Benefits Of A DUI Lawyer
A DUI case is a serious offense whether you are in the USA or any other state. In addition to being at the risk of servicing a jail term, you also risk losing your driving license and having criminal records. The records are harmful when looking for a job or running for a public office. When you are facing DUI/DWI cases the first thing that you should do is find a DUI lawyer. If you are wondering how the lawyer will help you, here is how:
The advice you on what to say in court
The way you present yourself in court greatly determines how the judge rules your case. If it’s your first time to be in court the lawyer will guide you on how to conduct yourself. The professional will also guide you on what to say and how to say it. The advice that you get not only gives you the confidence to face the charges before you, it also increases your chances of winning the case.
Help you navigate the legal system
If you have never been charged before it can be overwhelming to navigate the legal system. The process is even more confusing if you need files to defend your case. For example, if the arresting officer mistreated you, you have to fill some files in order to request the police dashcam footage that will help you have an upper hand in the case. If you don’t know where the files are located you will be late to make your request thus be unable to present your evidence.
A defense lawyer has been in the system for a long time; therefore, he/she understands all the ins and outs of the system. The knowledge helps him/her make the necessary filing at the right time thus saving you time and ensuring that you are always on top of things.
Help you identify fault lines in the case
For you to be arrested and charged with DUI you must have failed alcohol tests or breath tests. It’s not uncommon for traffic police to make mistakes when doing the tests. If there were minor mistakes such as the failure of the arresting officer to take some tests, the lawyer will identify this and use it to your advantage.
These are some of the ways in which a lawyer can help you in your DUI case. When hiring a criminal defense lawyer ensure that he/she is experienced enough. Also, ensure that he/she has a great personality that makes him/her easy to work with.
Debunking Sobriety Testing And Implied Consent Law
Unless you have caused death or accident, a police officer in the USA can’t compel you to undertake a sobriety test. This means that you can refuse to undertake the test.
You should note that even if you have refused to undertake the test your license will be suspended. In addition to this, the law can be modified so that you have to participate in the ignition interlock program.
This is a program where you have to install a device in your car. The device checks your alcohol levels before you start the car. Before you drive you should blow into it failure to which it sends a signal to the relevant authorities.
The reason why your license is suspended in spite of refusing to take the test is due to the implied consent law.
What is implied consent law?
This is a law that many USA drivers don’t understand. The law says that once you have signed your driver’s license you have automatically given police permission to test your blood for the presence of alcohol and drugs. For the office to subject you to the test he/she must have probable cause.
According to the law, if you refuse to take a sobriety test you will be charged with the violation of implied consent.
Recognized sobriety tests
There are three recognized sobriety tests in the USA: walk and turn test, Horizontal Gaze Nystagmus test, and leg stand test. The police officer can use one or all these tests to determine your intoxication levels.
What to do when you refuse to take the tests
If you have refused to take the test and you feel that you need to challenge the decision of suspending your license, you should speak to a DUI attorney. The lawyer will come with an argument that will help you in getting out of the suspension or lightening the suspension.
You should highly consider hiring a lawyer if you have a medical condition such as a broken leg or have undergone surgery. The existence of a medical condition that might interfere with the results of the test will give your defense lawyer an argument which can see you walking free.
Remember that failure to taking a sobriety test can have a negative impact on your criminal records. You shouldn’t accept the suspension and go on—regardless of the situation that led to your refusal to take the sobriety test you should hire a DUI lawyer USA to protect you.