Potential Defenses in an Orange County DUI Case
If you are being charged with DUI, bear in mind that it is yet not the end of the
world for there are several ways in order for you to escape from the negative consequences
of such case that is being filed against you. Penalties can be avoided; your record
will remain untainted and the most important is the possibility of keeping your
license.
In a DUI case many things are possible to happen and these would greatly depend
on how strong your defenses are. DUI attorneys are there to help those accused to
set up very strong and credible defenses. They are trained to do it. You can contact
the nearest DUI lawyer in your place or others who are also experts in the same
field.
Different states have different DUI laws. For that reason, defenses would also differ
and depend on what state you are from. The Dui attorney, after determination of
all the facts, will then determine the best defenses for the case given. And these
defenses may be based on a multitude of theories depending on what the DUI lawyer
would find out. These may include the discrepancy in procedure on the part of the
arresting or investigating officer which occurred either during the investigation
or administration of the chemical test.
The DUI lawyer may question the manner in which the blood alcohol test was conducted
if it is evident that the said test was not properly conducted. This considered
as one of the best defenses because the result of an improper blood alcohol test
cannot be made to be admissible in court.
As provided under the landmark case of Miranda v. Arizona as decided by the United
State Supreme Court, the apprehending police officer must read the Miranda rights
before doing the apprehension. Failure to do so is another defense which could be
used in court.
Aside from those mentioned drunk-driving cases rest mainly on the testimony of the
arresting officer. If the testimony of the police officer becomes inconsistent for
various reasons such inaccuracy can be used as a defense.
A DUI attorney after examining the case can suggest other strategies in dealing
with the case and one of which is to enter into a plea bargaining. In such set up
the defendant will plead guilty to a lesser offense for him to get a lesser penalty
from that of the original case filed against him.
Here are a few things to consider when entering into plea bargaining:
- The degree of the DUI charge
- The strength of the evidences presented
- Previous DUI record/conviction
- The chances of winning the case
- Penalties for conviction
As statistics have shown, there are not many plea bargaining handed out in DUI cases.
But there are DUI lawyers again who know the ins and outs of the law and are willing
to help you evaluate your case and provide better options. Call one now as more
often, the evaluation stage is offered by these lawyers free of charge.