D.U.I. stands for Driving Under the Influence, it is defined as the act of operating a motor vehicle or any means of transportation after consuming alcohol beverages or other intoxicating substance that could alter a driver’s mind and ability to drive.
Drunken driving statistics show, DUI has become an upsetting crime nowadays because of the fact that it has extremely increased to an alarming number of cases. You don’t want that to happen to you, otherwise you will suffer the consequences that will utterly affect your life, your employment status, and most especially your freedom.
After you have been convicted, you have to do your part and do what your lawyer ask or tell you so that you will not have DUI on your record. You should have known that DUI record is not just a simple problem you could encounter.
Accidents and fatality cases attributed to DUI reveal how gruesome this crime has become. It leads people’s curiosity when is a DUI a felony? Felony refers to any criminal offense punishable by imprisonment or even death.
When is a DUI a Felony?
DUI is considered a felony when it causes accidents such as severe injuries, fatalities, and extreme damage of properties. If you drive under the influence, it can expand to a serious crime and can possibly charge you of committing felony. In some states, the seriousness of the issue is taken into consideration to charge the DUI offense as a felony. In some cases the numbers of convictions are taken into consideration to determine if it is a felony. For some states, second conviction for DUI in a stipulated time period is considered to be a felony. On the other hand, some states consider fourth conviction as a felony.
Can my lawyer negotiate plea bargain in DUI cases?
It is important that you must understand whether your lawyer can get you a plea or not. If he could, then you must be lucky because this might take away the DUI case off your record.
However, due to recent law implementation, state lawyers may refuse to negotiate plea bargains in DUI cases especially if the evidence of your DUI offense is strong and resilient. In fact, most of the state laws prohibit attorneys from entering into plea bargains with DUI defendants. But in rare cases, a DUI charge may be reduced to a minor offense such as reckless driving.
Have Your DUI Lawyer Through-out Due Process
It is your DUI lawyer who should be the first person to come in mind once arrested by authorities. Even if it is just a simple DUI arrest, you will need the service of a lawyer so critically. Having a lawyer is indispensable to ensure that you will be taken cared of suitably in the whole process of investigation court trial.
When many people are arrested for driving under the influence, one of the first things they want to know is how to get out of a DUI. There’s no easy answer to that question because DUI is a criminal offense. If you’re arrested and charged with DUI, you’re going to have to go through a criminal trial and even administrative hearings about your driving privileges if you’re not able to make a plea bargain. Trying to handle all of these proceedings on your own is probably the quickest way to lose your criminal case and your driving privileges at the same time. If you choose to work with an attorney who does not specialize in DUI, you are risking your reputation and your freedom, since being convicted can result in a jail sentence in many states. Working with a specialist attorney who knows DUI inside and out is the best way to successfully defend yourself against a DUI charge.
How to Get Out of a DUI – Preparing for Your Case
Many people are thinking about how to get out of a DUI right from the beginning of their cases. If you want to get out of a DUI, you may consider talking with your attorney and finding out if a plea agreement is available. In some states, you may be able to plead guilty to lesser charges and be sentenced to lesser penalties. If you’re not able to make a plea agreement, your case will proceed to trial and you’ll face the full range of criminal penalties if you are convicted of DUI charges.
How to Get Out of a DUI – Your Criminal Trial
If you do not make a plea agreement, your criminal trial will be scheduled. The best way to get out of a DUI at this stage of the process is to work with a qualified DUI lawyer. When you have a DUI lawyer on your side, you have access to expert witnesses and specific information that can be a great help during your trial. Expert witnesses can be used to refute testimony or show that chemical test results were invalid or unreliable. Your attorney will have access to many of these witnesses due to their extensive experience in the field of DUI law. Your attorney will also know where to look for information that could be helpful to you during your trial. If you were working with a public defender or an attorney who does not specialize in DUI defense, you’d lose out on these benefits.
How to Get Out of a DUI – Administrative Hearings
You’ll most likely need to attend administrative hearings held to determine the status of your driving privileges after you have been arrested for a driving under the influence charge. Driving is something most people take for granted, but each state considers it a privilege and not an absolute right. Some states allow you to appeal a license suspension so that you can continue to drive up until your criminal trial takes place. If this is the case, your attorney can work with you to prepare for the appeal hearing. Your attorney can also speak on your behalf during this hearing so that you have a better chance of getting your driving privileges reinstated. Your lawyer will know what to say and how to handle your case because of the experience they have in the field of DUI law.
