Role of a Howard County DUI Lawyer
There are two alcohol-related offenses that can affect someone in Howard County. One of the roles of a Howard County DUI lawyer is to explain the difference between the two. There is DUI and there is DWI. DUI, driving under the influence, is a more serious offense and carries up to a year in jail and 12 points on someone’s license. If someone blows over a 0.08, a DUI charge can occur.
DWI is driving while impaired by alcohol. It is a less serious charge, carrying 60 days in jail and a maximum of eight points against someone’s license. One big misunderstanding is that many people think a 0.08 BAC level is the legal limit to drive, which is incorrect. Under 0.08, someone can still get a DUI. There have been individuals who get charged with driving while impaired by alcohol. An experienced DUI attorney would have more information on the subject.
Actions a DUI Lawyer Can Take
A lawyer’s job is to defend person’s rights in court. There are protocols the police must follow in regards to any DUI arrest, and if the police did not follow through or follow what is required by law, it makes no difference how impaired or under the influence the person may have been. It should be a challenge to the state’s case and the person should be found not guilty. The first approach, in any DUI or any case for that matter is to analyze, “Is there a legal or factual defense that can be available to challenge at trial regardless of whether the person was impaired or not?” That is the first angle and the first thing that an attorney could do is to assess everything as to the viability of going to trial.
Challenging Constitutionality of Evidence
A lawyer will challenge the accuracy or constitutionality of evidence. Two defenses that exist in a typical trial. There are factual defenses and legal defenses. Legal defenses deal with the constitutional rights of an individual. Did the police conduct a valid traffic stop? If they did not, then an attorney can challenge the legality of the stop, and it does not matter how impaired the person may have been. None of that evidence comes in because there was an illegal stop.
Even if the police did not do anything illegal, constitutionally speaking, there could be defenses that involve certain facts that do not work with evidence. If a person did relatively well in the field sobriety tests, the breath machine was not working very well, the police merely smelled alcohol and a few minor things, a factual defense could be used to challenge whether the evidence can be proven beyond a reasonable doubt that the person was under the influence or impaired. If the facts will not support that, they can go to trial and challenge the sufficiency of the evidence. Challenging the constitutionality of a case is the role of a Howard County DUI lawyer.
Negotiating with Prosecutors
Another role of a Howard County DUI lawyer is negotiating with prosecutors for probation before judgment, deferred sentencing, alcohol-monitoring devices, or other negotiations that can reduce or mitigate the damages. In the instance that a person is charged with a DUI, an attorney will try to mitigate or control the damage. A Howard County DUI lawyer can work towards alcohol assessment, education, or interlock installation to mitigate consequences. To present why a person deserves their charges mitigated, a lawyer can get a full background history profile to show that a person has a generally good disposition. The role of a Howard County DUI lawyer is to work towards the best outcome for a person.