Being convicted of driving under the influence (DUI) can lead to serious financial and criminal penalties. Many people believe that when they are pulled over and have over a .08 percent blood alcohol content (BAC) that they are pretty much convicted and have to face the consequences, but this is not always the case.
There are several legitimate defenses against a DUI charge, but it will usually take a lawyer to figure out the best direction for a specific case. There are some steps that a person should take before they have their first legal consultation, and there are a few things they should be prepared for when they make it to this consultation.
Step One: Get Out of Jail
Getting out of jail quickly is the first step in preparing for an initial legal consultation. It would be difficult for anyone to work on a suitable defense while confined to a jail cell. The State is going to try its best to get a person accused of a DUI in front of a judge with only a public defender. These scenarios are adversarial in nature, and the accused has very little power when standing before a judge.
Due to the intense pressure a defendant faces in this situation, they will often incriminate themselves or fold to a guilty plea under pressure. For this reason, it is important that a person get out of jail before standing before a judge. DUIs are usually listed on a county’s bail schedule, so a person can get out on bail or contact a bond agency to get out of jail before being powerlessly thrust in front of a court.
Step Two: Consultation with a Private Attorney
A good attorney is going to do everything within their power to help their client avoid any punitive consequences, but they cannot do it on their own. A person charged with a DUI needs to come fully prepared to their initial consultation to ensure their lawyer has the right ammunition to keep them out of trouble. The accused should know their blood alcohol content (BAC) and the exact reason the police officer reported stopping them for. The defendant also needs to know which court he is scheduled to appear in and at what time.
Usually, an attorney can attend the first appearance in front of a judge in lieu of his client. This is very helpful considering the fact that a person will not have to take time off work or from family obligations to stand before a judge and hear the charges against them. If a person accused of a DUI comes fully prepared to their initial legal consultation, their attorney can usually handle the rest.
Take Your Best Shot
Be aware that the State is going to do everything in its power to make a person quickly plead guilty to a case, and they will often make veiled threats to influence this course of action. Luckily, if a person is able to get out of jail on a bond, they will have a legitimate chance of fighting the system.
A private attorney will have many ways to defend you, which you may never have dreamed was possible. With the public defenders workloads heavier than ever in the current economy, it leaves little time to more then go through the standard paces with each defendant. Since a DUI on your record can affect your life in so many ways, for so many years, you will want all the possible cards stacked in your favor.
If you’re in a bind anywhere from Oakland to Los Angeles or even Santa Ana, give us a call!
