Being wrongly accused of a DUI can be one of the most challenging and frustrating times in your life. Not only are you accused of breaking the law, but you are up against prosecutors that don’t give many breaks to DUI suspects. Their job is to convict.
Each state sets their own laws when it comes to charges of DUI and other traffic offences, so you need to be aware of the applicable DUI laws for the state in which you are in. Concord attorney’s at The Law Offices of Johnson and Johnson urge clients to also remember that the penalties for a DUI conviction will vary also, so when you are charged with a DUI, you are faced with financial penalties, loss of driving privileges, and possible jail time. Hiring an experienced DUI attorney is the only way to level the playing field.
Getting Caught in the Presumption Net
When you are charged with DUI, even though you are not over the legal limit, it is presumed by the arresting officer that your responses to DUI testing were indicative of intoxication. One Concord DUI attorney points to you testing below the legal limit and still being arrested and charged because of your actions during the stop, or your reactions to sobriety tests. Successful defense against this system relies on the sometimes faulty training or inexperienced eyes of police officers.
For example, if your BAC, or blood alcohol content, is under the legal limit, but you exhibit behavior that an officer believes indicates you have consumed drugs or alcohol, you are presumed to be impaired. That leaves a tremendous amount of room for error. If you are on prescription medication, or you have problems with balance that cause you to perform badly in sobriety testing, you could be charged with DUI regardless of your BAC. Police officers will not be interested in any excuse you offer in the moment.
Defense Attorneys and Prosecutors
Now, bear in mind that the responsibility of proving your guilt lies with the prosecutor. Juries and judges have a responsibility according to the law. They must find you guilty beyond a reasonable doubt. Therefore, it is down to your defense lawyer to provide sufficient doubt over your guilt that they cannot pass a guilty verdict. For example, if you are stopped in California, an experienced Concord criminal lawyer can show them that you were charged in error by creating doubt concerning the officer’s presumption of impairment by questioning his training, experience, and testing methods.
It is comforting to believe in the fairness of the Prosecutor’s Office. In fact, most prosecutors don’t want to convict anyone of a crime they did not commit, but their first priority is prosecuting people charged with crimes in their state. It is not their job to prove you are innocent. It is their job to prove that you are guilty, and if they think they can convict, they will move the case forward. You need the skill and experience of a DUI lawyer to go up against the prosecutor working to convict you.
When you face the system without an attorney you are giving up opportunities to negate this false charge sooner rather than later. An experienced attorney can sometimes avoid trial, or get an acquittal by demonstrating that your stop was illegal, or a medical condition or medication played a role in your behavior. Make sure you are represented by an experienced lawyer. When you are charged with DUI, you should never try to go it alone.
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