The Downside and Upside of Getting a DUI

Getting a driving under the influence (DUI) charge is life changing. It can mean fines and loss of driving privileges unless it is not a first DUI then jail time can be a part of the consequences. That is the downside of this driving infraction. The upside is that with an experienced legal defense the harshest penalties might be avoided with the help of a legal professional. 

What to Expect? 

When stopped and charged with driving under the influence it is unlike other traffic infractions since it is an illegal action to drive while being under the influence of alcohol. There is not a ticket to pay instead there will be a hearing in which the driver can be fined, lose driving privileges, and even face time in jail. A first DUI will not have the harsh penalties of a second or third driving under the influence infraction. The second or third DUI will have a jail sentence, a longer loss of driving privileges and higher fines. 

When going to the hearing having legal representation is a wise idea, since there are ways to defend against this kind of charge that will take a lawyer specializing in driving under the influence. 

Elements of DUI Charging

When a driver is stopped by police on suspicion of driving under the influence one of the most common requests is for the driver to submit to a Breathalyzer test. This is an instrument used to measure the blood alcohol level, and it has a level of inaccuracy, which can be a point that a lawyer can use to the person they represent benefit. The instrument must also be calibrated regularly to make certain it is within an acceptable level of accuracy. If it has not been calibrated, this can further prove the driver’s reading from this test could not be exact. 

Even when a urine test is required by police a skilled dui attorneys Carrollton GA professional can question the results of the test since the amount of time it takes to do the urine sample for testing can be inaccurate. The testing can take hours allowing the alcohol to raise the blood alcohol level. Errors can also occur with the testing that can be questioned about its legitimacy. 

Although this may not have the charges dropped, it can lessen the consequences when the results of the charges are questioned with evidence to back up the defense of the testing performed or the actual on the scene event. Because the testing may not always be accurate or administered correctly, it can be a benefit to the defense of the DUI charge. This defense the average driver would not have the skills to prepare on their own. 

Each state differs in the consequences but a general rule for all states is the law for driving under the influence is a 0.08 blood alcohol level results in a DUI. The loss of driving privileges and fines are the general ruling that will be imposed on the driver. 

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