close

August 15, 2017

Law

Criminal Defenses in A DUI Case

Many people erroneously assume that a DUI charge is unbeatable. They think that the sobriety tests, blood tests, or breathalyzer test is the only thing that determines whether someone is guilty or innocent. And so, they fail to call a lawyer and wind up losing their license, going to jail for a brief period of time, or being subjected to lengthy traffic/alcohol classes. The fact is that no charge is unbeatable. A good DUI lawyer Phoenix is more than capable of looking at the facts of your case and the behavior of law enforcement during your arrest to determine some very winnable defenses for a DUI charge.

Only some things are admissible in court relating to your case. The arresting officer may not have actually observed you driving. There are times when people are arrested drunk behind the wheel of a car that is parked. If this is your situation, a good DUI lawyer may be able to cast enough doubt on whether or not you were driving that you can get the case dismissed entirely.

Another common defense is to look at the reason you were stopped in the first place. If you weren’t stopped for what seems like a justifiable reason, then you may be able to have that part of the arrest deemed inadmissible. Another thing that people can sometimes have deemed as inadmissible is evidence that occurred AFTER the officer failed to read Miranda rights or didn’t recite them correctly. If you weren’t given these rights, parts of your case may not even be allowed in court at all.

Only a lawyer knows which of these defenses will work for you. And make no mistake, there are many more common defenses for a DUI charge. Only a lawyer will be familiar enough with the law to be able to give you your best chance in court.

If you haven’t pleaded guilty a DUI charge yet, you might want to rethink pleading, even if you’re pretty sure you were intoxicated while driving. Now that the danger of drinking and driving has passed, this is a legal matter to be left up to the courts. A lawyer will be able to assess your circumstances and help you determine whether or not you should plead guilty with the terms of a plea bargain – something that reduces your consequences – or go ahead and fight the charge in front of a judge or jury.

Whatever a client is comfortable with, a lawyer will listen to. Some people charged with a DUI just want to get the matter over with, no matter what the consequences are going to be. This is left up to the client. For those who feel like something wasn’t quite right about the arrest, there’s nothing wrong with seeking the advice of a good DUI attorney. These skilled lawyers have been working on these cases for years and have the experience it takes to fight a charge as serious as a DUI. It’s wise to call them before pleading guilty.

read more