Guilty: The Pros Of Hiring An Attorney
Why You Need To Hire An Attorney When Arrested For A DUI
If you've been arrested for driving under the influence, or DUI, you're probably worried and confused about what's going to happen to you. If you're like a lot of people, a DUI arrest is your first brush with the criminal justice system, and it can be scary. While you can represent yourself, it's best to hire a criminal defense attorney. Here's why.
The Plea
You're expected to enter a plea during your arraignment. Even if you know for sure you were intoxicated, it probably isn't a good idea to plead guilty right away. If you plead not guilty, you can always change your plea at a later time. Pleading not guilty buys time for your attorney to examine the facts of your case and build a strong defense. If you have an attorney at your side during the arraignment, he or she can offer advice over what you should plead and whether you should request a jury trial. An attorney can also shield you from pressure to make a quick plea that could harm you later. However, since an arraignment usually happens quickly after your arrest, you might not have time to hire an attorney. In that case, you're allowed to represent yourself. In most instances, it's probably best to enter a plea of not guilty when you haven't had time to speak to an attorney first. …show more content…
Plea Bargaining
One very important reason to hire an attorney is so he or she can plea bargain to get your charges or sentence reduced.
If this is your first criminal offense, the judge may be agreeable to give you a minimum amount of jail time. An attorney may even get your charges reduced from a DUI to something else like reckless driving. Plea bargaining is a good option when it is unlikely you'll win if your attorney tries to fight the charges. Before making the decision to plea bargain, the attorney examines the facts of your case to see if there are any details that can be used to have your case thrown out.
Fight The
Charges
Driving under the influence charges are brought when you have a blood alcohol reading of 0.08 percent. If you're driving a commercial vehicle, the limit is lowered to 0.04 percent. If you're under the age of 21, no amount of alcohol in your blood is acceptable. However, the closer your reading is to the limit, the better chance your attorney has to fight the charge. Even if your blood alcohol level is way over the limit, your attorney may find other ways to fight your charges, such as you not receiving your Miranda rights, the officer not having probable cause to stop you, or some other administrative error. An experienced criminal charges attorney can also gauge whether you'll have a better chance fighting the charges in front of a jury or a judge.
Even if you can't afford to hire an attorney to follow your case through to the end, you should consider hiring one initially for advice on how you should plea and whether you should plea bargain or fight the charges. Since the punishment for a DUI charge can be severe and include expensive fines, a loss of your driver's license, and jail time, you definitely want the advice of an experienced attorney rather than allowing yourself to be pushed through the system. If you try to represent yourself, you run the risk of getting automatic sentencing and the maximum punishment.
If you've been arrested for driving under the influence, or DUI, you're probably worried and confused about what's going to happen to you. If you're like a lot of people, a DUI arrest is your first brush with the criminal justice system, and it can be scary. While you can represent yourself, it's best to hire a criminal defense attorney. Here's why.
The Plea
You're expected to enter a plea during your arraignment. Even if you know for sure you were intoxicated, it probably isn't a good idea to plead guilty right away. If you plead not guilty, you can always change your plea at a later time. Pleading not guilty buys time for your attorney to examine the facts of your case and build a strong defense. If you have an attorney at your side during the arraignment, he or she can offer advice over what you should plead and whether you should request a jury trial. An attorney can also shield you from pressure to make a quick plea that could harm you later. However, since an arraignment usually happens quickly after your arrest, you might not have time to hire an attorney. In that case, you're allowed to represent yourself. In most instances, it's probably best to enter a plea of not guilty when you haven't had time to speak to an attorney first. …show more content…
Plea Bargaining
One very important reason to hire an attorney is so he or she can plea bargain to get your charges or sentence reduced.
If this is your first criminal offense, the judge may be agreeable to give you a minimum amount of jail time. An attorney may even get your charges reduced from a DUI to something else like reckless driving. Plea bargaining is a good option when it is unlikely you'll win if your attorney tries to fight the charges. Before making the decision to plea bargain, the attorney examines the facts of your case to see if there are any details that can be used to have your case thrown out.
Fight The
Charges
Driving under the influence charges are brought when you have a blood alcohol reading of 0.08 percent. If you're driving a commercial vehicle, the limit is lowered to 0.04 percent. If you're under the age of 21, no amount of alcohol in your blood is acceptable. However, the closer your reading is to the limit, the better chance your attorney has to fight the charge. Even if your blood alcohol level is way over the limit, your attorney may find other ways to fight your charges, such as you not receiving your Miranda rights, the officer not having probable cause to stop you, or some other administrative error. An experienced criminal charges attorney can also gauge whether you'll have a better chance fighting the charges in front of a jury or a judge.
Even if you can't afford to hire an attorney to follow your case through to the end, you should consider hiring one initially for advice on how you should plea and whether you should plea bargain or fight the charges. Since the punishment for a DUI charge can be severe and include expensive fines, a loss of your driver's license, and jail time, you definitely want the advice of an experienced attorney rather than allowing yourself to be pushed through the system. If you try to represent yourself, you run the risk of getting automatic sentencing and the maximum punishment.