Breaking

Facts about DUI cases to know before approaching your lawyer




Normally, if somebody is charged under the influence of DUI, his or her freedom of mobility in the future, the finances, and the reputation get crippled. All of these get devastated because of one conviction in most of the cases. A reputed and experienced DUI defence lawyer is the only person who can help you to make the process smooth and to save you from this headache. But before you approach one such DUI defence lawyer, you should now and learn certain basic things.

·         DMV Hearings:-DU arrests are a little unique from the other cases as it does not only deal with the normal criminal judicial system of the respective country but the Department of Motor Vehicles or DMV will also be involved. Once you get arrested, you will be given ten days only to request for a hearing with this department. In this session, you will have to challenge the decision of revoking the driving license, you do not need to prove yourself innocent from the crime here.
                                                                                     
·         Field sobriety tests: Field Sobriety Tests include walking on a single straight line, to stand on one single foot and some other similar kind of curbside examinations. Although this evidence collected by the arresting officer against you can be deemed inadmissible if there was any technical fault.

·         Chemical tests: If you anyhow refuse to take the tests of blood, breath or urine, your driving license will be terminated, no matter you are sober or drunk. Though the chemical tests are not as infallible, strict and unwavering as they seem to be. You always have the right to challenge the results of these tests and for this, you should take help from a good DUI defence attorney who has good knowledge of these things.

·         Reasonable suspicion: As per law, any police officer doesn’t have the permission to pull anyone over unless the officer has some valid and reasonable suspicion that the driver has committed this crime of driving when drunk. Also, the officers are required to follow certain protocols which are very strict while they use any DUI checkpoint. If the circumstance of arrest is questionable then the driver will definitely some advantage in the defence.
In this context, you should know that it may sound strange but in reality, many of the DUI cases do not even go to the court. The system of criminal justice and the DMV just gloss over the case sometimes and leave you with only after hitting with some penalties.


No comments:

Powered by Blogger.