Fighting a DUI case is not something that you should do without an attorney. However, finding the right attorney is necessary because not all attorneys specialize in this type of law. In other words, the one-man show that works out of an office on the corner is probably not the right guy for the case. Your attorney needs to have a proper support staff as well as being able to provide you with references and past cases that shows he or she has experience and a successful track record when defending clients that have been charged with DUI.
How Can a DUI Lawyer Help? In most cases, there are three ways a DUI lawyer can help you with your DUI case:
1. Win the case outright in court
2. Have the case dismissed due to faulty evidence collection protocols
3. Plead to lesser charges
The first point speaks for itself. If you are innocent of the charges and can prove it, you may just decide to plead innocent and let your attorney fight it out in court. If this is the case, be sure to choose an attorney that does have trial experience. There are attorney’s that have literally never seen the inside of a courtroom other than to offer a plea.
Concerning the evidence, there are plenty of reasons why this evidence collected may end up in the trash bin. For instance, can the actual traffic stop itself be called into question? Did the officer use a field test that is not considered valid? Was the person operating the breathalyzer certified to do so?
In addition, the breathalyzer evidence itself may be invalidated if it took too long to have it administered. Why? Because at the time of the stop, you may have actually been sober if you just had a drink and immediately left. Alcohol takes time to get into your bloodstream and affect your motor skills. Legally, you may have been sober when you were behind the wheel but after several hours, you could be legally intoxicated.
Finally, depending upon the circumstances, the courts may allow you to plead out to lesser charges. In many cases, you may still be fined or end up with a suspended license, but you will not have a criminal record. This will often depend on the actual evidence as well as the prosecutor and judge. Your attorney will be able to help you decide the best course of action based on your interview and the evidence.
Taryn J. White is a legal research specialist and DUI law news reporter. Her current accomplishments include helping those facing any driving under the influence arrest charges, get free online assistance in learning how to fight a DUI case for the best possible outcome.