So, you have been arrested for DUI. But how can you challenge the arrest? In California, the law recognizes a defense known as the “necessity defense,” which excuses DUI in situations where alcohol is required to protect the public. The defense argues that the defendant was not driving at the time the arrest took place and that the alcohol level was below the legal limit at the time. However, this defense is not available in all states.
Your DUI case begins with an arraignment, or court appearance. At this court appearance, the prosecutor will read out the charges against you. If you need an attorney, the court may assign a zealous advocate who will represent your interests in court. Often, your attorney will represent you in this process. If you were arrested for DUI, your attorney can help you protect your rights. By consulting with an attorney, you can avoid the costly mistake of losing your case.
A trial may be necessary if you have a problem with the prosecution’s evidence or cannot agree on a plea. Whether the case goes to trial depends on the evidence presented during the investigation. If the police haven’t given you a proper reason for stopping you, your attorney can ask the court to suppress evidence based on your blood alcohol concentration. This way, you have more leverage to win your DUI case. If a plea deal is not possible, you may want to consider a jury trial. A jury trial is usually stressful and difficult for the defendant.
A DUI case is a serious criminal matter. The penalties for a DUI charge can be stiff and can affect your freedom. A skilled lawyer can help you fight the charges, reduce their severity, and even get the charges reduced. If you are charged with a DUI, a skilled defense attorney can negotiate a lesser sentence, and may even qualify you for treatment diversion programs. However, there are ways to reduce the penalties, such as a probationary period.
You must attend a DUI evaluation. If you have a previous DUI, the judge may agree to a court-approved alcohol treatment program to help you understand your alcohol dependency and treat the underlying problem. DUI convictions can cost you your license and cause a hefty fine. However, you can negotiate with your DUI defense attorney to get a reduced sentence or get your license suspended. If you are convicted of DUI, you will have to pay a special insurance policy, referred to as SR-22, for three years. Moreover, a DUI stays on your record for life.
While DUI charges can lead to jail time, the process is much simpler and less complicated than you might think. A DUI trial involves two parties: the U.S. government and your attorney. You may be arrested for DUI if you’ve been driving while intoxicated for more than eight hours. A DUI trial will last anywhere from two to seven hours, and the entire process can take months to complete. The judge will hear both sides’ closing arguments and a jury will decide if the accused is guilty or not. For more insights visit krauselawoffice.com/dui
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