Criminal Defense Attorney and a DUI/OVI
Have you ever been pulled over and charged with a DUI or OVI? Yes, it happens but you can greatly reduce the negative affects of this charge with a good criminal defense attorney.
In order to beat the charge of a DUI or driving under the influence, you need to act fast to avoid losing your driving privileges. Your first set in this process it to locate and hire an attorney to get you out of jail. .In some cases, you may be released under your own recognizance (the court gives you the responsibility to return to court on your given date). Many courts will require you to post bail, your attorney or a friend can do this for you.
Once released, it is now time to address this issue.
I In many states, a DUI/OVI charge will generate two separate cases. Those states will file a charge with the Department of Motor Vehicles as well and bring a criminal court proceeding against you . You will then have ten days from your arrest date to prepare for your day in court. . Just like any other criminal case, this begins with your arraignment.
On this day you will be asked to enter a plea, your choices are guilty, not guilty or no contest. . Most likely your criminal defense attorney will advise you to enter a plea of "not guilty". . A later court date will be given to you, which will allow your Attorney enough time to gather the facts of the case and prepare a proper defense. There are several strategies you and your attorney can use in the case of a DUI/OVI charge that have proven to be successful.
For example; your attorney could argue a lack of probable cause for the traffic stop. This means there was no reason at all to stop you and if that is the case, submit a petition to suppress any evidence that the police obtained when you were pulled over. It is also possible to argue faulty or unreliable BAC results . The blood Alcohol Test measures one's level of alcohol in his or her blood. If the amount of alcohol in your blood exceeded the states legal limit your are determined to be unsafe to operate a vehicle.
An experienced attorney could find this test faulty if he can prove the test was administered incorrectly, the equipment used was not properly maintained or if you suffer from a medical condition that may have affected the reliability of the test. . Another tactic is to attack the credibility of the arresting officer . If your attorney can find inconsistencies in the arresting officer's testimony and police report they filed, you may have an opportunity for a not guilty verdict.
But if things are not working in your favor and everything was done by the book , your attorney may advise you to plea guilty to a lesser charge if possible . Doing so may get you reduced charges or sentencing concessions with the district attorney . And of course, you always have the right to gamble in court and lose. At which time you can always appeal the court's decision .
If you don't, there will likely be an increase in your insurance cost, limits on employment options and you will now have a permanent record. Hiring a criminal defense lawyer is the only way to get out of a DUI charge.
Questions and Answers
Adam Burke is an attorney at law practicing in downtown Columbus criminal defense lawyer, Ohio. We are dealing with drafting of legal documents, giving legal advice, and representing clients before courts,administrative agencies, boards, etc.
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