Many motorists charged with a DUI or DWI struggle to get their charges dropped mainly due to the lack of competent legal representation. Despite the strict laws that apply in this context, a charge for a DUI first offense in NJ or even a second offense can often be reduced if a highly skilled DWI lawyer is retained.
An accomplished DUI defense attorney can succeed on behalf of a defendant in many ways, for example, questioning of the motorist may have been in violation of his/her constitutional rights. There are many other issues that can arise in a DWI case such as lack of probable cause for a motor vehicle stop, an improper arrest (i.e. the target did not fail the field tests), or there the scientific tests, if any, were not performed properly so that the blood alcohol evidence is invalid.
The fundamental point is that knowledge DWI attorneys have the ability to effectively fight an offense so that you have the very best chance of a dismissal and/or acquittal.
Why Do You Need a DUI Lawyer?
Other than the methods described, legal counsel can use the legal code to make strong pressing arguments to suppress crucial evidence that would favor the prosecution.
In addition, a legal professional could find errors in the paperwork of the policemen that made the arrest.
Whatever the method, one thing is for certain: if you want to remove a DUI or DWI from your record then acquiring legal counsel is the first step.
What Penalties Could You Face as a DUI First Offender?
In these modern times getting convicted for driving under the influence or driving while intoxicated can have huge legal penalties which can weigh heavily on an individual.
Which is why most DUI offenders try to get their case thrown out as quickly as possible or at least save themselves from the more costly penalties like the mandatory ignition interlock program.
Other penalties include some mandatory jail time, which could range from 25-30 days, and even the suspension of the driver’s license for a period of 3 months. The driver may be required to attend 10-12 hours of mandatory alcohol/substance abuse classes at an intoxicated driver resource center
Lastly, he/she may be required to pay a fine of around $500. Most of these penalties though depend on the exact circumstances of the offense.
How Do DUI Lawyers Reduce or Lessen a Charge?
The laws regarding DUI have become stricter overtime. The only way a DUI lawyer can reduce charges is by presenting substantial evidence to persuade the prosecution to reduce the charge to a lesser offense like reckless driving, in turn reducing the penalties.
In certain scenarios, the attorney could also persuade the prosecutor to change the charge completely. However, all drivers should note that the exact circumstances of your arrest effectively determine what your charges will be and what they can be reduced down to.
For example, if a driver has been involved in a hit and run while intoxicated, he will be charged for a felony and the case may be taken to court in which a plea bargain is not possible. Nonetheless, the lawyer can try to find flaws in the initial arrest report or try to challenge the BAC testing results.
Most of all, expert legal professionals will inspect the arrest file rigorously to pinpoint the exact legal reason to lower your charges which you as a non-expert may overlook like a faulty breathalyzer test. In any case, hiring a lawyer or contacting a pro bono DUI lawyer is the best course of action in situations like these.
How a DUI Lawyer can Help You?
If your DUI lawyer is successful in reducing your charges to a new, lesser offense then you might be able to avoid getting your license suspended, prevent criminal charges and avoid jail time.
Although getting a DUI offense dropped completely is a rarity, it is a possibility if the case goes to court in front of a judge or jury.
Perhaps your DUI lawyer could find the lack of a probable cause, or an instance of police misconduct which be a major factor in the case being thrown out.
Whatever the method, having expert legal counsel by your side is a major advantage and could result in you being exonerated completely.
