When faced with a DUI arrest, it is natural to want to get the case dismissed as soon as possible. But even if you think that the charge is bogus or not proven, it is important to find out more about the laws and procedures that pertain to DUI cases, including what your rights are and the legal process that will follow you throughout the process.
The criminal and legal system works on the premise of individual responsibility and individual rights. A person who is arrested for a DUI is not legally responsible for the actions of another person, nor can they be held responsible for their own actions. This means that you are responsible for your own actions, but if you are arrested for the actions of another person, your attorney has a responsibility to investigate the circumstances surrounding the arrest and advise you accordingly.
If the police officer arresting you has reasonable suspicion that you were driving while intoxicated (DWI), it is not unreasonable for them to request that you submit to a field sobriety test. You may be asked to stop and remain seated for at least a few seconds to allow the officers to perform the test on you. During this time, you may be asked to step forward slowly from your seat to the sidewalk, which can be a difficult position for many people, as they often do not like to make eye contact with others while being questioned. If the officer has reasonable suspicion to believe that you are driving under the influence, then he or she will administer the field sobriety test to you.
You should feel free to ask your attorney questions about the case at this time, because your attorney will be able to help you understand what happened, how it relates to your rights and your obligations as a defendant in the criminal and legal system. If you have any questions or concerns after the test is completed, it is important to call your lawyer immediately.
After the field sobriety test, the officer will administer a breathalyzer to you in order to determine your blood alcohol content (BAC). This test is only done if there is reasonable suspicion that you were driving while intoxicated. If your BAC falls below the legal limit for your age and gender, then the arresting officer has probable cause to arrest you for DUI.
If you are facing a DUI, your next step is going to be to go before a judge. In most jurisdictions, a judge will order the defendant to take a blood alcohol test. at a hospital or another location, and then order the test to be read by a certified medical professional. to determine your blood alcohol content.
Once the blood alcohol content test is read, it is reviewed by the court to determine whether or not you have been guilty of DUI. If it is determined that you have not been driving while intoxicated, you will be given a notice of charge. The judge will then assign a date for you to appear in court.
It is important to make sure that you retain a highly-skilled and knowledgeable DUI attorney for your case, so that your attorney can explain everything clearly to you and give you guidance based on your specific situation. Your attorney will know what rights and remedies exist under state law, and what the legal procedure for the case is.
When you retain an attorney, you are more likely to receive a favorable disposition for your DUI charges. Your DUI attorney will be able to negotiate with the arresting officer to reduce your penalties or dismiss some of the charges. If the arresting officer is unwilling to take a plea bargain that is acceptable to you, your attorney will also have an opportunity to request that the charges against you are dismissed.
The process of getting a good DUI disposition will also require that you talk to a prosecutor who is a personal acquaintance with your DUI case. In addition, you will need to review the police reports and other supporting evidence that was collected at the scene of the accident. A competent DUI lawyer will review these documents in detail and help guide you through the legal procedures to resolve your case.
In the end, when you speak to your DUI attorney about your case, be sure to ask several questions to determine whether or not you are being treated fairly by the legal system. Most importantly, be sure to ask if your questions are answered honestly and if there are any other options available to you that you may not have considered otherwise. A competent DUI lawyer will be honest with you and willing to help you get the best results for your situation. If you have been arrested for a drunk driving offense, ask your lawyer to explain all of your options, and ask for his or her recommendation as to the best course of action.