Getting Blood Tests Usually Results in Lesser Sentences For DUI
For many people, driving a vehicle is such an integral part of their lives that they cannot even contemplate what life would be without a license. However, for those who take a risk and drive after they have been drinking, or taking drugs, it is inevitable that they will eventually be caught. When this happens, they will certainly need the help of a DUI lawyer, for example, to get them through what is coming next.
In some states it is implied that if a person is in a vehicle, with the keys, he has given consent to be asked for all kinds of blood or urine samples. This is called implied consent and this is how the police can stop people and ask them to take tests. However, this does not mean that they have to undertake the tests there at the roadside. Rather, they can ask to have this done at the station instead. Once there, if they refuse to have the tests done, some states will take away the license anyway and the first offence could be one year. Following cases will increase this ban but, if the person takes the test and is found to be over the limit, the sentencing is usually much lighter. This is to encourage people to own up to what they are doing instead of being difficult. For example, the first time offender will usually get ninety days suspension as opposed to the one year if he refused to take the test.
People who are under twenty one years old will usually have a much tighter control on them and a smaller amount of alcohol or drugs in the system is tolerated. People who are younger should not partake of these substances anyway so they know that they are in the wrong before they get in a car. This then is reflected in stiffer penalties for those who know that they are doing wrong and do it anyway.
What the expert does is to try to persuade the court to be lenient on first time offenders in particular. He may well look for things that went wrong with the arrest, or he may know of some extenuating circumstances which forced the person into driving when he knows that he should not have.
A good example of this would be say, a child is choking and turning blue and the emergency services are too far away to be of any help. What adult would not put the child in the car and rush it to the nearest medical facility? Alcohol or no alcohol, a person would definitely do a good deed instead of watching a child suffer. Although this is rather extreme, it could allow the judge to bestow something lighter on the driver even though he knows that he was in the wrong. This is very rare, of course, but it takes the expert to couch this happening in such terms that the judge may consider it a good and reasonable excuse.
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