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The following article was published in our article directory on April 12, 2013.
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Article Category: Advice
Author Name: Jim Slim
Different states have different laws on driving and drinking, but building a strong DUI defense will involve the same processes regardless of the area in which you have been arrested for such a violation. Any individual who has been accused of a crime has the opportunity to fight for his or her rights with the help of a criminal defense attorney as required by law, but an individual is still responsible for exerting some effort on his or her part to get the case moving, hopefully towards a favorable conclusion.
If you have been charged with driving and drinking, here's what you need to do:
Before you choose a DUI defense attorney who will take your case, you should collect copies of the citation and any other official police report documenting your actual arrest. There's a possibility that the details or lack of details in a report can be used in your defense and may even get the charges against you dismissed as early as your first courtroom appearance. An example of this is when the contents of a report are so vague that it fails to paint a clear, unbiased picture of your arrest.
After you have chosen an attorney, describe to him or her precisely what you had been doing before your arrest. If you had been drinking before you got behind the wheel, describe where and when you were drinking as well as the amount of alcoholic beverages you consumed and your reasons for doing so. Whether you had a lively after-hours get-together with your buddies or you had just been drinking alone to wash away the stress after a long day at the office, the circumstances could possibly lessen the gravity of the charges. If you haven't been drinking, mention the fact that you are on medication that somehow impairs your driving ability.
Describe what happened during the traffic stop from beginning to end. Tell your attorney whether or not your Miranda rights were adequately explained to you as well as which field sobriety tests you were asked to perform. If your attorney has enough reason to believe that both steps were incorrectly administered by the police, he or she can contest those in court and possibly have the charges dropped.
Also remember to inform your attorney if you have a medical condition that most people may mistake for intoxication. It's possible that the police were more concerned with getting drunk drivers off the streets that they overlooked the fact that there are other reasons for people to behave in an unusual manner. Having enough proof of this can enable your attorney to contest the charges against you.
As you tell your DUI defense attorney what you think he or she needs to know about your driving and drinking case, you should also talk about details that you feel he or she does not need to know. No detail is too small for your attorney for as long as it is the truth and it has a reliable basis. There's a chance that the information you first thought was negligible will actually be the key to sparing you from a guilty verdict.
Keywords: dui defense, driving and drinking
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