A DUI case can lead to the consfiscation of your driving license and severe charges. The first action to take after being arrested for DUI is to contact a DUI lawyer. Your attorney will listen to your case and educate you on your rights. They will also help you understand what to expect and what determines the charge conviction.
Here are the main factors that can affect a DUI charge conviction:
1. Your BAC level
The legal limit for adult DUI is 0.08%; often, the higher the BAC, the more serious the penalty. Anything over 0.15% justifies filing a criminal complaint. It is important to remember that if other restricted substances are involved, there are equal measures. The sentence will also be based on whether you are under the control of other drugs.
2. Driver history
Factors including age and prior offences are crucial when facing a DUI charge. For instance, a BAC of as little as 0.02% is required for a DUI conviction for juveniles or anyone under 21. Your driving history demonstrates how safe of a driver you are, which affects the outcomes. For example, you won’t face harsh punishment if it is your first DUI offence and your driving record is clean.
The charges might even be dropped. You can use tactics like entering a guilty plea and attending a court-mandated driver improvement course with the help of a DUI defense lawyer. This may result in the case being dropped or reducing the DUI to an OWI, which carries less severe penalties.
3. The vehicle
More severe penalties apply to commercial vehicles. Commercial vehicles are those that transport cargo for hire. A 0.04% BAC could result in the suspension or loss of your commercial driver’s license if you were operating a commercial vehicle. More than only the commercial license is impacted by anything above 0.08%. Also, the suspension or revocation of your driver’s license is possible.
4. Previous offences
The quantity of offences you have committed is a significant factor. The severity of the punishment typically increases with the number of convictions you have. The interval between infractions is also important. For instance, if convicted of a second violation within ten years, the sentence is ten days in jail; however, if convicted of a second offense within five years, the sentence is twenty days.
5. Your behaviour during the arrest
Your DUI case is also influenced by how you behave when being arrested. The prosecutor can use the test’s findings to demonstrate that you were intoxicated during the arrest.
When you are stopped for a suspected DUI, stay courteous and composed even though you might want to deny the tests.
6. Your choice of attorney
Although there are many DUI attorneys accessible, your decision is crucial. Some attorneys have great expertise and can zealously represent you in your DUI conviction. They might be familiar with the strategies that will best protect you and guarantee a successful outcome in court. This means that you should select the top legal representative in your state.
Numerous factors influence your DUI case. Additionally, You need an attorney to assist you in avoiding jail time if you are charged with DUI while driving. These matters can be challenging, but the lawyer will handle them and the related documentation. They will also defend you to ensure you receive a good conclusion.