If you've been hit with a DUI charge, you might want to consult with a lawyer to help you figure out what's worth fighting and what isn't. These decisions can have significant costs and consequences.
Not Worth It
Focusing your time and resources on what's worth fighting requires a level head and wise counsel from an experienced DUI attorney.
Tests: whether you submitted to a field sobriety, blood, or urine test, very rarely are you able to dispute the results. Regardless of how unfairly you think the authorities might have treated you or how bogus you might think the test results might be, if the law enforcement officer shows up in court, the judge will almost always side with them. Wasting your time and money on a defense attacking the test(s) you might have failed can feel good, but it will generally yield very few results and cost you hours in attorney fees, court costs, and time.
Facts: the basic facts of your case also likely aren't worth disputing. For instance, if you feel like you were pulled over and/or cited for a moving violation that you didn't commit, how are you going to prove your innocence? Similar to the aforementioned advice about tests, the facts of your case are almost always conferred by the courts.
Worth It
Even if you concede the charges leveled against you in a DUI case, you still fight many of the conditions sometimes imposed by judges.
Reckless driving: if this is your first DUI citation, you were cooperative with authorities, you didn't commit any additional serious moving violation, and you're willing to plead no contest, your DUI attorney can often negotiate a lesser charge of reckless driving. Although a reckless driving charge can carry some hefty fees, potential suspensions, court-mandated courses, and more, a reckless driving charge can be expunged from your driving history more quickly and carries less of a hit on your auto insurance.
Work exemptions: if you are the primary income earner in your household, your DUI attorney can advocate for an exemption to allow you to drive to and from work. Stipulations around these exemptions can sometimes be stringent, but your attorney can argue for reducing the length of the probationary driving period pending a clean driving record. Providing tax documents that show your income, providing copies of your employment contract, and getting a letter of recommendation from your employer can all help your DUI attorney substantiate your case for granting the exemption.
Dependents: if you are the primary source of transportation for your child, children, or other dependents, your DUI attorney can lobby the court to grant you driving exemptions that include your dependents. For instance, if you normally take your grandmother to her doctor's appointments, a judge can empower you to continue transporting her. The same goes for taking your dependents to school or day care.
Drug Testing: many states require DUI offenders to have breathalyzer-dependent ignition devices installed on their vehicles. Not only is the installation expensive, but the monthly monitoring isn't cheap, either. The more cost- and time-effective deal your DUI attorney can strike on your behalf is submitting to monthly drug tests. Although you will still need to carve out time for these monthly appointments and pay for the testing, the cost can be a fraction of the breathalyzer ignition systems.
Community Service: some jurisdictions are willing to reduce the length and severity of the fines and punishments leveled against you if your DUI attorney is able to engineer a partnership with a local charity or community outreach program. When arguing that community service is a better option than mandatory DUI education courses or lengthy suspended sentences, your DUI attorney will need to establish that you can be trusted to follow through on your promises.
To learn more, contact a DUI attorney.
