Once in a while, we might want to unwind and enjoy a drink or two. Sometimes, what starts as a simple drink might surpass our initial plan. Unfortunately, in this situation without a designated driver, you may be at risk of a DUI.
The DUI defense lawyer you hire highly determines the outcome in court. In this article, we’ll talk about DUI defense lawyer, their roles, and their best qualities.
Who Is a DUI Criminal Defense Lawyer?
The prosecution’s work is to present evidence and prove you guilty beyond doubt. On the other hand, the work of a defense lawyer is to refute the accusation and evidence provided. They attempt to disapprove the prosecution’s arguments by identifying weaknesses in the case. In a DUI case, evidence provided includes police accounts of observation.
Proper procedure during the arrest and investigation is very important. A defense lawyer can capitalize on any simple mistake to tear apart the presented case. Getting a professional defense lawyer goes a long way in determining the verdict. DUI is a criminal offense in all states; hence, losing a case attracts disciplinary action.
Qualifications of a Good Defense Attorney
It is of paramount importance to get an experienced DUI defense attorney. Your attorney’s skills and self-assurance influence the results of the final verdict. Here are some qualifications you should consider when choosing a DUI defense lawyer.
Should Understand the Laws Surrounding BAC
A blood test or breathalyzer that proves that you’re above the legal limit most of the time results in DUI charges. An attorney who understands the law should understand the effects of blood alcohol concentration (BAC) in your case. Although DUI is a criminal offense in almost all states, the BAC differs in different cities.
The BAC level of the victim might also differ depending on the driver’s age. For instance, adults over 21 have a higher BAC level than those under 21. It is also important to understand that many other factors might warrant your arrest apart from the BAC level.
Ability to Spot Weaknesses in the Presented Case
DUI cases are only validated through subjective evidence. This means there must be enough evidence to prove you were driving under the influence. An experienced DUI criminal defense attorney can analyze the evidence and identify a legal loophole for your escape. The two main drawbacks include an inaccurate Breathalyzer test or lack of probable cause warranting your arrest.
Your lawyer can also come up with evidence contradicting the prosecution’s finding. Depending on their confidence, this can create doubts in the jury’s eyes. If you’re lucky enough, your case might be dismissed or the sentencing reduced.
Knowledge of State Laws
DUI charges might be regarded as a misdemeanor in many states, but the consequences are very different. To be safe, you should hire e a local attorney who is well-versed in the state’s law and the legal process. Dealing with varying state laws can create complications when you insist on working with your trusted attorney.
State Bar Association’s Membership
A State Bar Association membership test checks their capability and knowledge to represent you in court. A lawyer with the States Bar Association’s test guarantees expertise. Hence, you will have no problem allowing them to represent you in any state’s legal system.
Gather Evidence, File Motions, and Negotiate on Your Behalf
An experienced DUI lawyer must be able to gather enough evidence, file motions, and negotiate with the prosecutor on your behalf. They aim to acquit you or get a fair trial, like a reduced sentence or charge. There are very many procedures that you’ll go through in court. Failing to complete any of the required methods could have a negative impact on the outcome of your trial.
A DUI attorney will represent you at sessions whenever feasible and ensure all necessary paperwork is filed promptly. For example, your license is automatically suspended once you’re arrested for DUI. To contest the suspension, one must request a DMV hearing within seven days. A professional and experienced lawyer should make sure this is done quickly.
If you’ve been charged with a DUI, you should act to build a strong defense that’ll work towards your freedom. At Beckstrom & Beckstrom, LLP, we save you money and streamline the process with our expertise and resources.