Facing a DUI Charge – What will Your Lawyer Do?

After a person is arrested for DUI, he is brought in front of a District Court commissioner for a preliminary inquiry. Afterwards he goes on trial. The defendant has two options. He can plead guilty and then sentenced according to the severity of the charge filed against him.

Alternatively, the accused may decide to go on trial. In that case, his attorney will try to do all that he can to undermine the validity of the prosecutor’s arguments or question the legality of the arrest. For example, the lawyer may claim the arresting officer had no legal right to stop the driver and ask him to perform a field sobriety test. If he succeeds, in most cases the defendant will be acquitted.

Most lawyers try to undermine the validity and authenticity of the sobriety test since there is always room for doubt that it was not done 100% properly. The possible mistake of the officer who performed the test will ne emphasized.

What does the prosecutor do?

The prosecutor will goover the case thoroughly and make sure the arrest was made according to the book, otherwise he will not be willing to go to trial and aspire to a plea bargain. It is very important to make sure the officer has enough evidence that justify a field sobriety test (the driver reeked of alcohol or was disoriented)

Should you take a field sobriety test or a breath test?

In most states, a driver is not obligated to take any type of test to prove he is not drunk. However, it is important to bearin mind that a refusal to take a test may lead to harsher penalties. The officer at the scene has the right to arrest you and take your license justifying it by the risk you potentially pose to others.