If you are arrested and charged with driving under the influence of alcohol, you may think that hiring a criminal defense attorney is a waste of time and money. The breath test results that prosecutors rely on to prove intoxication are based on established science, so what’s the point of mounting a defense? Many DUI defendants feel this way, but they are misguided. Drunk driving cases are rarely as open and shut as they seem, and many of them are seriously flawed. Here are four reasons why you should always speak to a lawyer after being charged with DUI.
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1- The Penalties for Drunk Driving Can Be Severe
A drunk driving conviction can cast a long shadow. Motorists convicted of DUI pay heavy fines and can even be sent to jail, and the penalties are even more severe when drunk drivers are involved in accidents that cause serious injuries. The criminal justice system is adversarial in nature, so it would be unwise to face it without an attorney at your side who will advocate fiercely on your behalf. An experienced criminal defense lawyer will fight to get you the best outcome possible no matter how strong the evidence against you seems to be.
2- Toxicology Evidence Is Not Infallible
The breath-testing machines used by police departments are extremely sophisticated, but they are unreliable if they are not properly maintained and regularly recalibrated. This happens a lot more often than most people believe. Thousands of breath tests have been thrown out of court in recent years, and some prosecutors have even stopped using them. Breathalyzers are like any machinery or equipment and will malfunction or break over time so the results might be able to be questioned.
3- Prosecutors Are Usually Anxious to Make a Deal
Most district attorneys are highly ambitious individuals, so the last thing they want to do is lose in court. This is why they will do all they can to make a deal even when their cases appear strong. Criminal defense attorneys understand this, which is why they are often able to negotiate very generous terms for their clients.
4- Not All Traffic Stops Are Legal
If you are arrested for drunk driving during a routine traffic stop, you should not take it for granted that the police officer had a legal right to pull you over. Judges take the rights provided by the U.S. Constitution very seriously, and they will dismiss DUI cases when police officers initiated traffic stops without probable cause. A criminal defense attorney will know this, and they will check the police report carefully to make sure that the traffic stop that led to your arrest was legal.
You Are Not Alone
You will face the full might of the criminal justice system if you are arrested for drunk driving, but you do not have to face it alone. An experienced criminal defense attorney could study the evidence to make sure that the police officer who arrested you acted legally and that the equipment used to check your blood alcohol concentration was working properly. If the evidence against you is sound, an attorney could negotiate on your behalf to obtain the best outcome possible.