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How do I win when pleading not guilty to dui?
Question:
How do I win when pleading not guilty to dui?
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Get Informed - DUI/DWI Law Information
We've got a large library of DUI and DWI law articles, Q&A's and other resources. Start here to learn about DUI laws, arrests, defense, penalties and more.
DUI Basics
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Your DUI and the DMV
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
DUI Arrests, Police Reports, Arraignments, and Fees
After you're arrested, booked and released, you'll need to get ready for your arraignment.
After you're arrested, booked and released, you'll need to get ready for your arraignment.
DUI/DWI Charges and Penalties
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
Fighting a DUI
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
Getting Help with a DUI/DWI Charge
There are some things you can do yourself and some which require the help of an attorney.
There are some things you can do yourself and some which require the help of an attorney.
If you find yourself facing a DUI charge you will also have to face the consequences like extended loss of your licence, extremely high court costs and ongoing testing as well as rehabilitation classes and therapy costs, and possibly time in jail. If you find yourself facing this charge, you should seriously consider pleading not guilty to DUI. It is usually the case that you will pay less by fighting the charge than you would if you plead not guilty and pay the expenses of conviction.
The first thing you should do if you plan to fight the case, is to hire an attorney. Do some research and verify his experience in and out of court. The first thing he might be able to do to help you is get a plea bargain. These are guaranteed, especially when dealing with a DUI, but your lawyer still might be able to obtain one.
The second thing you must do is allow the lawyer to call the shots. Though you are the one facing having your license suspended and paying fines and/or spending time in jail, he has the experience and expertise when it comes to DUI court. Keep aware of what is going on, but allow him the room to prepare your defense.
Next, don't hold anything back; be completely truthful with your lawyer. This is extremely important. If, for example, you keep hidden the fact that you have other charges against you, this could seriously impede his ability to adequately defend you. If you were really drinking to excess, tell your lawyer this. If you mouthed-off to the police officer, don't hold this back from your lawyer. Explain to him in detail everything that happened.
Quite often, when it comes to DUI defense cases, the validity of the breath and blood tests will come into question. It is also common practice to question how the office acted at the time of the arrest. Once again, leave this to your lawyer to manage.
There are additional items that could help lessen the penalties you receive or possibly have your case dismissed. A strong defense will try to cast doubt on the charges against you. There is the possibility that the officer may have made a mistake when he performed the breathalyzer test on you; he may have inappropriately treated you during the arrest; he may have even neglected to read you your rights. All of these defense positions could aid in lessening the penalties you receive. Remember you may be making the difference between weeks in jail, or avoiding jail completely; it could mean the difference between hundreds you will have to pay in fines versus no fine at all; or having your license suspended or you being able to retain your right to drive.
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