DUI cases are complex, and individuals who get charged with DUI need to understand that the outcome of their cases can have lifetime effects. Some defendants assume that they are doomed because they feel like the evidence against them is strong. Perhaps they had something to drink but did not realize that they were over the legal limits because they did not feel drunk. Individuals have different levels of tolerance, which can interfere with someone's ability to determine whether they are over the limit. Unfortunately, not feeling or not appearing drunk is not a strong legal defense against DUI. Here are a few things that have been effective for some individuals who did not want a DUI conviction on their records.
Accept a Reduced Charge
The prosecuting attorney has the power to review a defendant's case and offer a plea deal for a lesser charge. They might choose to do so if they think that there are weaknesses in their case. It is important not to accept a reduced charge if you do not have legal counsel. Sometimes prosecutors do not initially offer a plea deal. Individuals who have attorneys can ask their attorneys to negotiate a plea for a reduced charge, which may or may not be accepted.
Get an Attorney To Suppress Evidence
DUI attorneys are trained to collect evidence that can strengthen their clients' cases. They are also trained to look for evidence that the state has against their clients. They can present to a presiding judge motions to suppress certain evidence. A judge will decide after hearing arguments from the prosecutor and defense attorney. If the motion to suppress is approved by a judge, the evidence cannot be used if the case goes to trial.
Go to Trial
Some individuals decide to go through the full judicial process. This will require a strong defense strategy. A DUI attorney is a good resource to use if you have been charged with DUI. They will know state-specific DUI laws. You can benefit from choosing an attorney who is familiar with prosecutors in the area where your arrest occurred. They can help you to understand some of the ways they can help in criminal defense for a DUI. For example, a positive alcohol breath test that is over the limit does not mean that an individual will get a conviction. Improper machine calibration evidence could deem the test invalid. A DUI case can result in an acquittal. It is also possible for a prosecutor to choose to drop the DUI charges on the first day of a trial.