You have three options when it comes to a DUI defense: to represent yourself, to use a court appointed lawyer, or to hire a professional DUI lawyer. In the defense itself, you and your lawyer will have to decide on how to contradict statements, use witnesses, and perhaps use experts. Rarely, if ever, should you plead guilty to a DUI charge, especially before speaking with a lawyer. There are some other points to consider, and useful strategies for defense.
This is a loaded question with many points. Did the officer make mistakes in your arrest? Had you really been drinking or used some drug which affected your driving? What did the police report state? And what were your blood alcohol content (BAC) readings?
A defense can be based upon the decision making of the arresting officer. He or she must have a reason for pulling you over in the first place. If they pulled you over with no cause, you have a strong defense. If you’re driving was clearly influenced by alcohol, and the officer had reason to pull you over, that is different.
Were you drinking? Be honest, as just drinking is not an admission of guilt. If you admit to drinking prior to meeting with a lawyer, that can hurt your case. If, however, you were drinking, but did so minimally, that too can affect your case. If the BAC (blood alcohol content) tests were close, meaning you were barely over the .08% limit, you may be able to question the test. If you were over to an extreme, say reading at .12% or more, that can really hurt your defense.
It’s important to understand all the events: if you were drinking, if you were driving wrong, if the officer acted correctly, what you said, and how the police report explains the events.
Can you question the charges?
If you were treated unfairly – such as being profiled and pulled over for no clear reason – you have a right to question the charges. And you always have the means for a defense. This should be decided with your DUI lawyer. There are many ways to prepare for a defend. When pulled over, say as little as possible, only giving your info and taking any breath and blood tests. Write down all the events of what happened, what led you to being pulled over, and if you have any witnesses. Finally, be completely honest with your lawyer and give him or her all your information.
Where can you get help?
Being charged with a DUI can be a life changing event, but simply because you were pulled over and charged does not mean you always face penalties. The best defense is provided by an experienced DUI lawyer. He or she should specialize in DUI law, should be affordable, should communicate well with you, and come up with a defense to limit charges if not absolve you of them.
You will be the final decision maker when it comes to who defends you, how they defend you, and how your rights are protected. However, when deciding on a defense, you need an expert on what happens in and out of court. A professional lawyer, not a court appointed lawyer, gives the best defense.