Most DUI cases result in a conviction or plea bargain because the defendant is guilty. Evidence of driving under the influence is easy for authorities to obtain. The results of a breathalyzer or field sobriety test are almost irrefutable in a court of law. This leads many people to make the decision of whether or not to seek legal advice.
legal advice
If it is your first driving violation, an attorney may not be able to help you. Why? Fighting a DUI charge makes little sense for a first offense if the arrest was legitimate. A good DUI attorney will almost always advise their client to plead guilty if the evidence against them is overwhelming.
Another reason an attorney will advise their client to plead guilty is because the penalties for a first offense are lax compared to a second or third. A conviction will result in suspension of driving privileges, a heavy fine, and state-mandated drug or alcohol reduction classes.
Penalties for repeat offenders
No matter the judge or jurisdiction, a first drunk driving conviction rarely results in a prison sentence. But what about repeat offenders? In most states, there is mandatory prison time for those convicted more than once. That’s why it’s almost always worth fighting the charges, or at least exploring legal options.
Different stages
An attorney may recommend different strategies in lieu of advocating a guilty plea. He may, for example, suggest that the defendant fight the charges in court if the blood alcohol content (BAC) was close to the legal limit, since breathalyzer readings are not 100 percent accurate. A conviction is less likely to occur if the reading was between .08 and .11. This uncertainty also makes it more likely that the prosecutor will be willing to accept a favorable plea deal.
Negotiation of prizes
If you are facing years in prison due to previous drunk driving charges, a good DUI attorney will be able to help you negotiate a sentence. This means that he can talk to the judge about reducing the charges or shortening the sentence. This is a privilege granted to those who have legal counsel, as attorneys rarely get involved in negotiating sentences with defendants who have no legal training.
For all of these reasons and more, it is imperative that you contact a DUI attorney if you have been charged with drunk driving more than once.