Sunday, September 26, 2010

Avoiding a DUI Charge

Ever been pulled over on a DUI charge? Yes this happens but you can beat the system with the help of a criminal defense lawyer.

Driving under the influence or DUI requires fast action on your part so that your license will not be suspended. The first thing you have to do of course is hire a lawyer so you can immediately be released from jail.

In some cases, this does not happen because you are released on your own recognizance. However, some will require you to post bail which your lawyer can take care of.

Once released, it is now time to address this issue. In some states, a DUI charge generates 2 separate cases. The first is filed with the Department of Motor Vehicles while the other is a criminal court case. When faced with this problem, you have to face these charges within ten days from the date of the arrest.

Just like any other criminal case, this begins with your arraignment. You will be asked to enter a plea of guilty or not guilty.

A DUI is a mistake that can plague you for life & make your future miserable . From super high insurance rates to trouble passing a simple employment background check, those three letters will mark you as sure as if you had them written in red ink on your forehead. Figuring out how to beat a DUI is imperative if you are to get on with your life. Luckily, there are things you can do to completely erase or seriously minimize the damage a DUI does to your driving AND criminal records.

When a charged person contacts a legal representative chances are they know very little about what happens next. Unless they have been charged before, they are typically unaware of the details which must be attended to following the arrest.

Chances are, your criminal defense lawyer will tell you to plead not guilty to these charges. This will give him or her time to review the facts of the case so your defense will be established.

There are many strategies available that your lawyer can use to you get out of a DUI and have proven to be successful.

Your lawyer may for example argue lack of probably cause for the initial stop. This means there was no reason at all to stop you and if that is the case, submit a petition to suppress any evidence that the police obtained when you were pulled over.

It is also possible to argue faulty of unreliable BAC results. The BAC stands for blood alcohol test which is used to test if the person's alcohol level has reached the maximum limit which makes him or her unsafe to drive a vehicle.

The results could be faulty if your lawyer can prove that the test was not properly administered, the equipment used was not properly maintained or you have a medical condition that may have an impact on the reliability of the test.

Another tactic is to attack the credibility of the arresting officer. If your lawyer is able to question the police officer and prove there are inconsistencies in their testimony compared with the police report they filed, you just might have a chance of getting a not guilty verdict.

But if things are not working in your favor and everything was done by the book, then your criminal defense lawyer may advise you to accept a favorable plea agreement. Doing so may get you reduced charges or sentencing concessions with the district attorney.

If you don't want to negotiate and decide to gamble in court and lose, then you can try to appeal the court's decision. If you don't, there will likely be an increase in your insurance cost, limits on employment options and you will now have a permanent record.

Hiring a criminal defense lawyer is the only way to get out of a DUI charge. After all, there are circumstances which you can argue so that you name will not be included in the criminal database system.

resource:http://society.ezinemark.com/beating-a-dui-charge-168fea8eb05.html

Precautions for DUI Arrest

First Precaution:

Buy a cologne or perfume and then put it in the glove box of your car. You should take care of one thing that the cologne or perfume needs to be much more expensive since the cheaper brands you can get at Wal-mart tend to wear off quickly and are not as much effective as the expensive perfumes are. The whole purpose behind using the cologne or perfume is to mask the scent of the alcohol in your vehicle as well as on your person.

After you have been drinking preferably use a spray bottle to apply the cologne to yourself from head to toe. Before you drive a vehicle make sure that you have sprayed the cologne around the interior of the vehicle to mask the scent in the vehicle. dui_precautions

Second Precaution:

Always make sure that you have some breath aids in your car at all times. There is no need to skimp on price here either. What you have to do is to buy some gum or mints that are fairly strong and will actually work like nu-breath or something similar to that.

These breath mints will help you in a way that they will not only mask the scent of the alcohol on your breath, but will also help to slightly slur your speech due to the sucking and chewing action. Those people who have been consuming alcohol will typically have slurred speech patterns.

So when the officer stop you to investigate he will have a problem in judging that either the slurred speech pattern is due to alcohol consumption or it is because you are sucking or chewing on a breath mint.

Third Precaution:

Before driving your car always spray the interior of your car with an air freshener. Here again I must tell you to use a more expensive air freshener then you would normally use. The air freshener should be a spray air freshener and it should not be the one of those scented pine trees that you hang from your rearview mirror.

If you use all three of the above suggestions in combination as precautions for DUI arrest it will help you to greatly reduce your chances of being arrested for DUI. If the investigating officer would have just the slightest hint of alcohol on you or in your vehicle during a routine traffic stop, it can turn into a DUI arrest. As said by Ben Franklin “An ounce of prevention is worth a pound of cure”.
resource: http://www.dwiblog.org/2009/05/three-simple-precautions-to-reduce-your-chances-of-a
-dui-arrest/

No comments: