Understanding the DUI Charges You Face
Even though the crime of driving while under the influence of alcohol is something that happens frequently, there are still many misconceptions about it. Consulting with a DUI lawyer is your best course of action if you find yourself in this situation. We will try to provide you with some basic information, but a DUI lawyer will be more experienced with knowledge that is specific to the area. If you are in another area of the company, you should find a qualified local attorney to help you gain a full understanding of what happens during a DUI stop.
Being arrested for suspicion of a DUI charge is not fun. However, regardless of your guilt or innocence it is in your best interest to fight the charge. It could have a dramatic influence over your future, so if you can fight it, you should. The best way to be prepared for a more positive outcome is to know how the process works.
The whole process starts with a traffic stop. An officer does not have the right to pull you over unless they have “probably cause” that you are impaired. That means they cannot just pull over everyone who comes out of the parking lot for the local bar. They have to see a traffic infraction of some kind or they have to see erratic driving before they are legally allowed to stop you.
As with any kind of a traffic stop, the first thing that will happen is that you will be asked for your license and registration. If the officer sees signs of intoxication or smells any kind of alcohol on your breath, they will ask you if you have been drinking. It is important for you to know here that anything that you say “can and will be used against you in a court of law”. Some attorney’s will advise you to politely decline to answer these types of questions without first talking to an attorney.
You may be asked to exit the car and perform a series of physical tests. This will depend upon how you answer the questions and the opinion of the officer about your current state of intoxication. Keep in mind that in most states, you are not required to submit to these tests. However, if you do not plan to complete the test, it is important that you be polite. The police officer may hold your future in his or her hands and it is a very bad idea to be rude and to make them mad. At that point, if the officer still suspects that you were driving while under the influence of alcohol, they may ask you to take a blood alcohol test. Under the “implied consent” law, most jurisdictions will expect you to take this test. The results of the test will likely determine whether or not you are placed under arrest. A first time offense will likely be prosecuted as a misdemeanor, however there could be extenuating circumstances that cause an increase in the charges.
Ellie Lewis learned quite a bit about the merits of hiring a great attorney when she spent a day with a well-respected Clermont County DUI attorney helping to make their practices more efficient. She hired a Mason DUI attorney to represent her brother.
For more information about DUI attorneys go to
http://www.jarnoldlaw.com/ .
Author Bio: Ellie Lewis learned quite a bit about the merits of hiring a great attorney when she spent a day with a well-respected Clermont County DUI attorney helping to make their practices more efficient. She hired a Mason DUI attorney to represent her brother.
Category: Legal
Keywords: Clermont County DUI lawyer,Mason DUI lawyer