Law

Working on a Defense to a DUI with a Lawyer

A DUI can be a life-changing conviction, even if the driver has never had a criminal conviction before. When someone has a DUI, they need to speak with an attorney as soon as possible to start working on their defense. During the time they speak with their attorney, there will be a few things the accused and the attorney will do. This helps the accused learn more about what to expect and what the outcome might be for their case.

Discuss What Happened

The attorney needs to know everything that happened, from the start of the night to what happened during and after the arrest. It is crucial the accused is honest with their attorney, as lying during this part of the discussion could mean the defense strategies aren’t going to be as effective as expected. The attorney is still going to work hard to defend their client if the accused is guilty of driving while intoxicated, they’re just going to proceed in a different way from what they would if a mistake was made and the accused was not guilty.

Determine Possible Defences

After the attorney knows what happened, they can start thinking about ways to defend against the charges. This includes questioning the reason for the stop, the field sobriety test results, or the blood alcohol content (BAC) test. It could also include questioning different types of evidence, depending on the situation, or working on a plan to show the judge that the accused made a mistake, has learned from it, and will not make the same mistake again. The different defense considered will be based on what happened before, during, and after the arrest.

See if Avoiding a Conviction is Possible

In some cases, it may be possible to avoid a conviction completely. In others, it’s possible to be found guilty, but have the judgment withheld as long as the accused completes the sentencing guidelines given by the judge. The attorney will review all of these options with their client and provide advice on what is likely to happen. If a conviction is avoided, this means the accused will not have a DUI conviction on their criminal record and will not have to worry about it impacting their future.

Look for Ways to Reduce the Penalties

If a conviction cannot be avoided, the attorney may look into ways to reduce the potential penalties. A judge will determine the penalties, but the attorney can make suggestions. This could include taking DUI classes or going on probation instead of jail time. Though the accused will have a conviction on their record, it may be possible to minimize the amount of time spent in jail and the impact that could have on their life. If you’ve been arrested and charged with a DUI, don’t wait to seek help from a Lawyer. They’re going to do as much as possible to help you get a better outcome for the situation, whether or not you were under the influence while driving. Have a consultation with a lawyer to learn more about how they can help with your specific case.