How to Get Out of a DUI – Sentencing
If you are convicted of driving under the influence, there is no way to get out of the DUI itself, but there is a way that you can minimize the penalties that are imposed upon you. Your attorney can speak on your behalf before sentencing takes place so that the judge can hear and consider all of the circumstances in your case. For example, your attorney may let the judge know that you have a disability or that you are responsible for caring for an elderly parent. If your lawyer can show that your incarceration would create a hardship for others, the judge may be lenient and sentence you to other penalties such as alcohol education or probation instead of jail time.
Any motorist charged for driving under the influence will probably have a critical choice. This is if one should have a trial or take a plea bargain. Accepting a plea bargain is often a pretty great option if a prosecutor has a powerful case which could make the odds of succeeding in your case dubious. A plea bargain will mean a No Contest or Guilty plea on a reduced charge or penalty or even to your initial charge now with less serious repercussions. The district attorney could possibly be able to scale back the DUI or DWI charge from being a felony to a misdemeanor, and that’s often of great benefit for the driver.
An additional way to go is to enter a Guilty plea on a lesser charge that comes with a lesser amount of implications. A good number of state governments make it possible for a DUI charge to be lessened to one of alcohol-related recklessness. Regardless, if a motorist is busted for a DUI / DWI for a second time in the specific amount of time, the initial charge is going to count as a previous charge, plus the driver will cope with the outcomes connected with a second DUI they are guilty. The insurance coverage costs might also spike as if for driving under the influence.
Drivers are at times in the position to plead guilty to reckless driving unrelated to alcohol consumption, and this usually requires just a fine and probation. Better still is a deal to plead guilty to “exhibition of speed”. This particular charge is ordinarily an option in the event the case is just not that strong. Such an offer would not be perceived as a past offense, and would simply lead to a monetary penalty.
Typically the very best bargain of all comes about when drunk driving charges are cut down to just traffic violations. The offender pleads guilty to an offense such as speeding or doing a dangerous lane change, and the DUI charge is was thrown off. The offender only need end up paying fines, and may even have the ability to participate in traffic schooling to clear the violation from your track record. There is no prerequisite pertaining to alcohol guidance programs, and the individual can remain without a criminal background.
A plea bargain could very well be available in your case, and can give a fantastic result in the DUI case. You may want to make the effort to search for a practiced criminal defense lawyer for support, since an attorney will recognize whether and how you can go forward with a plea deal, or to resolve the case in court.
Firstly see if the police have a probable cause to stop you in your car. If you violate any of the traffic laws then the police have the right to stop you. If you make an accident or drive with high speed or break any other rules then the police can easily stop you. But if it can be proved by your Drunk Driving Attorney that there was no valid reason to stop your car, then you can easily win the case without delay.
If you have a well skilled Drunk Driving attorney, then he will firstly try to file a motion to suppress your DUI case. These motions are one of the main tools to defend a DUI case. Winning this motion means you win the DUI case itself. Sometimes the police officers do not put in adequate information in their reports. so you will not be able to know if the tests were performed correctly or not. In such a case your lawyer can file a motion.
The lawyers can also cross check the officer at court. A good DUI lawyer has knowledge about all the loops. He can put up such questions that can easily bring the case to his favor. At times you can also accept a plea bargain. This will reduce the charges and decrease the sentences. Your lawyer can give you the advice on whether you should go to court or directly plea bargain.
You can also challenge the different tests. Some states allow you to get the tests done by your own physician. If you are denied of this right then you can fight your DUI charge. Your DUI lawyer can also put up questions regarding the maintenance and functionality of the equipment’s. Your lawyer will then have enough evidence on your favor.
The police should inform you about your Miranda rights of remaining silent as whatever you say can be used against you. If the police do not warn you about your Miranda rights when you got arrested, then your lawyer will be able to help you out in suppressing all the evidences which were gathered on violation of this right. Sometimes the police also present biased reports. If your lawyer can prove that the officer was not unbiased in preparing his report then he can use this point to win over the case itself.
The last thing that your lawyer can use in favor of you is you as a person. He has to present you as a respected, decent, sober, well- behaved and likeable human being. He will advise you on dressing and the ways to present yourself at court. Is not such a powerful tool but will surely help you in some way. So ultimately it depends on you and your Drunk Driving Attorney as to how you will present the case to win it.
DUI Lawyer Free Consultation
8833 S. Redwood Road, Suite C
itemprop=”addressLocality”>West Jordan, Utah
84088 United States
Telephone: (801) 676-5506