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If you have been charged with and arrested for DUI (driving under the influence), your blood alcohol concentration (BAC) exceeded .08% (depending on which state you live) within two hours of operating or attempting to operate a vehicle. Or, you were found to be intoxicated with drugs or a combination of alcohol and drugs to the point where you were rendered incapable of safely operating the vehicle. DUI charges are becoming harsher in this country every day. Citizens and law enforcement officials have very little tolerance for drunk drivers and repeat offenders. Defending the charges of a DUI arrest is a complicated and difficult legal matter. You should contact an aggressive defense attorney immediately. A DUI charge requires the same procedures as any other criminal charge. The burden of proof lies with the prosecutor. However, due to the increasing intolerance of DUI behavior, it is becoming much more difficult to mount an effective DUI defense case. The penalties for a DUI conviction are also much higher than they have ever been. In many cases, your attorney will attempt to defend you by questioning any of these circumstances:
• Contesting the constitutionality of the stop when you were pulled over
• Searches and seizures
• Challenging the precision and proficiency of the field sobriety test
• Challenging the training and experience of the individuals performing the chemical tests
• Challenging test resultsv • Challenging the credibility and reliability of the witnesses The Criminal Proceedings The trial and defense of your charges are resolved in either the municipal or district court where the case is charged. The determinations from the trial will dictate your fines, jail time, community service and license suspension or revocation. The length of time in which your license will be suspended depends on several factors:
• Your failure of the chemical test
• Your refusal to be administered the chemical test
• Whether or not you have been given or failed a test prior to this one
• What your age is (over or under 21) The range of your suspension can be from thirty days to permanently. If you request an administrative hearing soon enough, your license cannot be suspended until a verdict has been reached. If your hearing was successful in your favor, or if the officer who arrested you fails to appear without requesting a continuance, you may be able to keep your license. You must request this hearing in writing within ten days of receiving your DUI charge. Otherwise, your privileges will automatically be suspended. Regardless of your administrative hearing's outcome, the Department oif Motor vehicles may still suspend your driving privileges if you are convicted at the court level. In DUI criminal defense cases, your attorney can raise reasonable doubt concerning even one factor of the prosecutor's case. The result could lead to all charges against you being dropped. Conversely, if the prosecuting case against you is a strong one, you may face many fines and charges before your trial is over. In any case, you need a qualified and experienced defense attorney in your corner. For more information about challenging your DUI arrest, please visit the website of Hardesty, Tyde, Green and Ashton, P.A..
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