In the United States, drunk Driving is still a problem. Approximately 11,000 lives get lost each year due to drunk driving accidents. As a result, there are always thousands of lawsuits.
But, it is vital to know that not all DUI cases receive proper filing. You can contest DUI charges despite how hard or rare they may seem. This may include issues with how the police who made the arrest handled the evidence.
Hence, you have to prove and defend yourself from the DUI case. And to do that, you must have a strategy in place. So stick around to get some tips.
What Is DUI?
DUI is the short form for Driving under the influence (DUI). It also goes by the name of driving while intoxicated (DWI). It refers to drivers who drive under the influence of alcohol or drugs.
One should remember that drugs do not have to be illegal. A DUI prosecution may follow if a person becomes intoxicated after taking a prescription or over-the-counter medicine.
Hence, the state’s laws on blood alcohol content (BAC) determine if a person gets charged with a DUI or DWI.
More so, State-by-state variations exist in DUI or DWI cases. For example, some states use different names to charge someone who has driven while intoxicated.
So ensure that you always follow the speed limits set by your state. And if there is already a case, you can get a DWI lawyer to guide you on what to do.
Strategies to Use for DUI Case
Defending yourself against a DUI case is not an easy task. So one should prepare themselves and plan for it. Hence, here are some strategies you can use to handle your DUI case.
1. Get a DWI Lawyer
You cannot defend yourself well in a DUI case. Therefore, you need a lawyer to represent you whether you settle out of court or in court.
Working with a lawyer with a good track record in DUI defense is crucial. This is due to the amount of information, and evidence checked in DUI hearings.
In a normal DUI case, the evidence is very specialized. So the tactics used by law enforcement to conduct DUI investigations are standard. Officers across the nation learn these laws and tests. But measuring alcohol and drugs is a major scientific process.
So each of these areas needs learning and training for any attorney who wants to offer a strong defense against a DUI charge. The National Highway and Traffic Safety Association (NHTSA) set out a complete course for carrying out these investigations.
A proficient DWI lawyer should also be familiar with the steps involved in blood collection and analysis. This will help them to argue these points in court.
A knowledgeable DUI practitioner must also study and know pharmacodynamics and pharmacokinetics.
Pharmacodynamics involves alcohol and drug use’s impact on the body. Also, the movement, assimilation, and removal of alcohol and other substances within the body are pharmacokinetics. But in law school, these topics are not covered.
Finally, the defense attorney must be well-versed in trial strategies particular to DUI cases to pursue the trial defenses. In addition, they must know metrology or the science of measurement. Again, this is because measurement supports the evidence.
2. Mitigate your Case to your Lawyer
If a driver seems to be under the influence of alcohol, the police can make a DUI. This implies that even if you were not drinking and driving yet failed a field sobriety test (FST), you could still get charged with DUI. Even if you were:
- Allergic or ill
- Worn out at the time of the DUI stop
- Injured in an accident before a DUI stop
Also, various medical issues make it hard to finish an FST. So you should tell your attorney about any problems that might have affected the outcome of your FST.
3. Cross-check your Case
Your lawyer will examine a wide range of DUI cases to find out all they need to know. Finding out all they can about your case is vital. This is because not every DUI stop and arrest follows the rules. Also, not every police department has the funding for body cameras.
So to find out if your rights got violated, they investigate every aspect of your arrest. They also review all the evidence. This includes witness accounts, police reports, and other documents.
Also, if there was an error in the DUI arrest, your lawyers can help you get your charges dropped or your sentence reduced. That can leverage negotiations and help you achieve your desired result.
4. Check for a Plea Bargain
Choosing your plea is a vital part of the DUI case judgment. Your choice of plea might have a big impact on the punishment you get.
Unfortunately, most people believe you can only enter a “Guilty” or “not guilty” plea. There are, however, other choices available to you.
You can enter a plea of “No Contest,” which indicates that you disagree with the state’s accusations. And you are only doing so to conclude the matter as soon as possible. Again, your lawyer can help you choose the best strategy for your specific situation.
5. Do not be too Fast to Accept a Plea.
Another error people make in their DUI cases when they don’t have a lawyer is to plead out too soon. Unfortunately, many people commit this error because they desire to resolve their matter as soon as possible.
But pleading too soon can be a novice error. But, again, this is because a team of attorneys who know the DUI law can help better.
Still, it takes more than theoretical understanding or legal education. It also needs practical courtroom experience. Too quickly pleading out entails accepting the first offer made. The prosecutor’s initial offer has potential for improvement. So a lawyer can help you negotiate the best possible outcome.
You can use many strategies to handle a DUI case. The best strategy depends on the facts and circumstances of each case. If charged with DUI, you should consult a DWI lawyer to discuss your options and determine the best course of action.
They will be able to navigate the system and get the best possible outcome for your case. So work with your lawyer to get the best results from your DUI case.