The implications of getting convicted after DUI charges make most Americans dread getting caught driving when drunk. The fear is made worse by the fact that law enforcement officers take these cases very seriously. In fact, out of the 1.5 million DUI arrests that are made in the country each year, over 85 percent get convictions. While it is true that there are states and counties with much lower conviction rates, the averages stated above show just how hard it is to beat a DUI charge. This is perhaps the reason anyone arrested and charged with DUI does their best to get a competent criminal defense attorney Hopewell VA has to represent them in court. Here are steps to follow when solving a DUI:
The process starts with the arrest. For a DUI charge to be brought against you, the traffic officer that arrests you must have a solid probable cause for flagging you down. This includes issues such as a broken taillight, running a red light, weaving carelessly through traffic and other related offenses. In case you are stopped, and there is no probable cause, any DUI charges brought against you will be easy to dismiss.
The officer will report that upon speaking to you, they noticed an alcohol odor emitting from your mouth and that you showed signs of intoxication. This will serve as the basis for the field sobriety tests administered, which include counting from a hundred backwards, walking in a straight line, standing on one foot, and a preliminary alcohol screening. If the tests indicate you are intoxicated, you will be arrested.
Once you have been taken down to the precinct, the next step, which involves testing the blood sugar level, will follow. If the BAC test indicates that you have a result of 0.08 percent alcohol content in your blood or more, excessive BAC driving charges may be brought against you. You may also get tested for other drugs.
Upon conviction, your drivers license will be confiscated, and a pink temporary one is issued. The suspension takes effect 30 days after the arrest. The license is sent to the DMV ( Department of Motor Vehicles) who automatically suspends the license. The officer completes their report and submits it to the local prosecutors. They will decide whether to file DUI charges formally or not.
The case starts after the prosecutors file charges. You will be needed to choose between a private DUI lawyer and a public defender. There is also the option of self-representation, which is not recommended. It is better to opt for the PDA or the private DUI attorney. Hearing dates are set so you can get a chance to defend yourself.
Normally, there are different lines of defense when it comes to DUI. The first one involves challenging the evidence presented, especially the FST. Secondly, the lawyer could challenge the probable cause of arrest. Lastly, the lawyer will question the certification of people performing the tests.
When a lawyer has spent many years dealing with DUI cases, they will know the right line of defense to use. A well trained and experienced lawyer will know the strings to pull to make sure you get a conviction.
The process starts with the arrest. For a DUI charge to be brought against you, the traffic officer that arrests you must have a solid probable cause for flagging you down. This includes issues such as a broken taillight, running a red light, weaving carelessly through traffic and other related offenses. In case you are stopped, and there is no probable cause, any DUI charges brought against you will be easy to dismiss.
The officer will report that upon speaking to you, they noticed an alcohol odor emitting from your mouth and that you showed signs of intoxication. This will serve as the basis for the field sobriety tests administered, which include counting from a hundred backwards, walking in a straight line, standing on one foot, and a preliminary alcohol screening. If the tests indicate you are intoxicated, you will be arrested.
Once you have been taken down to the precinct, the next step, which involves testing the blood sugar level, will follow. If the BAC test indicates that you have a result of 0.08 percent alcohol content in your blood or more, excessive BAC driving charges may be brought against you. You may also get tested for other drugs.
Upon conviction, your drivers license will be confiscated, and a pink temporary one is issued. The suspension takes effect 30 days after the arrest. The license is sent to the DMV ( Department of Motor Vehicles) who automatically suspends the license. The officer completes their report and submits it to the local prosecutors. They will decide whether to file DUI charges formally or not.
The case starts after the prosecutors file charges. You will be needed to choose between a private DUI lawyer and a public defender. There is also the option of self-representation, which is not recommended. It is better to opt for the PDA or the private DUI attorney. Hearing dates are set so you can get a chance to defend yourself.
Normally, there are different lines of defense when it comes to DUI. The first one involves challenging the evidence presented, especially the FST. Secondly, the lawyer could challenge the probable cause of arrest. Lastly, the lawyer will question the certification of people performing the tests.
When a lawyer has spent many years dealing with DUI cases, they will know the right line of defense to use. A well trained and experienced lawyer will know the strings to pull to make sure you get a conviction.
About the Author:
When people are in need of criminal defense attorney Hopewell VA residents recommend that they use the services of this site. Come and review all the information by clicking here http://www.lichlaw.com.
Aucun commentaire:
Enregistrer un commentaire