(ThyBlackMan.com) DUI arrests have been increasing at an alarming in the US. That doesn’t mean that people should be encouraged to drive under the influence. But when you take a closer look at some of the arrests made, you’ll discover that a number of people are being arrested for DUI even when they are not under influence.
Under normal circumstances, you should only be taken in if your blood alcohol content (BAC) is above the 0.08% limit.
Yet, in several cases, owing to machine and human errors, we hav
e seen hundreds of drivers taken to court for DUI even when their true blood alcohol levels were well below that mark. In other words, being arrested doesn’t always mean that you were guilty of the offense.
The good news is that anyone who gets arrested for DUI always gets a chance to defend themselves. And that’s where the services of an experienced defense lawyer can prove vital.
Do I need a lawyer for my DUI case?
If you’ve been arrested for DUI, the decision on whether or not to hire an attorney should depend on the following;
- Should you plead guilty?
For first time offenders, it’s usually advisable to simply plead guilty. This would make even more sense if there is a high chance that you would be convicted. For example, if your BAC is higher than 0.11 and the arresting officer has provided sufficient evidence that you were driving erratically, then pleading guilty would get you a softer punishment.
If you hire a DUI attorney to assist, the lawyer would first assess the whole case, try to find out if there is need for further testing of your BAC, and even check the state’s DUI penalties. With this, they can then offer advice or counsel that could affect the severity of the case. A DUI attorney would also be able to provide a better plea bargain leading to a softer penalty. For example, your case may be reduced from DUI to reckless driving.
- Sentence bargaining
In addition to plea bargaining, a DUI lawyer can also help with sentence bargaining. Sentence bargaining simply means that the defendant takes a guilty or no contest plea after all sides have agreed what sentence the prosecution will recommend.
For example, if this is your second DUI arrest and it’s almost certain that you were on the wrong, then it may be helpful to go ahead and plead guilty – but only after knowing what sentence the jury is awarding. Another good example is an aggravated DUI case where an injury or death occurred. Instead of just pleading guilty, it might be better to wait until you know the length of your sentence before making a plea.
An experienced DUI attorney will definitely know how to play the cards to ensure that you get the least possible penalty.
- Three situations when you definitely need a DUI lawyer
There are three situations when an experienced DUI attorney is very important. The first one is if you depend on your driver’s license for your livelihood. Commercial drivers, for example, should get a lawyer for any DUI case. Secondly, if your DUI case results in injury or death, getting a lawyer is a must. Otherwise you might end up behind bars for a very long time. And, lastly, you also need a lawyer if you have already been arrested for DUI in the past.
When selecting a DUI lawyer, consider candidates with vast experience, who have handled multiple similar cases. Also, it’s better to choose an attorney who comes from the local area who understands the state/local DUI laws.
Staff Writer; Mike Collins