What Choices And Options Do You Have In Your DUI Case

If you or perhaps your loved ones are arrested for suspicion of driving under the influence of alcohol or illegal substance, it does not necessarily imply that you have already been found guilty by the court. Hence, charges are not going to appear in your criminal records, not unless all DUI elements have already been proven beyond any reasonable doubt. Two main elements, which need to be proven in order to prosecute a person for DUI are – 1. The individual was in fact intoxicated and 2. He or she was actually operating the vehicle during the arrest. With that said, there are two ways for a DUI case to unveil. The defendant can either enter a plea bargain or his or her fate shall be decided during the trial. In order for you to gain a better understanding of how it works, let us review a simple case and the two ways it may go for the offender.

Let us say James was driving home from a party. During the social gathering with his friends, James had a couple of beers and even managed to smoke some marijuana. He runs a red light and his vehicle is pulled over by law enforcement officers. The police ask James if he was drinking and he says that he had a couple of beers. The breathalyzer test indicated that James’ BAC equals 0.10%, so he is immediately taken into custody.

1. Entering a plea bargain

James gets in touch with his attorney and the lawyer gets to work without any hesitation. First of all, he demands all video records from the scene and law enforcement authorities provide him with all materials. On the video, it is clear that James did actually run the red light. Furthermore, it is also obvious that James was intoxicated and he clearly said that he had a couple of beers. The probable cause is there.

During the arraignment the prosecutor approaches James’ legal representative and says that James will need to serve a month in jail, three years of informal probation, a year in the alcohol rehab classes as well as a $300 fine that will be transformed into $1 500 afterwards, with all the court fees and expenses.

The DUI attorney is not interested in such an offer, because it is not very good. He advises James to go to trial and James agrees. During the pretrial DOL hearing, the attorney approaches the prosecutor. He uses all the knowledge he has to convince the prosecutor that jail time as well as extensive alcohol awareness classes are not necessary in this case. Finally, the prosecutor agrees to go with no jail time as well as only three months of alcohol awareness classes. Case is closed.

2. Guilty or not guilty

Let us imagine that James did not actually run a red light. This means that law enforcement officers had no probably cause to stop him in the first place. This means that any evidence obtained on the scene cannot be submitted to court. The attorney recommends James to go to trial. During the trial the attorney demonstrates lack of probable cause and the case is closed – simple as that.

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