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subject: So You Need A Dui Lawyer... [print this page]


A DUI charge can mean that the person has been charged with drinking alcohol and being beyond the legal BAC limit and then using a motor vehicle, but it can also refer to different intoxicants such as mind altering or "psychoactive" chemicals and even different vehicles. Contrary to popular belief, or perhaps, what is intuitive:, DUI charges extend beyond just cars to include airplanes and boats and even bicycles, wheelchairs, and tractors, as these all qualify as a type of vehicle under the strictest of definitions and can put the safety of both the occupant and the bystanders at risk.

Even the name itself has several different abbreviation variations. D.U.I. stands for "driving under the influence," but it is just one of many terms that are used across states and countries: other common names are DWI (driving while intoxicated), OWI (operating while intoxicated), or just plain drunk driving. Penalties and charges can vary depending on where the charge was issued, how impaired the driver was at the time of being charged, and whether or not property and persons were damaged by the driver in question.

The DUI or DWI Charge Consequences

Because driving while intoxicated is considered a criminal act in almost every continent and country, the consequences can be severe. It depends on the location, the situation, and often, on that individual's prior record. The level of intoxication, context of intoxication (such as driving slowly versus fast and recklessly, although both can cause accidents), and other factors and details may all influence the final outcome of any criminal charge.

Consequences can range from a misdemeanor to a felony, depending on blood alcohol level and whether or not someone was seriously injured. Having a previous criminal record is also grounds for stricter punishment after being charged with a DUI, DWI, or OWI, while having no arrest history makes it easier for the DUI charges to be reduced or even expunged.

Pleading Options for DUI

Individuals charged with DUI often assume that there is absolutely no hope for their case. After all, the officers making the charge almost assuredly used a breathalyzer test or otherwise put the defendant through tests to determine her or his level of intoxication.

But nothing is ever as simple as it seems. Often, the individual knows the details of his or her own condition better than the arresting police officers do. If there is a chance that someone has been disproportionately or unfairly accused in a DUI charge, it is a very good idea to seek legal counsel in the form of an experienced DUI attorney.

A DUI lawyer who has full possession of the knowledge of state laws applying to a DUI case can thoroughly scrutinize the behavior of the investigating police. Often, if officers are found to have acted outside of protocol(such as improperly using the breathalyzer test, assuming driving patterns are attributed to intoxication without proof of actual BAC, or other variations from standard procedure), this can work in favor of the driver.

In many cases, a qualified DUI attorney can help achieve a lesser charge, reduction in sentencing, or even have the charges removed altogether. DUI charges necessarily do not have to mean pleading guilty and facing real jail time; enlisting the help of a qualified attorney is one of the best options drivers have for achieving a 'best case' scenario after receiving a charge of driving under the influence.

by: Samuel Sampson




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