A DUI defense is always possible. You may consider pleading guilty. You may just accept the charges. You might not hire a DUI lawyer to defend you. But these are mistakes. You have options for defending a drinking and driving charge. This guide explains them to you.
You should almost never plead guilty to a DUI charge. The problem with pleading guilty is that you are accepting the full charges. You may be guilty of some of what happened, but you need not accept every charge made against you. Instead, you should hire a lawyer and prepare a defense.
Plead Not Guilty
Pleading not guilty to a drinking and driving charge is one of your options, and it’s the best. There may be a problem with the blood alcohol test. The arresting officer may have made a mistake. Your lawyer may find a problem in what happened, or proof you might not have been intoxicated at all. In other words, you should almost always plead innocent, as it’s your right.
The BAC Level
Blood alcohol level tests are not 100% accurate. Few tests on your body are without some chance of being wrong. The breathalyzer, for example, has a history of being wrong. It is subject to human error; simply because you fail it does not mean you are guilty. Therefore, it’s time to question it. Blood tests are much more accurate, but they too are subject to some error.
The Arresting Officer
Sometimes the arresting officer makes mistakes. He or she might pull you over for no reason. The officer may break your rights during the arrest. The officer might profile you simply because you are a minority, a woman, or in a certain make of car. You have clear legal rights. The officer must have a valid, provable reason for pulling you over. You cannot just be pulled over because it’s late or because you look intoxicated. You must break a law to be pulled over in the first place.
Your Lawyer Options
Perhaps the most important right you have when charged with drinking and driving is to representation. You need an experienced DUI lawyer, someone who specializes in handling these cases, who you can hire to fight for your rights,who you can communicate with, and who you can afford. You have the option for a court appointed lawyer, or even to defend yourself, but this is a big decision and a very important defense. You need a professional. A court appointed lawyer has no stake in your defense; he or she might even advise you to plead guilty or accept the charges, always a mistake. Unless you are a DUI lawyer, you should never defend yourself.
Drinking and driving is a major problem, and a mistake. But guilt is not always 100%, even if you can admit some mistakes. Know your options and prepare an effective defense.