Finding a Defense for Your First DUI Charge
When you are in a car accident and arrested for your first DUI charge, there is some information that you need to know about in order to get a positive outcome. You are stuck with a limited window of chance in which to request a hearing with the Department of Motor Vehicles. Each state has different requirements on how much time you get to do this, but the window is usually between seven to ten days from when the arrest was made. If you do not make this request, you will automatically receive a suspension of your license, and you can’t request a hearing later on. So based on that information, if you were involved in a DUI offense, it should be your top priority to get in touch with a DUI lawyer today!
If this is your first DUI offense, it is essential to get an attorney on your side from the beginning. They provide relevant info, walk you through the process and explain what steps you need to take to avoid this slip-up taking over your life. With the right DUI attorney, you will be able to clear your record and avoid being stuck without a license for some time, as long as you follow their advice and do not drive drunk again.
What is my defense against these charges?
A skilled DUI attorney will be able to take a look at the evidence of your case and decide how to go about your case. Even if you got a high reading on a blood alcohol reading, for example, does not mean that your attorney will not be able to come up with a defense for you. Many times, the best and easiest defense, especially after the first charge of DUI, is to question whether the testing equipment was working properly.
Your DUI attorney can request to see information about the maintenance and calibration history for whatever machine was used to test you. If the machine is not up to date or there are some problems with it, then the reading could easily have been inaccurate, and that evidence is thrown out. If the BAC reading is thrown out, it is very hard for the other side to prove that you were indeed driving while intoxicated.
If you had submitted to a blood test before the charges were given, a DUI attorney would then be able to try obtaining a sample of blood and sending it to their own laboratory to perform the tests again. There are certain steps and standards that must be followed by this kind of evidence. If your attorney is able to prove that these standards were not followed, it will void out the blood test that you did to start.
The good news for you is that with this case, the burden of proof is going to lie with the prosecution, not with you. For you to be convicted of a DUI, the prosecution must be able to prove that you are guilty beyond any reasonable doubt. If your DUI attorney can question the breathalyzer or the blood test, the prosecution’s job becomes much harder.
How to prepare for your first DUI defense
If you decide to defend yourself against a DUI charge, it is important that you prepare ahead of time as much as possible. Having a good DUI attorney is a good place to start, but some of the other steps that you should take to help bolster your case include:
- Make sure to request a hearing. If you do not do this within seven to ten days, you automatically lose your license.
- Talk with your attorney: Let them know everything you can about the case and what happened before or after you were stopped.
- Submit to the tests for your attorney. If your attorney would like to do a blood test or something similar, submitting to it can help your case out.
- Show up on time. Whether you are meeting with your attorney or showing up for the court, it is important to be responsible and show up on time. This can give you a more favorable outcome, especially if this is your first DUI charge.
For those who are experiencing their first DUI charge, it is usually easier to get the charge reversed or dropped, as long as you work with a good Athens DUI attorney and you make it a point never to drink and drive again. If you are dealing with charges of DUI, make sure to contact our team today to talk about your case and discuss how we can make the perfect defense for you.