There are few crimes in the US with implications that are more serious than being caught driving while intoxicated. This fear is made stronger by the stringent measures that law enforcement officers take against people arrested on DUI charges. As a matter of fact, more than 85 percent of the DUI arrests made in the US annually end up in convictions. The conviction rates differ from state to state, but it is generally not easy to walk free after a DUI charge. In case you have been arrested for DUI, it would be advisable to get the most competent criminal defense attorney Hopewell VA has to represent you. Here are the steps that the professional follows.
The process starts with the arrest. For a DUI charge to be brought against you, the traffic officer that arrests you must have a solid probable cause for flagging you down. This includes issues such as a broken taillight, running a red light, weaving carelessly through traffic and other related offenses. In case you are stopped, and there is no probable cause, any DUI charges brought against you will be easy to dismiss.
The officer will report that upon speaking to you, they noticed an alcohol odor emitting from your mouth and that you showed signs of intoxication. This will serve as the basis for the field sobriety tests administered, which include counting from a hundred backwards, walking in a straight line, standing on one foot, and a preliminary alcohol screening. If the tests indicate you are intoxicated, you will be arrested.
Step two involves blood alcohol testing. After the arrest, the officer will take you to a hospital, police station or jail for a blood alcohol content test or BAC. If the tests results show a 0.08% alcohol level or higher, you may get driving with excessive BAC charges. Refusal to take the test will lead to an arrest and a refusal charge. In case the alcohol test results are less than 0.08, you may be required to take other blood and urine tests for drugs.
If you are found to have been driver under the influence, you lose your license pending the case. The original license is sent to the DMV and you are issued a temporary pink slip. The suspension takes full effect after a period of 30 days. The officers that arrested and tested you will compile evidence and present the file to the DAs office. These are the people who will decide whether to charge you or not.
The case starts after the prosecutors file charges. You will be needed to choose between a private DUI lawyer and a public defender. There is also the option of self-representation, which is not recommended. It is better to opt for the PDA or the private DUI attorney. Hearing dates are set so you can get a chance to defend yourself.
The lawyer can decide on several different defense lines depending on the evidence presented. The first popular one is challenging the evidence that has been presented. A second option would be claiming that you were arrested without a probable cause. The lawyer could also decide to question the qualifications of the people that administered the tests.
Whichever line of defense a DUI attorney picks will be fine as long as it works and gets your charges dropped. However, the level of experience of the lawyer will determine the outcome of the case. So make sure you have scrutinized the credentials of your lawyer before hiring them.
The process starts with the arrest. For a DUI charge to be brought against you, the traffic officer that arrests you must have a solid probable cause for flagging you down. This includes issues such as a broken taillight, running a red light, weaving carelessly through traffic and other related offenses. In case you are stopped, and there is no probable cause, any DUI charges brought against you will be easy to dismiss.
The officer will report that upon speaking to you, they noticed an alcohol odor emitting from your mouth and that you showed signs of intoxication. This will serve as the basis for the field sobriety tests administered, which include counting from a hundred backwards, walking in a straight line, standing on one foot, and a preliminary alcohol screening. If the tests indicate you are intoxicated, you will be arrested.
Step two involves blood alcohol testing. After the arrest, the officer will take you to a hospital, police station or jail for a blood alcohol content test or BAC. If the tests results show a 0.08% alcohol level or higher, you may get driving with excessive BAC charges. Refusal to take the test will lead to an arrest and a refusal charge. In case the alcohol test results are less than 0.08, you may be required to take other blood and urine tests for drugs.
If you are found to have been driver under the influence, you lose your license pending the case. The original license is sent to the DMV and you are issued a temporary pink slip. The suspension takes full effect after a period of 30 days. The officers that arrested and tested you will compile evidence and present the file to the DAs office. These are the people who will decide whether to charge you or not.
The case starts after the prosecutors file charges. You will be needed to choose between a private DUI lawyer and a public defender. There is also the option of self-representation, which is not recommended. It is better to opt for the PDA or the private DUI attorney. Hearing dates are set so you can get a chance to defend yourself.
The lawyer can decide on several different defense lines depending on the evidence presented. The first popular one is challenging the evidence that has been presented. A second option would be claiming that you were arrested without a probable cause. The lawyer could also decide to question the qualifications of the people that administered the tests.
Whichever line of defense a DUI attorney picks will be fine as long as it works and gets your charges dropped. However, the level of experience of the lawyer will determine the outcome of the case. So make sure you have scrutinized the credentials of your lawyer before hiring them.
About the Author:
When people are in need of criminal defense attorney Hopewell VA residents recommend that they use the services of this site. Come and review all the information by clicking here http://www.lichlaw.com.
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