The possible implications of a DUI charge can be far-reaching, even for first-time offenders. These implications are both social and legal in nature and can affect the everyday lives of those who have been convicted of this crime. That is why, if you are facing a DUI charge, it is important that you are well-prepared to deal with what’s going to happen next so you can obtain the most favorable result of the case for you.
Collect all relevant documents that may serve as concrete evidence to back your case. Examples of these are those documents handed to you by the police officer at the time of your release. You could study these documents for irregularities and discrepancies that may weaken the state’s case against you. You should also keep credit card documents, cell phone records, restaurant receipts, and the like because they can become useful in proving inconsistencies in the blood-alcohol-level tests. Your driving record at the DMV is also necessary for your DUI attorney to be able to study your history.
Write Down Everything
Write down everything you remember about the arrest. Unlike the police, ordinary citizens were not trained to take note of all the details of everything that occurred before, during, and immediately after the arrest. If you have been charged with a DUI take the time to write down everything you can remember, including everything that friends, family, and another witness can remember about the incident. Some details may seem unimportant, but lawyers and police officers know that these little details may very well be the basis for your guilt or innocence. Therefore, if you don’t want to forget anything months into the trial, it is best to put them down to writing now.
Apply For A Hearing
Ask for a hearing. It depends on the state, but for example, Colorado is one of those states that impose the administrative suspension of the driver’s license when charged with DUI. There are different rules for filing for the hearing before the DMV and these rules are based upon the blood-alcohol-content test that you undertook. If you had a breathalyzer test and were issued an Affidavit and Notice of Revocation, you have seven days to file a written request for a hearing. If you took the blood test, the DMV might lengthen the period it takes for you to make an offer. The request must be filed in clear and concrete writing and must be submitted to the Department of Revenue.
Request to have the arresting officer and the investigating officer invited to the hearing. It is only with their presence before a neutral body of administrators that the arresting officer and the investigating officer may be objectively cross-examined and questioned. If the DMV subpoenas them, but they do not show up to the hearing, there is a good chance that your DUI charges will be dropped.
Hire A DUI Attorney
It cannot be emphasized enough that what you need the most is good DUI lawyers in oc . The moment you are taken into custody by the police, you will need the assistance of a lawyer who can speak for you when investigating officers try to talk you into talking. A good DUI lawyer also knows how to negotiate with the state prosecutor to have the charges against you dismissed or to bargain for a lesser offense and, thus, lighter penalties.
Learn the basics of DUI Law
No one can argue the indispensability of a brilliant lawyer who can aptly represent you in court, but all you can rely on is yourself. You should educate yourself about the DUI laws in your state so that you do not waste time making your attorney explaining every little thing to you. A good client is someone who is empowered to make his decisions regarding the direction of the case because he is acutely aware of the consequences of any action that he is going to take.
Do Not Rely 100% On Field Sobriety Tests
During the arrest, the police officer may ask you to perform some roadside physical tests supposedly to check your level of impairment due to alcohol intoxication. However, field sobriety tests are not very reliable, especially because they rely primarily on the judgment of the arresting officer. And since the police officer only needs to have probable cause to believe that you are intoxicated, even a perfectly reasonable performance of the tests can be portrayed to show that you were impaired.
Under the law, you have every right to refuse to undergo testing. However, statutes command the suspension of any driver’s license if he refuses to take tests to determine his blood-alcohol-content during a DUI arrest. If you absolutely must undergo a test, then it should be the blood sample test, which is the most accurate of all tests. Unfortunately, not all officers will inform you that, since blood sampling is very expensive compared to a second breathalyzer test or a no-charges field sobriety test. Having your blood tested for accurate alcohol content is a right that you should fight for.