Discussing Criminal Attorney Services

Why A DUI Charge Is Not Set In Stone After An Arrest

26 October 2017

Joshua Alexander

Driving under the influence normally carries several immediate consequences such as penalties, jail time, probation, drug and alcohol classes, fines, ignition interlock device installation or even an alcohol home monitoring unit. However, there are long-term consequences as well and these are harder to live with than the short-term. One of the worst of the long-term consequences is the fact that you will have your driving offence on your criminal record.

Fighting to Keep the Charges off Your Record

A DUI charge can change the rest of your life and you should do everything possible to keep it off your criminal record. The best way to go about it is to hire a criminal DUI attorney. With an attorney on your side, you have a higher chance of having your charges lowered or dismissed altogether. You see, by the time you are arrested and processed for driving under the influence, the police are busy gathering information against you. You could have smelled like alcohol, your eyes might have been watery or you could have been unsteady on your feet. An attorney has the experience and knowledge about what needs to be done in such a case so they will defend you in the best way possible.

Under What Basis Would The Charges Change?

Your charges could be dismissed under certain circumstances. For instance, if it was a misunderstanding such as a device malfunction that produced the wrong answer, your lawyer can prove it in court and have the case dismissed. If you were indeed intoxicated but you dread the thought of having a DUI on your criminal record, your criminal DUI attorney could still find a way for the charges to be nullified.

One of the basis for your charges being nullified is the suspicion of discriminatory behind your stop. Police officers are required to have a valid reason for stopping a car and testing the driver. The attorney will also check if you were arrested by the book, tested with functioning devices and taken into custody according to the given rules. Any deviations from the required procedure could mean a violation to your rights and could be a basis for your charges being dropped. If there are any delays with the court proceedings as well then your charges may be rendered invalid.

Expungement

If you are charged and found guilty, after all is said and done, you could still have the charges erased from your criminal record through expungement. Your criminal DUI attorney can help you clear all the charges from your record and no one will know you were charged when they do a background check.

As you can see, your DUI charges are not set in stone. There are several different ways your DUI defense lawyer can change that for you. Reach out to an attorney at firms like Steven T. Fox Law Firm to learn more.

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