3 Steps Criminal Defense Attorney Hopewell VA Has Follows When Solving DUI Cases

There are few crimes in the US with implications that are more serious than being caught driving while intoxicated. This fear is made stronger by the stringent measures that law enforcement officers take against people arrested on DUI charges. As a matter of fact, more than 85 percent of the DUI arrests made in the US annually end up in convictions. The conviction rates differ from state to state, but it is generally not easy to walk free after a DUI charge. In case you have been arrested for DUI, it would be advisable to get the most competent criminal defense attorney Hopewell VA has to represent you. Here are the steps that the professional follows.

The process starts with the arrest. For a DUI charge to be brought against you, the traffic officer that arrests you must have a solid probable cause for flagging you down. This includes issues such as a broken taillight, running a red light, weaving carelessly through traffic and other related offenses. In case you are stopped, and there is no probable cause, any DUI charges brought against you will be easy to dismiss.

After the flagging down, the officer may notice that you are intoxicated. At this point, they will ask you to step out of the car so they can conduct field sobriety tests. The common tests include counting backwards, standing on one foot, and walking in a straight line among others. In case you are found to be intoxicated, your Miranda rights will be read to you, and an arrest will follow.

Step two involves blood alcohol testing. After the arrest, the officer will take you to a hospital, police station or jail for a blood alcohol content test or BAC. If the tests results show a 0.08% alcohol level or higher, you may get driving with excessive BAC charges. Refusal to take the test will lead to an arrest and a refusal charge. In case the alcohol test results are less than 0.08, you may be required to take other blood and urine tests for drugs.

If you are found to have been driver under the influence, you lose your license pending the case. The original license is sent to the DMV and you are issued a temporary pink slip. The suspension takes full effect after a period of 30 days. The officers that arrested and tested you will compile evidence and present the file to the DAs office. These are the people who will decide whether to charge you or not.

The case starts after the prosecutors file charges. You will be needed to choose between a private DUI lawyer and a public defender. There is also the option of self-representation, which is not recommended. It is better to opt for the PDA or the private DUI attorney. Hearing dates are set so you can get a chance to defend yourself.

The lawyer can decide on several different defense lines depending on the evidence presented. The first popular one is challenging the evidence that has been presented. A second option would be claiming that you were arrested without a probable cause. The lawyer could also decide to question the qualifications of the people that administered the tests.

When a lawyer has spent many years dealing with DUI cases, they will know the right line of defense to use. A well trained and experienced lawyer will know the strings to pull to make sure you get a conviction.

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