When you are arrested for a DUI, there will be a court hearing. Naturally, you will feel nervous about this, but your lawyer should walk you through the process to build up your self-confidence. However, there are some questions that you should ask your lawyer before going to court.
1. How should I plead? Most of the time, you would want to know what to say and even if you are guilty, plead “Not Guilty” unless your lawyer tells you other wise. There are many factors to consider when making a DUI arrest and if your rights were violated during this time, you can challenge the accusations and get your charges dismissed. This is something that your lawyer would have discussed with you before the trial.
2. What should I say? Basically you should say nothing. When you are read your rights and told “you have the right to remain silent”, listen for the next part which says “anything you say can and will be used against you in a court of law”. Basically you are told to be quiet and why you should do so. Many people often do not listen and as result, make admissions of their responsibility to the officers, leading to a difficult day in court.
3. Are BAC tests accurate? Unlike the breathalyzer, which tests are not accurate and have a history of being wrong, BAC is often right and the proof is often admissible in court. The alcohol level in your blood cannot be faked, making this the best test to convict a DUI offender.
4. Representation. Get a professional DUI Lawyer instead of one appointed by the court of law. You can represent yourself, but if you do and you plead guilty, it means you will be accepting the full punishments without any reduction in jail time or fines. Even if you have a legal background, self representation is still a bad idea and using a lawyer appoint by the court is equally as bad and damaging as these lawyers will have a lck of skill and experience to help you.
5. What would it cost? The lawyer’s fee will not be cheap, but take a look at what you stand to lose if you have to go to jail. If you are willing to take the risk and lose most of what you have, you don’t need a lawyer. But, with all the payment plans that law firms are offering, you can afford to hire a reasonably good lawyer.
6. What about the officer, the evidence, and the charges? Will that be challenged?
Your lawyer would already have a plan to make sure your case is dropped. He/she will need to create reasonable doubt about the way you were treated and the way the evidence was collected by the police. Once there is doubt, a conviction is impossible.
A DUI case is not as easy as you think. You have your rights and if you feel that these rights were violated in order you to convict you to a crime you did not commit, it is time for you to prepares your defense strategies.