Stuck with a DUI? Here’s All You Need to Know

by | Dec 14, 2019 | Education Feature

Driving Under the Influence or DUI can be a serious offense, depending on the severity of the circumstances surrounding your arrest, it can be considered a serious felony and land you serious jail time or cost you the suspension of your driver’s license.

There are certainly instances where you don’t need a lawyer to represent you but due to the passing of the drunk driving per se law in 50 states, it has become mandatory for certified Driving Under the Influence offenders to be charged with a felony offense.

Before the law was passed, rules around driving while intoxicated were quite slack. You had the ability to get around charges through pleading to a lesser case. At the end of the whole debacle, all you would have had to do was pay a fine and drive away hoping you don’t get flagged again.

The drunk driving per se law mandates that if you drive with Blood Alcohol Content higher than the legal limit, which is 0.08%, you would automatically be found guilty of a Driving Under the Influence charge.

In these instances, it matters not whether your alcohol tolerance is so high you don’t even break a sweat when downing those extra shots of tequila or if you swayed each time you tried to breathe. Your Blood Alcohol Content reading is enough to land you a conviction.

Truly, a key aspect in deciding whether or not you need a lawyer is: knowing if your Blood Alcohol Content is above the legal limit. Simply put, if your Blood Alcohol Content is over 0.08%, get on the phone and demand an attorney as soon as possible because it is nearly certain that you will get charged with a felony offense.

If you’re in Orange County and facing Driving Under the Influence charge, it is best to do your research and contact the best OC DUI lawyers you can find. There are a wide variety of attorneys to choose from that could help you plead down your case.

Suppose you’re featherweight and your Blood Alcohol Content is still somewhat on the legal limit, the prosecution still has a basis to charge you with a DUI charge if they are able to produce credible evidence showing that you exhibited suspicious behavior like erratic driving, you have a high chance of getting convicted as well.

However, if you are simply lucky enough for this to be your first offense, chances are low if you do get arrested on a Driving Under the Influence charge.

In the instance of a slightly shaky case for the prosecution, you could opt for a plea bargain where you plead guilty to the charges against you and plead for a lesser charge instead of going through the entire trial.

There are a few reasons that may cause your arrest to be cast into doubt such as being administered a questionable sobriety test, inaccurate Blood Alcohol Content results, low Blood Alcohol Content results such as in the case of being below the legal limit and non-standard procedures surrounding your arrest.

Although it is possible to facilitate some of the pleas without legal consultation, it is still best to contact an experienced Driving Under the Influence attorney because they are well-versed in negotiating with the prosecution.

Some states like California, are more likely to reduce your charges to something lighter like a Wet Reckless. A Wet Reckless charge is a nickname for reckless charging. It has no jail time and is lighter than a Driving Under the Influence offense.

If you were arrested under aggravating circumstances such as Driving Under the Influence with a minor in the vehicle, extremely high Blood Alcohol Content and causing injuries or death, your Driving Under the Influence charge could automatically turn into a felony regardless of the number of offenses you’ve had in the past.

Charges like these on top of other possible charges such as manslaughter if your Driving Under the Influence offense turns out to cause the death of another, you would need the assistance of an experienced Driving Under the Influence attorney. Hiring an experienced attorney would give you a better chance to lessen your charges or jail time than you would by yourself.

Now, if you’re still adamant about pleading for yourself, you should know that the process of going to trial is very extremely involved. The court proceeding s are complicated, confusing and the judges expect you to follow all of them.

Hiring an attorney to guide you through the legal process will save you frustration, mistakes and help you avoid getting into further trouble with the authorities which could ultimately throw your whole case into chaos.

You may not be entirely sure about getting an attorney, I get it. It sounds like a lot of trouble especially when your crime isn’t at all that serious. It can get expensive too, on top of the penalties you’d have to pay in court.

But remember this, hiring an attorney could mean the difference between a misdemeanor and a felony conviction.

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