Hiring a DUI Attorney Can Change Your Punishment

dui-arrestIf you recently made the unfortunate decision to get behind the wheel after having one-too-many drinks or after taking illegal drugs (Or a combination of the two), than it is likely that this resulted in a police officer pulling you over and giving you a DUI charge. What this means is that you are over the legal limit in which you can operate a motor vehicle. A DUI is an abbreviation for the law term, “Driving Under the Influence“. Although this is often called “drunk driving“, a DUI charge refers to operating any kind of motor vehicle while over the legal blood alcohol content level, or while under the influence of drugs. Anything above the legal limit will land you with a DUI charge as you are considered to be unable to operate your motor vehicle safely due to the alcohol in your system. Whether this is your first DUI offense or brush with the law of any sort, it is absolutely crucial to opt for a DUI attorney to ensure that your case is properly taken care of. You have the right to an attorney in any DUI case, and people often ponder whether or not a DUI lawyer, and the price associated with hiring one, will provide the benefits that they are looking for.

What is a DUI?

As briefed upon previously, a DUI is a law term used to driving under the influence. Despite being commonly referenced as drunk driving, a DUI charge can come from the use of both alcohol and drugs while operating a motor vehicle. It is imperative to understand that a motor vehicle is any self-propelled wheeled vehicle that does not operate on rails which means that even driving a ride-on lawn mower while intoxicated can result in a DUI offense. A DUI is determined by one’s blood alcohol content (BAC), and varies per state but ranges from 0.08 to 0.10. Anything above the minimum allowance will result in a DUI as you are then deemed to be unable to drive the vehicle safely. When it comes to drug use while operating a motor vehicle, there is no level in which the substance is allowed to be in your system because illegal drugs are illegal at all times, while driving, walking or standing. Although there isn’t a machine to determine your substance use, officers are trained to spot the signs of drug use with the naked eye.  An interesting thing to remember is that sitting in a non-moving vehicle without the ignition on can result in a DUI offense as well. To sum up a DUI offense, driving under the influence can be charged when intoxicated or high on drugs, while operating or sitting in a motor vehicle.

Do You ‘Need’ an Attorney?

After receiving your DUI charge, the first question that you are probably wondering is whether or not you need a driving under the influence attorney. Since a DUI is considered to be a serious offense that could ultimately effect the rest of your life, especially for employment, it is extremely important to hire a DUI attorney as they have specific experience and knowledge dealing with this kind of charge. Determining the importance that you have for your own future and driver’s license should provide you with the answer as to whether or not you ‘need’ an attorney.

Specific Situations in Which a DUI Attorney Will Be Needed

If your future, employment opportunities and driver’s license aren’t enough reason and encouragement for you to hire a DUI attorney, the following situations may have you reconsider. 40% of traffic fatalities involve a driver who was impaired, and a DUI offense can quickly be increased to an enhanced sentenced sentence if your specific situation is more serious than simply driving under the influence (Although that is a serious offense in itself anyway). Some things to consider is whether or not there were any aggravating circumstances or additional factors that could hurt your case. For example, prior offenses, property damage, injury to someone else, endangerment to a child etc.  Suddenly, your DUI charge is much more than just that. A DUI attorney can help mitigate some of those factors which may created further sentencing.

What a DUI Attorney Will Do

A DUI Attorney will offer you and your case a variety of benefits, and one of the more vital ones being preparation and advice.  One of the biggest mistakes DUI offenders make when facing the judge is providing evidence that could further incriminate them, without even knowing that that is exactly what they’re doing. A DUI lawyer will instruct you as to what to do and say, and more importantly, what not to do and say well throughout your case which can allow you with the option of getting off with a lesser charge. In addition, your lawyer can provide many more services to you such as plea and sentence bargaining. Plea bargaining is when your attorney bargains for you to get a less-harsh sentence. For example, changing your DUI to a reckless driving charge due to lack of evidence. Sentence bargaining is when your attorney argues for a smaller period of incarceration which typically comes into play if any of the factors mentioned previously are involved with your DUI, such as injury or death of another person.

The laws have changed with driving under the influence offenses. As long as your BAC was measured at or above 0.08, you are in fact guilty. You may not have been staggering or slurring your words, but you are guilty. That is the bottom line.  A DUI attorney will do just about anything to decrease your offense and penalty, and with their specific knowledge, experience and training, they are able to spot even the smallest details to make this a viable option for your case. Hiring a DUI lawyer can mean the difference between jail time, and paying a small fine or doing community service. If you are eager to maintain a driver’s license, lessen your offense and/or create a better future for yourself, then you should certainly consider hiring a DUI attorney. Approximately 728 people are injured or killed by DUIs each day during the holiday season, so you may want to think twice before taking a shot and getting behind the wheel again.

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Attorney Matthew L. Nebeker provides strong and aggressive legal representation for DUI cases in Salt Lake

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