Driving Under the Influence (DUI) is a serious issue on American roadways. But the funny thing is that most people who have been arrested for DUI are repeat offenders. Suppose you get arrested for DUI, you might wonder if hiring an attorney is necessary, and the answer is yes. Get yourself a DUI lawyer in Mesa, AZ, to assist you in navigating legal matters by offering relevant advice.
Hiring a DUI attorney will simplify the situation, and the legal nuances lawyers use can help lessen a client’s stress and the severity of the punishment. Without a lawyer, some DUI offenders plead guilty to the charges against them. But, an experienced DUI attorney will advise you not to rush and confess because the charges can be reduced or dropped in a legal process. Let’s explore everything you ever wanted to know about Wobbler DUIs.
Is DUI A Felony?
While in some states, driving while intoxicated (DWI) and DUI are synonyms, hence treated as the same offense. In other jurisdictions, DWI and DUI are classified as offenses, where one is more serious. Whether each of them is a felony mainly depends on the circumstances.
The basic level DUI or DWI is a misdemeanor, meaning it’s a criminal offense with a minimum sentence of one year in jail. More often, the judge will impose a fine or probation instead of the jail term, while in some circumstances, the charges can increase to a felony like a repeat DUI arrest.
A felony charge is often the same as a basic misdemeanor coupled with a previous DUI conviction. So, if you’ve previously been charged with a DUI misdemeanor, committing the same offense repeatedly can result in a felony charge. Further, if a misdemeanor charge caused an accident with injuries while being pulled over, it turns into a felony.
If your blood-alcohol content exceeds the legal limit, it’s only a misdemeanor to a first-timer if no one was hurt. But, if you’re a repeat offender three or four times above the legal alcohol limit, you may be charged with a felony offense even without injuries. DUIs vary depending on the jurisdiction, so you need a lawyer to walk you through the legal options available.
The Role Of A DUI Attorney
You need to hire a DUI attorney to help you make legal decisions regarding your DUI case. If you’re questioning hiring a DUI attorney, consider that you have no idea what goes in the justice corridors. Here’s what to expect from your legal representation.
Negotiate With Prosecutors
Hire a DUI attorney with rich experience in handling DUI cases and dealing with prosecutors. Having worked with prosecutors for years, they can find alternatives to your sentence and negotiate a plea bargain that lessens your burden. Self-representation isn’t advisable because a prosecutor will not offer any options to an offender but prosecute them to the highest level.
File Legal Papers Promptly
Filing legal papers has deadlines, and your lawyer knows. Therefore, they should file requests for police misconduct promptly. In failure, a defendant can be unable to make any requests. Hiring a skilled DUI attorney means they know how to do any paperwork on time to ensure their client’s options aren’t limited.
Knowledge Of The Justice Corridors
Most DUI offenders are clueless about how to navigate their local court system. A skilled DUI attorney knows how to relate with prosecutors and negotiate for the best outcome in your situation.
Letting You Know When To Speak
A DUI lawyer with years of experience knows when it’s best to speak or remain quiet for their client. Without a lawyer, an offender will be forced to represent themselves, but with an attorney, they’ll advise when a client can or can’t take the stand in their defense.
Getting A Conviction Annulled
One negative impact of a DUI conviction is that it can affect your employment opportunities and credit score. With the help of a DUI attorney, your conviction can be expunged from your records to avoid hurting your future. Although getting a conviction annulled isn’t an easy fit, your skilled attorney knows how to make it happen.
Can A First Time DUI Case Be Disbanded?
If you’re lucky, your DUI charges can be dismissed before trial. This happens when defects in a case cause the prosecutor to drop the charges. But, you need a knowledgeable lawyer to file persuasive motions and engage in arguments that grant a dismissal. Here are some of the circumstances for dismissing a DUI case.
- When the DUI charge is illegal or unconstitutional
- The defendant wasn’t allowed to speak to an attorney upon arrest.
- Failure by arresting officers to explain the defendant’s rights before the inspection
- Unauthorized field sobriety tests
- Failure to have probable cause or a warrant of arrest by officers.
- Illegal traffic stops where the police had no sufficient reason to pull you over.