A dui charge is serious and if you have been charged with a dui you need a lawyer to help you build a defense or fight to avoid a jail sentence. Here are some facts about what a police officer needs to see to pull you over and arrest you in the first place and what your rights are.
It is a lot harder to get a dui conviction expunged than it is to rack one up on your criminal record in the first place. If you are facing a dui charge the first thing you need to do is get legal representation in place. There are some things about a driving under the influence charge that are universal and there are some aspects that vary state by state but the one consistency that is true regardless of where you live- you can have your life forever altered by a dui conviction and it is easier to fight the charges than to try and undo a conviction.
A dui lawyer or a Gainesville criminal lawyer is your best bet to try and beat the charge but be prepared; the fight won’t be cheap, fast or easy. Your attorney will have to look at every aspect of your arrest to try and establish legal grounds for a case. If you were pulled over without probable cause for a stop for example your dui lawyer may be able to argue that the arrest was illegal. This is highly unlikely however with most police agencies well versed in dui arrests and convictions and most officers are trained and then trained annually in the legal requirements to make a stop on a suspected drunk driver and what to look for in order to do a field sobriety test and make an arrest.
In most states probable cause to pull over a suspected drunk driver can mean crossing the fog line a set amount of times or driving too fast or even to slow for the road conditions.
You can also be pulled over something like a broken tail light or not wearing your seat belt and once the police have pulled you over for a legitimate reason that they can articulate, and they see evidence of a crime- you appear intoxicated and are driving- they can proceed to legally investigate you.
And did you know that you can also be charged with a dui for sitting in your car with the keys in your ignition in some states even if you are not driving. The intent to drive the car is clear- your keys were in the ignition and you were behind the wheel of the car, these facts coupled with your blood alcohol level can garner an arrest and even a dui charge.
And a dui charge is just the beginning of your legal problems. A conviction can also mean your license will be suspended and the fees and cost associated with reinstating your driving privileges can run in the thousands of dollars. You will also face fines and high insurance rates to drive again for years to come.
If you don’t have any legal grounds to have a dui dismissed and you are looking at a conviction, a dui lawyer can still be a huge asset to you by working with the D.A to avoid jail time and putting you on house arrest or probation instead.