The law provides for all people accused of crimes to be innocent until proven guilty. This holds true for all kinds of offenses and offenders. In spite of these provisions, a person charged with DUI is more often than not presumed to be guilty. No doubt, DUI is responsible for a considerable number of traffic deaths every year. When intoxicated with alcohol or drugs, drivers are less aware of imminent danger and are unable to respond in time to avert it. Some drivers continue to be irresponsible and jeopardize the lives of innocent people on the roads. However, there are times when an accident may occur by chance, but the blame is shifted entirely upon an innocent driver. In such situations, it is very important to be aware of DUI defense laws. Drivers charged with a DUI offence have the right to choose a blood, urine or breath test when stopped by a law enforcement officer. This initial process goes a long way in determining the outcome of the charged driver’s defense and subsequent verdict.
It is not advisable to plead guilty to a DUI charge unless proven otherwise. An initial arrest is not enough to prove guilt. Accepting the charges can result in serious penalties, a criminal record and severe fines. In such cases, it is important to have a strong DUI defense. Accepting a BAC test is important. In case an officer on duty does not provide all the test options, it is a violation of constitutional rights, which consequently strengthens the defendant’s plea.
In some cases, an arrested person may even refuse field sobriety tests, as well as breath, blood and urine tests. Such actions result in a suspension of driving licenses for a year, fines and jail time. It is advisable to consult a DUI attorney and plan a defense strategy rather than being impulsive and arrogant with an officer of law.
A person charged with a DUI offense is referred to a probation officer, who conducts an interview. Based on this interaction, the officer makes suggestions to a judge who passes the final verdict. Whether one is guilty or innocent depends on the sentence a judge imposes. In order to make the defense strong, it is advisable to consult with a DUI attorney prior to interacting with the probation officer.
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