your case. This type of documents in clothes your credit card, your restaurant receipt, your phone records and other vital records that would prove the inconsistency of a police report in the blood alcohol test. Another vital document to keep is your DMV documents that contain your driving records, all these would help DUI attorney in making the right judgement.
Requires that the arresting officer should be invited to your hearing. During the trial, this is an opportunity for the arresting officer or the investigating officer to be questioned and cross-examined this would give you a fair chance to have this case struck off. On off the chance that the DMV sopenas the arresting officer and he failed to be present on the day of your trial, there is a great chance that the state will strike off the case in your favor.
Apply For A Hearing
Some States gives a direct suspension to a driver's license of those charged with DUI, this might interrupt your daily activities or business as you won't be able to drive a car until judgement is being taken. It is advised you apply for a hearing if you face this type of challenges. Filing for this DUI hearing before the DMV is different, depending on the test you undertook for the alcohol blood test. A breathalyzer test has a maximum of seven days to file for a hearing, from the day the notice of Rico revocation of driver's license was being issued to you. However, if you took a blood test, the DMV can give you a longer day to file for a hearing. Note that this filing must be written clearly and concisely, and should be submitted to the department of revenue for processing.
Hire A DUI Attorney
This the most important aspect of your DUI case. Hiring a professional DUI lawyer cannot be overemphasized, they are responsible for guiding you to make a better decision that will ensure you get your case struck off or a lesser penalty.
The DUI attorney is responsible and telling you what to talk about when being questioned by the investigating officer, and they are also responsible for making a good bargain for lesser charges if you’re being found guilty.
Do Not Rely 100% On Field Sobriety Tests
A field sobriety test is 100% reliant on the arresting officer’s judgement, so it is advised to not trust this test fully, as it may be impaired.
Learn the basics of DUI Law
there is no doubt not having a quality lawyer to represent you is the best thing you can do for your DUI case, however, it is encouraged that one takes his time to learn the basics of DUI law, as this will allow you to have a full awareness of what the situation you're into and help you make the best choice for yourself.
The law permits you to refuse to take an alcohol test, however, the law also clearly stated that anyone who refused to take this test should have their driver’s license suspended. If you choose to take this test, it is advised to go for the blood sample test, as this is the most accurate of all alcohol tests. Although the arresting officers would not tell you this, a blood test is more expensive and difficult to take, compared to the breathalyzer test all the field sobriety test. it is your right to choose the most accurate form for your testing and you deserve that, so request it.
Going to Court
No one love's going to court, as this can be extremely stressful and expensive if you hired a lawyer. However, if there is a need to go to court, it is better to be well prepared, as this would reduce your stress and tension level.
The first court appearance is usually an arraignment, this is the time where the accused will be asked whether they are guilty or not. Most people fail this test and choose guilty, thinking this would give them a favorable sentence. However, this is not the case, even if you feel that you are guilty, do you need to plead not guilty, to give yourself a chance at a better hearing, and let the judge decide if you're guilty or not. You should note that pleading guilty would not reduce your judgement, and pleading not guilty would not increase your judgement if found guilty.
It is your choice to choose if you want a lawyer to represent you and the court, you can hire one yourself or you request the state to provide one for you. Most people think they can handle the case themselves without a lawyer, however, I would advise you are one, as they are more equipped to help you get a favorable judgement. Court cases are complex, and you can get yourself caught on your web if you do not know how to answer the right questions, this is why you need the expertise of a DUI attorney.
Your lawyer will accompany you in almost all of your court cases, and their job is to explain to you whatever times you do not understand, so and sure you ask them questions when you feel confused. another thing is to make sure you give them every vital detail, including the ugly ones, do not keep any information from your lawyer, as that might be the key to winning your case. You don’t need to be scared of having your privacy leaked, as they have to ensure your meetings are confidential and strictly non-disclosed.
After your court hearings, you might be faxed with several options, remember this is your choice to make, as it is your life. Have a clear understanding of everything before your choose.