For many people, a DUI is their first arrest and criminal charge. A DUI can have serious consequences, including jail time, fines, late fees, community service, and loss of driving privileges. Also, people with DUI convictions on their records find their motor vehicle insurance premiums skyrocketing, if they can get insurance at all. Finally, a DUI conviction becomes a permanent part of your driving record for life, there for potential employers to see every time you apply for a job.
If you have been arrested and charged with drunk driving or driving under the influence, you are facing criminal charges that have serious and lasting effects on your life. Call an experienced DUI lawyer or DUI lawyer right away.
Once you have retained an experienced DUI attorney, you will need to work quickly to prepare your case for your first hearing or preliminary trial; obtain a copy of the police report and videotape, review the evidence, and develop legal and factual defenses. They must subpoena the police officer and question him as part of our effort to explore every avenue to find every possible weakness in the state’s case against you.
It may also be necessary to obtain medical records, accident reports, cell phone records, or prescription drug records. The sooner the facts are evaluated by a DUI lawyer or DUI attorney, the better your chances of obtaining a favorable outcome.
If I’m pulled over and an officer asks me, “Have you been drinking?” What should I say?
One approach is to answer, “I’d like to talk to my lawyer.” No matter which DUI attorney you hire, this is usually the best answer.
If you say “No” and the officer smells alcohol on your breath, you have proven that you are a liar and your lie will be used against you.
If you say “Yes,” you’ve given the officer one more clue and you’ve already started making hurtful admissions. Don’t worry if the officer threatens to put you in jail. Often the officer has already made the decision to arrest you and take you to jail anyway.
How do I avoid being arrested for DUI?
Some people feel that the wisest decision is not to give a breath or blood sample. The officer will most likely tell him that he will be arrested if he does not take the breathalyzer or blood test, and that his license will be suspended.
What they don’t tell you is that if you blow yourself up or have a blood alcohol level of .08 (the legal limit) or higher, you’ll be arrested and your license suspended anyway.
Do I automatically lose my license when arrested for DUI?
No. If you have been arrested for DUI, act quickly and contact a qualified DUI attorney as soon as possible.
If my license is suspended for a DUI, can I get a license to drive to work?
In almost all cases, yes. Depending on your criminal and driving history, we can almost always obtain a restricted driver’s license that will allow you to drive to and from work. It will also allow you to drive between locations, if your job requires you to travel as part of your duties.
What are the main areas of concern in a DUI case?
1. If the suspension was constitutional,
2. If the administration of road tests was constitutional,
3. If there was Probable Cause for the arrest,
4. How the Miranda warnings will play a role in the case with statements and other evidence,
5. How field sobriety tests or other roadside tests were administered,
6. The administration, chain of custody and conservation of any given Breath or Blood Samples,
7. The constitutionality of search and seizure under the Tennessee and United States Constitutions.
You will soon have your day in court. It may seem like the odds are against him, but the state’s attorney has to prove his case beyond a reasonable doubt. That is a very high standard and an experienced DUI lawyer will fight to protect your rights, using all legal and investigative techniques at his disposal.