A person charged with driving under the influence (DUI) is assumed innocent until proven guilty. If the defendant is found or pleads guilty, the penalties they face will depend on state law and the other aggravating circumstances involved in the arrest. If you’ve been charged with your first DUI, law.ninja adv that an experienced DUI attorney could be of assistance.
First-Time DUI
Generally, a first-time DUI is classified as a misdemeanor. Usually, misdemeanor offenses are punishable by no more than six months or a year in jail. Some states offer an even shorter maximum jail time for a first-offense DUI. Certain states don’t carry any possible jail time for a first-time DUI offense. However, most states require minimum jail sentences of at least several days on a first offense.
The odds of your first DUI getting dismissed will depend on your ability to use legal motions, objections, and arguments against police evidence so that it gets thrown out. A winning DUI defense could help you get out of your first offense DUI case, avoid a license suspension, or interlock ignition device.
Avoiding A First-Time DUI Violation
Experienced DUI attorneys agree that you should always fight your DUI charge, especially the first. Affordable legal help is available to those who have been charged with a DUI, and even free public defenders are better than no defense at all.
If the police make a mistake during your arrest or some technicalities were overlooked in your DUI arrest, then your case could be dismissed. A DUI attorney can maximize your chances of avoiding jail time and the other harsh fines and penalties associated with a DUI arrest.
Implementing the right legal and technicality defenses based on your arrest is one of the tried and true ways to get a DUI dismissed before trial. Simply reviewing a DUI arrest early enough in the process can help you avoid DUI penalties. An experienced private DUI attorney will cost more but there are affordable options, and it’s much cheaper than being charged with a DUI.
First-Time DUI Legal Representation
If you’re charged with a DUI and are concerned about how to pay the cost, pro bono DUI public defenders can be a viable solution to receiving legal help. Your legal representation can use the following defenses to get your first-time DUI violation thrown out.
Examples of legal cause for getting a first-offense DUI dismissed:
- Invalid reason for DUI stop
- No probable cause for the DUI stop or citation
- Insufficient police evidence proving someone was driving while intoxicated from drugs or alcohol
- Police report has legal technicalities and other documentation errors valid for a dismissal
- Improper administration or collection of breath or blood test
- A witness for the prosecution changed their testimony, or there are already reasons to believe their information is inaccurate
- Failure to read the accused their rights.
There are several other reasons beyond legal facts that can help get your DUI charge dismissed. It could be as simple as requesting the prosecution drop the charges against you. Skillful DUI lawyers know how to negotiate with judges and prosecutors to get a case dismissal for various reasons.
Being charged with a DUI can drastically affect your life, and could lead to fines, license suspensions, and even jail time. All of the above could affect your ability to work, support your family, and more.
That’s why DUI attorneys and law enforcement suggest working with an experienced DUI lawyer. Your DUI law firm will have experience trying cases similar to yours. They also will know and have relationships to seek the best possible outcome in your case.