What is a DUI?
DUI or Driving Under the Influence refers to the act of driving while under the influence of alcohol or drugs. In most states, it is illegal to drive while under the influence of alcohol, illegal drugs and some prescription drugs. The term DUI means driving under the influence and it is a collective name of a number of offenses including drunk driving, drinking while driving, driving or riding a motorcycle while drunk or while under the influence of an illegal drug or alcohol. DUI charges may also apply if a person is riding a boat, a bicycle or when flying a plane while under the influence.
There are two separate parts in a DUI Case
the administrative part and the criminal part. The administrative part starts when an officer asks a driver to take a test for alcohol through a breathalyzer, or through submission of a breath sample, blood or urine sample for chemical testing. Administrative parts of these cases are dealt by the DMV (Department of Motor Vehicles). Obtaining a license automatically makes the driver liable to these tests; refusal may result in suspension of their license. The second type of punishment for a DUI offense may be a criminal charge, for example jail time, parole and hefty fines. The consequences of a DUI charge depend on a number of factors such as age, level of alcohol in the system, Department of Motor Vehicles record and criminal history of the defendant. The charges of the first misdemeanor driving under influence offense are usually uncomplicated but a second offense or a major accident may leave a permanent mark on the defendant’s life.
Police need Evidence against You
The police officer is entitled to stop a vehicle and take the driver’s test based on their judgment. An officer can arrest a person if they think that the driver is under the influence of a drug or alcohol. Hence the defendant, especially in such cases, should consult an experienced DUI attorney as soon as possible. The most commonly used device for DUI tests in a breathalyzer but their maintenance and accuracy can never me ensured. Some officers use field sobriety tests which include walking on a straight line but tests may also not be accurate as limping may result from tiredness or any ailment. In such cases, the defendant is falsely accused of a DUI offense and the information submitted by the officer, although false, may be accepted in DMV. To eradicate these problems, samples of blood, urine or breath should be collected by the officers to present to the DMV or in court.
Consider Hiring an Expert
One should hire an excellent DUI defense lawyer with expertise in dealing with these cases. Not only will the attorney guide you about the complications of these cases but he/she will also challenge the authenticity of the evidence collected by the police. If things work in the defendant’s favor, the attorney will work out a strategy to make the defendant eligible for a diversion program. A diversion program requires the defendant to meet certain requirements for example community service etc. for the case to be dismissed. If the defendant is not familiar with the law or does not have the help of a good attorney, they may miss the chance to get rid of the charges via a diversion program. Hence, it is ideal to do thorough research before choosing an attorney to make sure that the services provided by the attorney are worth the charges. The defense attorney should be local and should be exclusively dealing with DUI or criminal cases to ensure that every step taken during the case is to the point and wisely thought through.