Do you actually need a DUI Lawyer?
As you are aware, alcohol impairs our decision making and leads to choices such as driving under the influence, followed by trying to find and hire a qualified DUI Lawyer. Because there are times when this unfortunate decision can possibly result in an arrest and DUI charge. But what do you do after you have been arrested for a DUI charge?
The most important step after being arrested for a DUI is to hire an DUI attorney immediately. A lot of people assume that DUI cases are quick and straight forward. However, DUI law and proceedings are complicated and vary on a case by case basis. If you have no experience with the law, it can be difficult to see any viable defenses for your case or any way to minimize the consequences. There are also numerous aggravating circumstances that can make your DUI case harder to defend by yourself, especially if you are not aware of what the circumstances and consequences are. A DUI Lawyer is well versed in the law and legal proceedings that accompany a DUI charge and can therefore help you obtain the best outcome.
Refusing To Be Tested?
A common aggravating circumstance for people and their DUI charge is the refusal to submit to testing after being pulled over. You may have heard others advise that if you are pulled over to just refuse to take the test in order to avoid incriminating yourself. However, this can do more harm than good. In the state of Kentucky, under KRS 189A.103, once you obtain a driver’s license you are giving consent to allow blood, breath, and urine tests to be conducted after being pulled over in order to determine your blood alcohol level. This means you are expected to comply with the tests given to you by police. If you refuse to take the test after being pulled over, then you are in violation of the statute and as a result risk incurring harsher penalties.
A common aggravating circumstance for people and their DUI charge is the refusal to submit to testing after being pulled over. You may have heard others advise that if you are pulled over to just refuse to take the test in order to avoid incriminating yourself. However, this can do more harm than good. In the state of Kentucky, under KRS 189A.103, once you obtain a driver’s license you are giving consent to allow blood, breath, and urine tests to be conducted after being pulled over in order to determine your blood alcohol level. This means you are expected to comply with the tests given to you by police. If you refuse to take the test after being pulled over, then you are in violation of the statute and as a result risk incurring harsher penalties. Upon your refusal you will immediately lose your license and your refusal to take the test can be used against you in court as evidence you were operating a motor vehicle under the influence. You will also be subject to a longer jail minimum, double the amount you would receive if you took the tests. Further, you will be unable to obtain a hardship license. However, if you do refuse and find yourself lost in how to proceed forward, hiring a DUI Lawyer will help you to the next step of getting the best outcome for your case. They may find aspects of your case, even with your refusal to take the tests that could result in a full dismissal.
What Happens After A DUI Stop?
Once you have been pulled over and charged for a DUI, you will typically go through a series of steps before you can put everything behind you. First, after being pulled over, you will most likely be arrested and taken to jail. Even for first time offenders, it is becoming mandatory for people arrested on a DUI to serve a minimum jail sentence anywhere from two days to up to three years, depending on whether the charge is being enhanced. You will also receive a fine that you have to pay and will have your driving privileges revoked in court if you did not have it confiscated immediately. The most significant step is that you will have to go to criminal court for sentencing and punishment. This is where it is highly beneficial for you to have aDUI Lawyer as they can defend your charge better than you can and can help you receive a lesser punishment.
While the steps you take to rectify your mistake of driving under the influence may seem straight forward, it is actually a long and complicated process. Each DUI case is unique and handled differently in court depending on a variety of factors (i.e. aggravating circumstances or previous offenses). That is why it is vital to consult with an attorney once you have received a DUI charge. Attorneys who are experienced with DUI proceedings can help you adequately defend yourself and prevent you from serving jail time. If you go to trial it is in your interest to have an attorney as they have more legal experience and knowledge and better equipped to defend you. Even if you do not go to trial and enter into a plea bargain, having an attorney is critical in insuring you receive the best deal you can. Whatever the circumstances of your case are, it is important to not delay finding an attorney as they can be the difference between having a license suspension or going to jail.
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