A DUI conviction can result in jail time, community service, the loss of your driver’s license, and a considerable fine; not mention the potential loss of your livelihood. However, there are ways to avoid a criminal conviction for driving under the influence.
Utilize Your Right to Remain Silent
The US Constitution grants suspected offenders with the right to remain silent. So, if you are arrested for driving under the influence, you must utilize your constitutional right or you may damage your defense in court. Whether you are innocent or guilty, you would best serve your case by remaining silent at all times and do not speak until you have a lawyer present.
Your Right to an Attorney
In addition to having the right to remain silent, you also have a legal right to counsel, which you can request immediately upon arrest. Even if a police officer has yet to read your rights, you should request the representation of an attorney, and the officer on duty will have a legal obligation to contact an attorney on your behalf.
Consult a DUI Attorney
There is no reason why you cannot change lawyers during a DUI case. It is essential you hire an experienced DUI attorney in Oregon, or a different state, who specialises in cases like yours. This will ensure they understand the legal processes associated with your case and can easily spot any gaps in the case that could throw out a conviction. So, do not settle for a general lawyer and opt for an DUI attorney as they specialize in DUI charges. For instance, an attorney could argue the arresting officer failed to offer your Miranda Rights, or that the officer forced a person to take a BAC test.
Learn the Law
To effectively beat a DUI charge, you must expertly navigate your way through the complex areas of the law – which is why you need the help of a talented DUI attorney. The decisions you make could secure a conviction or acquittal.
For example, an arraignment hearing will provide an opportunity for you to enter a plea against the state’s charges against you. You can therefore choose to plead guilty, not guilty, or no contest. It is common for most people to plead not guilty at the hearing, as they can always enter a guilty plea at the trial.
A DUI attorney can advise you on how to act at the preliminary hearing, and could also challenge state-collected evidence that will be used against you during the filing of the pre-trial motion. For example, an attorney could argue the results of a BAC test were due to defective equipment.
The key to beating a DUI offense is to build a strong case against the state charges against you. If you do not have legal experience, it would be a wise decision to contact an attorney with extensive knowledge of DUI law, so they can provide the best argument for your case in court.