Facing DUI/DWI charges can be an overwhelming experience, but understanding how to contest these allegations is essential in the outcome of your case.
In this blog post, we’re here to provide practical tips for those seeking to defend against DUI/DWI accusations. Remember, having an experienced attorney by your side is pivotal in navigating these intricacies.
1. Seek Legal Counsel Immediately
Upon being charged with a DUI/DWI, seek legal advice promptly. An experienced attorney specializing in DUI defense can guide you through the legal process, explain your rights, and strategize a defense that is specifically tailored to your case.
2. Understand Your Rights and the Charges
Educate yourself about the specific charges you’re facing and know your rights. An officer is likely to read your Miranda rights to you when you are arrested, but your headspace can be a bit frazzled at that point. It’s best to know beforehand what your rights are and what steps you can take next.
DUI laws vary by state, but charges typically involve operating a vehicle under the influence of alcohol or drugs. In some cases, DUI’s and DWI’s are treated in the same way, in others they have separate intricacies. Understanding the specifics of the charges against you is essential for building a strong defense.
3. Evaluate the Arrest Circumstances
Review the circumstances surrounding your arrest. Were proper procedures followed during the stop and arrest? Any procedural errors or violations of your rights during the stop, field sobriety tests, or breathalyzer tests could be grounds for challenging the charges.
4. Assess the Evidence
Evaluate any and all of the evidence against you. This may include police reports, breathalyzer results, blood alcohol concentration (BAC) tests, or even video footage. An attorney can closely analyze this evidence to identify any discrepancies or issues that can be challenged in court.
5. Challenge Field Sobriety Tests
Field sobriety tests are subjective and can be challenged. Factors such as medical conditions, uneven terrain, or nervousness can impact test performance. Questioning the accuracy and reliability of these tests can be part of your defense strategy.
6. Examine Breathalyzer Accuracy
Breathalyzer tests aren’t foolproof. Factors like calibration issues, improper administration, or external factors (like certain diets or medical conditions) can affect their accuracy. Your attorney can investigate these factors to challenge the test results and aid in your defense strategy.
7. Explore Plea Bargaining or Alternative Sentencing
In some cases, plea bargaining or alternative sentencing options may be available. Your attorney can negotiate with prosecutors for reduced charges, diversion programs, or alternative sentencing that could mitigate the consequences of a DUI/DWI conviction.
8. Appear for Court Hearings
Attend all court hearings and follow legal requirements. Failing to appear or comply with court orders can worsen the situation. In fact, many legal professionals rely on the defendant not showing up to court, so just by appearing for your hearing you are in a better position than many others. Your commitment to the legal process demonstrates responsibility, which can be beneficial for your case.
Seek Professional Guidance
Facing DUI/DWI charges requires a strategic and well-informed approach, especially if you are in a position to challenge the charges. Working with an experienced DUI attorney is essential. Our team at Shoemaker Law in St. Augustine is here to offer support, guidance, and a tailored defense strategy for your case.
If you’re facing DUI/DWI charges, don’t navigate the legal system alone. Contact us at 904-872-SHOE for a confidential consultation. We’re dedicated to helping you understand your options and protecting your rights throughout this challenging process.
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