Tips for Clients Tips for Clients
As you probably already know by now that DUI is the most unpopular and serious crime of driving or operating a vehicle while under the influence of alcohol, drugs or any other substance that can impair your driving abilities. That is why it is also referred to as DWI (Driving While Intoxicated) in many of the states. Even if you have been enjoying a completely clean record before, a DUI arrest and conviction can seriously hamper your future prospects and create a permanent mark in your life. A more serious DUI involving injury or even death of a person is usually considered a felony and has very serious charges which can have long lasting consequences. That is why, any website, any legal book and any defense attorney will give you a few similar pieces of advice; firstly to try your best not to aggravate your DUI arrest and charges by refusing to take a breath test or trying to evade the police. Secondly, immediately after your arrest, you should spend your time getting as much information about DUI in your state and county as you can. Thirdly, and most importantly, you should look for a capable DUI attorney in your region. You should try your best to get an attorney whose area of expertise is DUI in your region and who has handled similar cases in the past. You should be upfront and honest with your attorney, giving them as much particulars about your case as possible and learning as much as you can about your case and charges from the attorney.
To explain a bit more about DUI in America, you should know about the legal limit of alcohol in your body, irrespective of your health statistics and how much alcohol you can actually take before impairing yourself. In all the states of America, it is illegal to have a Blood Alcohol Content of 0.08 or more irrespective of whether you feel impaired or not. That means that the prosecution will only have to prove that your BAC was higher than 0.08 in order to convict you. Because DUI cases often lead to injuries or even death, law makers and the police have become more conservative and strict in implementing these laws and bringing the offenders to justice. That is also a reason why you need to have a strong case represented by a reputable and experienced lawyer.
Usually DUI fines and penalties depend entirely on the facts of your case, where it occurred, if there were any aggravating factors involved and it also depends on the state where it happened, because the laws vary slightly from state to state. Generally, the penalties associated with “Driving While Intoxicated” involve fines, imprisonment, community service, court fees, ignition interlock devices, alcohol treatment, DUI school etc. You can reduce the severity of these penalties by building and presenting a strong case in the court. Every state's DUI laws include minimum penalties for any DUI case which means that you will have to pay the minimum fines or you will have to spend the minimum time in jail. Depending upon your state or county, you also need to keep these minimum mandatory penalties in mind while building your case.
Keep in mind that your current DUI penalties can worsen depending upon certain factors; for instance, if you have any prior convictions, your charges may be more severe than expected. Also, if you were arrested with a much higher Blood Alcohol Content, refused to take a breath test, drove recklessly, endangered a child or a minor, caused an accident or injury, damaged property, operated a vehicle with a suspended license or failed to obey traffic laws and regulation, then you can expect to receive harsher than usual DUI penalties.
One important fact about DUI cases that you must know about before you consult with your attorney is about mitigation; how to lessen the intensity of your DUI charges if they are not dropped completely. Your DUI lawyer must be concerned with winning your case and in mitigation if nothing works out; a good lawyer would work in your best possible interest. You and your attorney must collaborate and work to convince the court using all possible tools and to avoid harsh penalties as your DUI consequence.