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Can You Beat A DUI?

Can You Beat A DUI?

It has been suggested that over 99% of all people pulled over for driving under the influence do not know what to do or what not to do when a police officer starts questioning a suspected drunk driver. Being arrested for a DUI is out of your control, but not further incriminating is 100% within your control. I’ve written about the biggest mistakes people make after a DUI arrest before here and about a DUI Lawyer in Draper Utah as well. Most drivers have either been unlucky enough to pass through a DUI checkpoint, or been pulled over for an equipment defect, tag issue or motor vehicle offense. Here are some tips of how to beat a DUI, in most cases, and avoid the many DUI penalties that can follow you for life.

• First and foremost, remain silent. That means to be quiet. The only thing required from you is to disclose to an officer is your correct name and current address. This extends to all times, including at jail after arrest. Anything else you say and everything else you provide to the investigating officer looking for a drunk driving arrest will be used as evidence against you later. The most harmful information in most DUI cases is what comes out of a client’s mouth. If you want to beat a DUI, you need to remain silent. Because you are more likely than not being video and audio recorded, do not give evidence against yourself. If the officer plans to arrest you anyway, you are not going to improve your DUI charge by talking or begging to be let go.

• Immediately hire the best criminal defense attorney who is a reputable and respected DUI Lawyer in your Court.

• If the conditions of the roadway are an issue, such as under construction or a rainy night, and the lane lines were not visible with the dark roadway, you need to get video footage and possibly still shots, for later use at trial. If your DWI lawyer can’t assist with an investigator, take a friend with you while you drive, and try to match the same time of night, direction, and weather conditions.

• Look for premises surveillance cameras, if this potentially may later prove to be helpful evidence at trial or pretrial DUI motions. Your criminal defense lawyer can get a court order or subpoena, to preserve that footage.

DUI accident cases present many potential defenses for fighting an alleged DUI violation. Equipment failure may have been involved, plus legal defenses to certain aspects of the DUI arrest, such as air bags striking you in the face, and causing head trauma and nystagmus, or a red face. The best DUI lawyers also may need to use an accident reconstruction expert, so listen to your DUI defense lawyer on this issue, since that evidence cannot be generated later.

When clients have followed all of these tips, the chances for acquittal, dismissal or a reduction of charges is much more likely than being convicted, when experienced DUI attorneys are selected and retained to fight your criminal case. After you are released from jail, record everything you can recall. Immediately upon release, it is extremely important that you write down everything you can recall about the arrest. Things to include are:

I. What you were drinking and how much you had to drink

II. How long after you stop drinking you were pulled over

III. What you were doing and where you were before you got into the car

IV. Where you were pulled over

V. How the officer treated you and what the officer said

VI. How you responded to the officer’s instructions

VII. Whether you were read your Miranda rights if arrested

VIII. When and where you took the chemical test

IX. How long after you stopped drinking that you took the chemical test

If a person is charged and/or convicted of a DUI offense, there are general things to expect.

• You will be arrested by the officer who pulled you over. Expect to be arrested, taken to the police station, booked, and placed in jail until you can be bonded out. Typically, individuals are in jail until they sober up and can post bond. In some jurisdictions and depending on the offense, this may require an appearance before a judge. In others, there are standard procedures that allow the officers in the jail to accept bond
• You will end up in court. Unless there are unusual extenuating circumstances, you will have to make a court appearance and will be required to plead guilty or not guilty to the offense.

• Expect some type of suspension on your driver’s license. In most states, individuals who are convicted of DUI receive some type of suspension on their driver’s license.

• You will pay. Expect fines, attorney fees, court costs, towing fees, storage fees for your car, therapy fees, counseling fees, etc. etc. This is going to cost a large amount of money even if it is a routine arrest. If there is an accident, property damage, or an injury, the expenses can be astronomical.

• There will be jail time. A person arrested for their first DUI will most likely spend at least a few hours in jail. Individuals with prior arrests will certainly spend at least a few hours in jail and most likely will get some form of jail time, community service, house arrest, etc., upon conviction Depending on the outcome of the case; individuals can be incarcerated for a variable length of time. Multiple repeat offenders can expect at least some extended jail time.

• You will most likely be put on probation. If convicted of a DUI offense, you will most likely be put on probation. This incurs even more expense and regular visits to your probation officer. Be prepared to provide your probation officer with proof that you are not drinking or using drugs.

• Some type of educational program or therapy is in your future. Expect to have to attend some type of substance abuse class, get involved in some type of therapy.

• Expect changes with your auto insurance. Expect your friendly neighborhood auto insurance company to not be your friend any longer. Insurance prices will shoot up, and you may not even be able to get insurance from some companies.

• There is always a record. These days, no matter what, there is always a record of a DUI arrest or conviction somewhere. Even though the conviction is removed from your immediate driving record after several years, a record of it may remain on your permanent driving record.
Insurance companies typically look back five years, but there is a record of a conviction forever, even if you are assured that if you comply with probation, it will be removed from your record. There is always documentation somewhere regarding DUI arrests and convictions that can be referenced.

Free Consultation with a DUI Lawyer

When you need to beat a DUI charge, please call Ascent Law LLC for your free consultation (801) 676-5506. We want to help you.

Michael R. Anderson, JD

Ascent Law LLC
8833 S. Redwood Road, Suite C
West Jordan, Utah
84088 United States

Telephone: (801) 676-5506