The first laws of the DUI forbade “driving under the influence of alcohol” or “driving while intoxicated.” Thus, the convictions were based on the actual level of impairment of the driver. In other words, in all cases, prosecutors had to prove that the driver was affected by alcohol. Driving under the influence of alcohol is still prohibited. But now DUI laws also prohibit driving with a blood alcohol concentration (BAC) of .08% or more.
What to do
If you get arrested under DWI or DUI for the first time, it could be a scary experience. You might get confused about what to do in this critical situation because we always worry about our reputation in the society. Get arrested can be more stressful because when it happens, you may have been drunk, and you would think about how this arrest is going to affect your image in society and family. According to DUI Attorney Expert Stowe Law Firm NC PLLC, follow these best practices in case of DUI arrest. This would help you to get out of the situation respectfully.
If a person found guilty of DUI, he or she has to pay the penalty imposed by the law or spent punishment in jail. An attorney can help you in reducing the sentence and it depends upon the circumstances. In some cases, the lawyer can change the sentence entirely to a moving traffic violation, for example, fast driving rather than DUI. However, a plea bargain is only possible if the blood alcohol level is below the legal driving limit of 0.08.
Role of Attorney in DUI Arrest
An attorney can help you in coming out of this awkward situation tactfully. You have to tell every detail about your DUI arrest to your attorney to understand the situation and work accordingly. You need to tell your lawyer about how it happened, either it happened because you did the violation of a traffic law or you have tested for a sobriety or breathalyser test.
Choice to Plead
The culprits of DUI have the choice to plead either guilty or not at a prosecution. Most of the people are not familiar with the process before, and it might be challenging to know what plea is best for them. The attorney helps the DUI culprit about what to say at the time of prosecution based on the different situations. For instance, if a person failed, a field sobriety test has many pieces of evidence against his DUI arrest to plead not guilty. Still, someone who has witnesses who will attest to his or her sobriety may have enough evidence to dispute the charges.
You need to tell all things to your attorney about your DUI or DWI arrest, like how you got arrested? You were ill or sleep-deprived. What were you doing before your arrest? Is there any other reason that led you to the arrest? It is also essential to tell your lawyer about how many times you have been arrested. Is it your first time or you have been arrested before as well?
First of all, you have to go for the chemical test after the arrest because it is also compulsory by law, and if you refuse the test, you will be punished. The chemical test will show your current blood alcohol level. The police officers would conclude your blood alcohol level at the time of the arrest. If you refuse the test, you will become more suspected in front of the police, so take the test.
Ask for Bail
Laws related to DUI or DWI are complicated, and a general attorney could not understand it deeply. An attorney must have a detailed understanding of the legal system about DUI. After the arrest for DUI, posting bail is required. Although, most people can be released without bail, in some cases, a bondsman’s help is needed for the bond. The bondsman will charge a fee in advance, and when you pay them the money, they will post bail for you. Although it might be expensive, it makes you release in lesser time.
A bondsman gives the assurance to the police that you will come to your hearings. After the bondsman’s guarantee, the police will release you on bail, and if you didn’t come at your trial, it is the responsibility of the bondsman to bring you to the court.
Request a DMV
You have limited time that is usually ten days to request a DMV hearing after your time of the arrest. The court will decide after this hearing that whether you can keep your driving license with you or not. So, requesting a DMV hearing is very important, and if your attorney does not file a request, your license will be suspended automatically.
If a person decides to appeal not guilty, he or she will need to gather evidence to make a case. It is impossible without the help of an attorney. The lawyer knows which information could help to win the case. A lawyer will know that from where he can get the information to win the case. An attorney follows all the protocols because he knows that the charges are argued before a judge and jury.
For a DUI arrested, it can be challenging to choose what to do at each stage of the process. In the case of drunken driving, a person must need helpful advice. When a person is considering pleading not guilty, consulting with a lawyer who is familiar with DUI or DWI cases can be very helpful.