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How You Can Prevent a Lifelong Criminal Record with the Help of a DUI Lawyer

How DUI Lawyer Can Help

By GlennrrodermanPublished about a year ago 5 min read
Facts About DUI Law

When faced with a DUI allegation, one is flooded with emotions since it is a serious charge that may forever taint one’s criminal record. Obtaining a DUI conviction would hinder one from seeking employment, applying for housing, and even having a normal social life. Thankfully, some professionals specialize in handling DUI cases and can help develop tactics that will minimize the impact of the DUI charge, preventing one from being added to the criminal records. We will look at the few ways a DUI attorney can support and defend you from your complications, including a plea bargain, expungement, and sentencing alternative programs.

1. Understanding the Seriousness of a DUI Charge

Driving under the influence (DUI) is a criminal act that warrants severe punishment if proven. Even on the first offense of driving under the influence, a person may still incur fine levels, loss of driving privileges, and in some instances imprisonment. Worst of all, a DUI conviction is one of those that usually becomes part of a public criminal record, which may result in grave consequences. A DUI attorney can review your situation and inform you about the threats you will have to deal with. They can also tailor a plan that seeks to prevent or mitigate the consequences of a charge that has been filed against you.

2. Advantages of Hiring a DUI Lawyer

When one has been arrested on DUI charges, it is very important to have an attorney advocate. DUI attorneys concentrate on these matters and they know the local DUI laws, the law enforcement strategies, and the courts. They know the available strategies for combating the prosecution such as plea negotiations and charge reductions. The importance of such knowledge and skill cannot be overstated, as the outcome of the case can significantly be altered.

3. Plea Bargains: Reducing Your Charges

Another common way DUI attorneys assist their clients in avoiding a stain on their criminal record is through engaging in plea bargain negotiations. Plea bargaining is when an accused person pleads guilty to a reduced or lesser charge in consensual arrangements between the accused and the prosecutor.

A DUI attorney may provide the following assistance:

Negotiating with the prosecution: Attorneys skilled in DUI law know how to negotiate effectively and present compelling arguments for a reduced charge.

Presenting mitigating factors: There may also be some factors that could minimize the level of blame you take, such as a very low blood alcohol level or no previous convictions, and a DUI lawyer South Florida can use these points to support the request for acceptance of the plea bargain.

4. Expungement: Clearing Your Record

For individuals who have a previous DUI conviction, particularly those wanting to smooth over the blemish in their record, it is possible to consider expungement with the help of a DUI lawyer. An expungement is a form of relief that seals a conviction effectively allowing a person to remove the conviction from his/her criminal record and making it untraceable to some background checks. This is especially useful in the case of seeking jobs, finding a house, and generally any other activity that a criminal record may affect.

Although the rules around the expungement of arrest records vary for different states, in most cases the following would apply:

  • You have completed all terms of your sentence, including probation and fines.
  • You have stayed out of legal trouble since the conviction.
  • Sufficient time has passed since the conviction.

A DUI lawyer Fort Lauderdale will assist you with the process of filling out the forms for expunging and will also explain to you when and how you qualify for expungement.

5. Alternative Sentencing Programs: Avoiding Jail Time and Convictions

Several states have alternative sentencing options that are available for DUI offenders, especially for first offenders or offenders with lower blood alcohol content. Most of these programs usually enable the individuals to avert serving a jail term and in certain instances, a lasting criminal record. A DUI lawyer can tell you whether you can enroll in one of these programs, and help you fill out the paperwork. Some of the available alternative sentencing options are:

Diversion Programs: Generally, diversion programs substitute conviction with counseling, education, and/or treatment for alcohol or substance abuse. After successful completion of the program, the initial charge may be less severe or dropped altogether.

Alcohol and Drug Education Programs: A great number of the courts acknowledge that the participation of the criminal offender in some kind of alcohol education program reflects his or her wish to change in a positive way. This is in most instances appreciated by the courts. Therefore, it may have bearings on the sentences passed or even the chance of plea bargain arrangements.

Probation or a Temporary Withholding of Judgment: In some instances, probation or a temporary withholding of judgment may be offered by some courts. This means that even if you are convicted of a DUI, it will not appear on your record as long as you satisfy the conditions of probation without committing another offense.

6. Challenging the Evidence: Fighting for Dismissal

DUI cases are often built around the evidence from a breathalyzer, field sobriety tests, and various police reports. A Fort Lauderdale DUI defense lawyer will analyze the evidence and will fight against the evidence if there are reasons for doing so. For example:

Breathalyzer Calibration and Testing Procedures: Every breathalyzer device manufactured needs to both be calibrated as well as be administered properly for the results to be a true reflection of the person tested. If there was an error in administration or calibration, all the evidence obtained should be thrown out says your lawyer.

Field Sobriety Test Administration: Field sobriety tests must be conducted by trained professionals according to strict guidelines. If your lawyer finds inconsistencies in how these tests were administered, the evidence could be deemed unreliable.

Reasonable Suspicion for the Detention: Police need a valid reason, or probable cause, to stop your vehicle. Therefore, if an officer stopped your car without any legitimate reason, any evidence that was collected might be thrown out, which could potentially result in the dismissal of the entire case.

7. Safeguarding Your Interests through Legal Assistance

There are many different elements to consider in the legal framework of a DUI case, but the proper defense attorney for the case is the most useful resource to have. They know how to spot mistakes in procedure, where it is possible to accept a less serious accusation, and how to file other petitions like sealing records or getting different sentences in order not to have an impact on my life. If you work with a Fort Lauderdale DUI defense lawyer, you are more likely to achieve the best possible result in your case, allowing you to take a step in life where a criminal conviction does not hold you back.

With professional guidance and an effective legal strategy, you can minimize the impact of a DUI charge and take steps toward preserving a clean record.

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