Being arrested for a DUI can be a scary experience, but it does not necessarily mean that you are going to jail or paying heavy fines. Consulting with an experienced DUI attorney and you just may find out that the case against you is not quite as strong as it seemed. There are several ways your lawyer may be able to get you out of the courtroom without going to jail.
The decision to fight the charges or plead out starts with how damning the evidence against you is in the case. Remember, it is up to the prosecution to be able to prove its case “beyond a reasonable doubt”. If your attorney can find any weakness in the case, it will be exploited so that doubt creeps into the mind of the members of the jury.
Problems with Evidence in a DUI Arrest
Did you perform roadside tests? If you did, know that you were actually under no obligation to do these tests. We realize this is hindsight advice, but part of the reason you are not obligated and should refuse is because these test results are argumentative at best. Numerous factors can affect how a person performs in these tests, even if he or she is dead sober.
Chemical tests are not without their faults, either. For instance, certain mouthwashes can throw off the reading, giving a false positive. When you consumed alcohol compared to when the test was actually given will affect the results. In addition, who performed the test as well as how the samples were handled during the process can all come into question.
Pleading Out a DUI for Lesser Charges
Some states absolutely frown upon pleading out DUI cases for lesser charges, but there are still plenty of states that give prosecutors some leeway when the evidence is not overwhelming against the defendant. In cases such as this, your attorney can work out a plea bargain for a lesser charge, such as reckless driving. You may still be hit with penalties and fines, but they will not be as harsh as the penalties for a DUI conviction.
The best thing you can do at this point is gather all of your information and consult with a DUI attorney. You can find local attorneys using sites like DUIRights.com. In most cases, the initial interview or consultation is free, so you have absolutely nothing to lose and everything to gain.
DUIRights Support is comprised of legal writers and attorneys who are able to generate useful information about issues relating to DUI. Please use all information at your own discretion and never use the information as legal advice without consulting with an attorney.