Saturday 14 November 2015

3 Steps Followed By Criminal Defense Attorney Hopewell VA Has When Solving DUI Cases

By Mattie Knight


The implications of getting convicted after DUI charges make most Americans dread getting caught driving when drunk. The fear is made worse by the fact that law enforcement officers take these cases very seriously. In fact, out of the 1.5 million DUI arrests that are made in the country each year, over 85 percent get convictions. While it is true that there are states and counties with much lower conviction rates, the averages stated above show just how hard it is to beat a DUI charge. This is perhaps the reason anyone arrested and charged with DUI does their best to get a competent criminal defense attorney Hopewell VA has to represent them in court. Here are steps to follow when solving a DUI:

The first step is the arrest. This happens after an officer either pulls you over for a traffic violation, having a problem with the car, such as burned out light or after you have been involved in an accident. For a DUI investigation to be valid, there must be a justifiable reason the officer pulled you over.

After the flagging down, the officer may notice that you are intoxicated. At this point, they will ask you to step out of the car so they can conduct field sobriety tests. The common tests include counting backwards, standing on one foot, and walking in a straight line among others. In case you are found to be intoxicated, your Miranda rights will be read to you, and an arrest will follow.

Once you have been taken down to the precinct, the next step, which involves testing the blood sugar level, will follow. If the BAC test indicates that you have a result of 0.08 percent alcohol content in your blood or more, excessive BAC driving charges may be brought against you. You may also get tested for other drugs.

In case of conviction, you lose the driving license automatically. You will be issued a temporary pink permit, and the suspension of the license happens a month after the arrest. Your license ends up at the Department of Motor Vehicles. The arresting officer will compile the evidence and hand your file to the local prosecutors, who will decide whether to charge you formally or not.

If the officers file the DUI charges, the case will begin. At this point, you have to decide whether you want a private DUI lawyer, a public defender, or you will represent yourself. A lawyer, whether a PDA or a private DUI lawyer, is recommended for anyone that wants to win a DUI. The hearings will be set up where you will have a chance to defend yourself.

Normally, there are different lines of defense when it comes to DUI. The first one involves challenging the evidence presented, especially the FST. Secondly, the lawyer could challenge the probable cause of arrest. Lastly, the lawyer will question the certification of people performing the tests.

Whichever line of defense a DUI attorney picks will be fine as long as it works and gets your charges dropped. However, the level of experience of the lawyer will determine the outcome of the case. So make sure you have scrutinized the credentials of your lawyer before hiring them.




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