Anyone who has ever been taken to a detention center under suspicion of driving under the influence (DUI), or driving while intoxicated (DWI), ends up reflecting upon what the next move should be. There are multiple facts to consider and decisions to make. Making up one’s mind after a DUI arrest is not easy, particularly under the stressful conditions of a detention center. The first step should always be to reach out to a loved one, a relative, an associate, or a good friend. The next step should be to contact an attorney whose practice is focused on DUI defense.
If you are faced with a DUI offense it can be an extremely delicate situation. Getting arrested is bad enough, but the potentially negative repercussions and ramifications of a DUI conviction could turn anyone’s life upside down. Over the last few decades, the DUI enforcement and judicial processes have been transformed into a complex arena that reverberates into several facets of society. Poorly defended DUI cases can result in loss of freedom, economic hardship, deprivation of opportunities, and even societal displacement.
Typical DUI Issues
Any number of issues can arise as soon as a driver makes contact with a law enforcement officer. There are two different perspectives at play during a routine stop. None of the two parties should feel obligated to become defensive, and yet this is something that usually happens. Presumption of innocence is usually on the driver’s mind, while reasonable suspicion is on the officer’s. When this conflicting thought processes clash during a DUI stop, an arrest is often the ensuing action. There is a fundamental reason why this happens: the wide range of resources and control that can be utilized by law enforcement personnel are in place for the purpose of overpowering drivers.
While law enforcement personnel have authority and resources, drivers have rights and guarantees in place to protect them from injury, injustice and abuse. These rights are often transgressed against, even during routine traffic stops. On a DUI stop, the senses and emotions of law enforcement officers are heightened, something which could lead them to overstep their authority.
Mitigating Damages
For many DUI defendants, judicial proceedings are their first glimpse into the courtroom politics and legal wrangling which take place on a daily basis in county courthouses around the country. Prosecutors are essentially free to ply their trade indiscriminately -just like law enforcement personnel out in the field- unless a defense attorney is to represent the defendant. Being left at the mercy of the court is not an ideal situation for a DUI defendant.
The worst position a DUI defendant can assume is one of frustration or defeat. Even if prima facie (first sight) evidence indicates that conviction is a likely outcome, the counsel of an experienced DUI attorney can go a long way in ensuring that a defendant’s rights to fair trial aren’t trampled and that the situation does not wind up with a catastrophic result which could have been avoided.
Judges may be wise but they aren’t required to be Solomonic in their decisions. If a prosecutor recommends that the full weight of the law fall upon a DUI defendant, a judge may be procedurally bound to accept, unless an attorney can effectively argue against it. With proper legal counsel, a DUI defendant may be able to avoid incarceration and even regain driving privileges sooner than the suspension period recommended by the prosecution.
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