How to Beat a Drunk Driving Charge
If you get arrested for drunk driving, the most important thing you can do is learn as much as you can about the legal process surrounding DUI.
Last but not least, having a firm grip on what to expect can lower your anxiety.
Traffic controls and DUI arrests
The vast majority of DUI fees are initiated through a traffic stop. Perhaps you skidded across the line or rode erratically.
There are also sobriety checkpoints, especially during the holidays. Once the officer has you in his or her point of view, it is up to him or her to decide whether you are under influence, at which point you can be exposed Field sobriety tests, such as:
- To stand on one leg
- Walking and turning that measures balance, direction finding and counting
- Finger to nose
- An eye test called nystagmus
If you fail these tests, you may need to do an alcohol test or even a blood test.
Withdrawal of driver's license after chemical test
Chemical tests can include breath, urine, or blood tests. This is the responsibility of the officer at the time of your arrest.
In most cases, the police officer will do a simple alcohol test as the results will appear immediately.
In comparison, there is a delay in using blood and urine samples as the sample is sent to a laboratory for testing. If the test finds your blood alcohol level is 0.08% or more, you will be charged with drunk driving.
Tacit consent
Tacit consent means your driver's license will be automatically blocked if you decline a field or chemical test. You can request a DMV hearing to contest your license revocation.
This is an administrative procedure that has nothing to do with your criminal hearing, but it can restore your eligibility to drive while you wait for your court date.
Criminal trial
The most important step you will take to defend yourself is hiring an experienced one DUI attorney in Tampa.
If you are charged, the prosecutor will propose a conviction and the judge will read your charges out loud. You will then be asked how you intend to plead and then the pre-trial motion will begin.
This is important in DUI cases as your attorney will file a motion at this point to prevent some evidence from being used in the trial.
Winning strategy
Your attorney may dispute the results of blood tests that are not done properly or other evidence that does not meet strict criteria.
Some evidence can be eliminated entirely. Unification negotiations are also possible, and settlements are sometimes reached without ever going to court. You are more likely to get a plea deal if it's your first offense.
It is also extremely important that you do not speak to anyone about your arrest. Sometimes arrested people are stressed out and want to reassure everyone around them, so they make public statements that inadvertently appear as admissions of guilt.
Unfortunately, such statements can be used against you. Do not talk about the incident and avoid social media at all costs.
There is no reason to lose hope if you have been arrested for drunk driving. A DUI attorney will assist you in keeping you out of jail, recovering your driving license, and keeping your public reputation as low as possible.
About the author:
Anne Kamwila is a freelance content writer and digital marketer. She is passionate about health, technology, and business-related guides, news, and books.
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