Never should you take DUI charges lightly because it can have far-reaching effects on your future and employment. Having an experienced attorney to handle your case will help to make light the charges brought against you as the attorney can identify the weaknesses of the case and even cite the mitigating factors to make way for a lighter sentence. Hiring an attorney can be expensive, but often it is worth because of the relief that they can provide. However, everything depends on the nature of charges and the way the prosecutor frames the case which only an experienced attorney like the ones belonging to Caldwell & Kearns, P.C. Criminal Justice Law Firm can understand. If you are genuinely innocent and can afford to hire an attorney, you must not take chances with DUI cases.
BAC determines the guilt
For charging someone with DUI, it is just enough to refer to the breath test or blood test for determining BAC or blood alcohol content which if found 0.08 or above is enough to establish the guilt. It does not need anything more to prove that the offender was driving under influence and hence guilty. It is of no consequence even if the person charged with the offense was not staggering or slurring with words when caught in the act or there were no other signs of intoxication. The result of the test is enough to frame DUI charges against the person.
Hiring an attorney is not mandatory
The consequences can be anything from paying fine, losing the driver’s license, enhancement in vehicle insurance fees and even conviction. Once you cross the BAC limit, you are sure to face conviction, but the degrees may vary depending on how you defend your case with or without help from attorneys. Every accused has the right to defend the case in their own way and can even choose to do it on their own but using the services of an attorney whether a private attorney or public defender is always a better option.
Suspension of driver’s license
The DUI laws are getting stricter, and 41 states have passed the administrative license suspension laws in April 2017 that allow the law enforcing agencies to confiscate your driver’s license on the spot the moment you fail the breathalyzer or blood test. The suspension of the license is an administrative sanction not related to criminal court proceedings. The logic behind the action is that since the state has the privilege to award you the driver’s license, it also reserves the right to revoke it. However, in the 9 states that do not have the administrative license suspension laws, immediate suspension of license is not applicable, and it can happen only after going to court. Refusing to take the breath test results in immediate confiscation and revoking of the driver’s license.
Enhanced sentence result from charges that are more serious in nature like causing injuries and property damages, a repeat offense or having aggravating circumstances. Only an attorney can help to mitigate some of the factors but for a repeat, offenses enhanced sentences and penalties are inevitable.