Many states have been imposing tougher penalties on motorists who are caught driving under the influence of alcohol or drugs. The possible sanctions are harsher than they used to be, even for first-time offenders. Police have the authority to test a driver’s blood-alcohol level on the spot if they have a reasonable suspicion that the driver is under the influence of alcohol. If the blood alcohol concentration is 0.08% or higher, the driver is in trouble.
If you are facing DUI charges, you need to speak with an experienced Auburn defense attorney who has handled these kinds of charges many times before, and who know how to put together the best possible defense. An Auburn DUI lawyer will have applicable knowledge of local laws and can address how they may affect your case.
The first decision the defendant has to make is whether to fight the charges outright or try to plea bargain. Auburn DUI lawyers who have extensive experience in DUI cases will be able to evaluate the evidence the police have, and give an honest assessment of what the most prudent course of action will be.
Even if jail time is not an issue, the other consequences of DUI convictions can be devastating. Most citizens’ lives would be severely limited if their ability to drive a car was rescinded, even if only temporarily. Getting to work or taking care of children could become almost impossible.
That is why an Auburn driver in this situation should get legal advice – not from a generalist who has done routine legal work in the past, but from lawyers who have experience in DUI cases.
The state will, at the very least, impose a fine for a first-offense driving under the influence charge. Those fines rapidly escalate for second and third offenses.
That is only the start with respect to possible penalties, which may also include:
- License suspension or revocation
- Points on the driver’s record
- Payment of restitution
- Ignition interlock device
- Restricted driver’s license
- Mandatory community service
- Jail time
Every American, no matter what they have been accused, has certain rights that must be honored in the courts. These include the right to an attorney and the right to confront the state’s witnesses against them.
A DUI case usually begins with a preliminary hearing, followed by a formal arraignment, a pre-trial conference, and, if necessary, a trial. Experienced Auburn DUI attorneys can help guide a person through these requirements.
Things to consider are whether or not the driver was singled out by the police and if there was probable cause for the arrest.The Fourth Amendment to the Constitution says that all individuals are protected from unreasonable searches and seizures. An Auburn DUI lawyer with experience in these kinds of cases will know how to aggressively challenge the prosecution’s case.
Evaluating the admissibility of the evidence requires looking at all the circumstances of the arrest. A key question in regards to evidence is the kind of evidence the police have against the individual and whether it was gathered in accordance with rules that will make it admissible in court.
The breathalyzers administered by the police have also been challenged. The devices used by the police sometimes have problems of accuracy, which can be caused by mechanical failure or by a police officer’s mistake.
With the penalties now so harsh, any person accused of DUI has the right to demand that all tests were carried out perfectly. Anyone facing DUI charges in Auburn should seek out lawyers who have successfully defended against such charges in the past.