Drinking and driving is a serious offense in every state, and offenders aren’t easily exonerated by the legal system. However, not every DUI case is cut-and-dry. There are several factors that must be considered before someone is handed out a punishment.
An experienced Redding DUI attorney understands that many motorists who are cited for driving under the influence have never had a run-in with the law before, and it can be very scary to think about what comes next. Below are answers to some of the most common questions attorneys hear when working with alleged DUI clients.
What is BAC?
When involved in accusations of driving under the influence, the term BAC is likely to be heard over and over, which refers to blood alcohol content. The legal BAC for an adult over 21 is 0.08 and will help to determine the validity of a drunk driving charge. If it is established through a urine, blood or breath test that a driver is over the legal limit, law enforcement has cause for an arrest.
Does the Law Require Me to Take a Field Sobriety Test?
Field sobriety tests are a way for officers to further build a case against a suspected drunk driver and can be administered in a variety ways. It is important to note that drivers have full discretion on whether or not they choose to participate in these tests, though they are rarely made privy to this information. Police officers may choose to see refusal as an admission of guilt but cannot legally penalize someone for doing so.
What Are Some Common Punishments For Getting a DUI?
DUI punishments can include hefty fees, suspension of license, significant increase in auto insurance, community service, probation, attendance of an alcohol education program, the installation of an ignition interlock device, and sometimes, even jail time. Of course, consequences will vary depending on the state the offense was committed in, the driving record of the individual in question and other circumstances related to the case.
Although it is common to plead guilty to DUI charges, it is not absolutely necessary in every situation. If there is not enough proof to support the claims against a driver, there is very real potential for them to walk away with no or minimal punishment. This is why the advice of a DUI attorney comes in handy before admission of any guilt.
Do I Need a DUI Attorney?
Whether or not a defendant has chosen to plead guilty, a DUI attorney can make a big difference in the outcome of the proceedings. A lawyer is needed to assist with defense strategy, identify cracks in the case and help to get so-called evidence dismissed. Even those who accept responsibility in a courtroom can have the charges substantially reduced with the counsel of a good attorney.
The first step to staying out of DUI trouble is to do whatever you have to do to keep yourself from getting behind the wheel after having a few drinks, but if you find yourself facing these charges one day, don’t hesitate to contact your Redding DUI attorney for help.
If you are unsure as to whether or not you need to hire a Redding DWI and DUI Attorney, call the offices of Mark H. Cibula, Attorney at Law, for a consultation.