What to Expect for a Howard County First Offense DUI Charge

When a person is facing first time driving under the influence charges, they may not know what to expect for a Howard County first offense DUI charge. A first-time defendant can make mistakes if they do not have legal representation.

DUI charges in Howard County are typically heard in the district court. An experienced first-offense driving under the influence lawyer has the resources and knowledge to help you through this process.

Common Mistakes to Avoid for a First Time Defendant

There are several common mistakes that first time driving under the influence defendants that can be prevented. There are mistakes that can be prevented from the very beginning. Many people will think that they should always don’t blow, but what most people don’t realize is that an individual is entitled to ask for an attorney or to reach to an attorney before they decide whether to blow into the machine back in the station. They are not going to be given time to do a Google search to look around but they will be given a little bit of an opportunity.

If they know an attorney or if they have a friend who knows an attorney or can try to reach out within a reasonable time to reach an attorney, that is highly suggested so that the attorney can give, at least, a very basic assessment of whether it is appropriate to blow into the machine, and there are repercussions that go along with that. That is one angle to it. The other piece of it is that they believe that DUIs are not that big of a deal because they are so commonplace.

That, too, is a misinterpretation because even if it is a fairly minimal or run-of-the-mill first offense DUI, if the judge believes the individual is not really being accountable or thinks it is no big deal, they can suffer far greater consequences to that person. A person may not understand what to expect for a Howard County first offense DUI charge. Getting an attorney as a guide at the very beginning and being very proactive is also helpful, and the other piece is certain things that are available can be lost if someone doesn’t move right away so it is very imperative to have an attorney from the very outset.

DUI Process in Court

In the district court, there are no juries. Someone has to go to the circuit court to have a jury, but a DUI itself carries up to a year of incarceration and someone can elect for a jury trial if they wanted one but the case will be transferred to a different court. Here is the way it works: a prosecutor does not dictate what happens to a person; all the prosecutor does is make a recommendation to the judge based on the underlying facts and circumstances. A judge is not required to follow their recommendation.

A defense attorney can make a recommendation to see what is appropriate and what they want, and if it is realistic, sometimes the judge will go along with what the defense attorney says even if it is less than or different from what the prosecutor does. If the prosecutor and defense attorney are in agreement, which often times happens, judges will typically go along with it but a judge is not required by any means to go along with anything anyone recommends and make a decision that is completely different than what both the defense and the state are recommending.

Building a Defense

Howard County DUI lawyers can build strong defenses for individuals. There are several crucial factors that the attorney will consider and they will investigate for evidence. In a first-time offense or any other offense, the first thing to do is to assess the strength of the state’s case. “Did the police follow the proper procedure or protocol?”, “Are there any issues, whether technical or significant, that can compromise the feasibility to prosecute?” All these angles must be explored in order to assess whether or not there is the viability of challenging the state’s case and if it is, then they can go to trial. However, if the strength of the state’s case seems pretty solid, they could always explore other alternative routes to explore whether or not there are a secondary means of trying to put the defendant in a better position such as treatment, counseling to put them in a better light in the eyes of the judge and the prosecutor to ensure they get the best result possible.

An experienced attorney understands what to expect for a Howard County first offense DUI charge and can help you through this process. A DUI charge is taken seriously in Howard County and it is essential to have legal representation during this time. A skilled attorney can evaluate the evidence.