Friday, January 27, 2017
DUI Will Get You In Prison and for Non-Citizens, Also Deported
Stringent laws are on the books in the United States to address the alarmingly high drunken driving statistics. A gargantuan number of people—over 100,000 to be precise—are charged with DUI (driving under the influence) or driving while intoxicated (DWI) every year and face the frightening specter of imprisonment and for non-citizens an even more frightening specter of deportation.
It is quite feasible, which is certainly encouraging news, that an experienced attorney will possess the legal machinery that will persuade the prosecution to drop or reduce the charges levied against you. You need an attorney to fight for you—to be your advocate.
If you are confronted with a scenario whereby you had a few drinks with some buddies and got behind the wheel of your car and are pulled over to the side of the road by police officers, and are subsequently arrested, here are some defenses that an attorney will employ:
The situation can unfold whereby there is no probable cause to arrest you. Let’s say, for instance, that your evaluation of the episode is such that you feel that you were placed in handcuffs due to such factors as race or ethnicity, an injustice that is increasingly being perpetuated in our multicultural communities. Consequently, any evidence that was seized while you were being arrested could be prevented from being introduced as evidence at trial.
A police officer is legally mandated to read you the Miranda Warnings. Simply put, the provisions of that document stipulate that if you face arrest, you enjoy certain rights, e.g., you have the right to remain silent, that anything you say be used against you and that you have the right to an attorney. Furthermore, it is possible that you may be able to exclude some evidence at trial if the arresting officer fails to comply with the provisions of the Miranda Warnings. As you can see, police officers can, and do, make mistakes.
You can challenge the arresting officer’s testimony regarding your behavior. Witnesses may play a pivotal role. The arresting officer should understand that your performance of the sobriety test might have been adversely impacted by certain variables which can result in an erroneous positive test result of drunkenness.
Police officers administer chemical tests to measure blood alcohol content (BAC) within your body, specifically in your blood, urine or saliva. The results constitute a major determining factor in the prosecutor’s case against you in a court of law. If you can successfully challenge the accuracy of these tests, the results may be deemed inadmissible at trial.
There is a likelihood that the arresting officer failed in his obligation to advise you that if you should refuse to take a chemical test, your license may be automatically suspended. If this is the case the test results might not be admitted in court or in a license suspension hearing.
If you are able to prove that the officer did not comply with these requirements, or that the machine was faulty, or that the technician was incompetent, you may be able to get the test results thrown out.
Even if this is just your first offense you will be understandably frightened and apprehensive about what will ensue. You won’t be facing harsh penalties, but you may be confronted with additional charges if (a) you are underage; (b) there was a minor seated in your vehicle; (c) your blood alcohol level was excessively beyond the legal limit, also known as an aggravated BAC; (d) you caused a traffic accident; (e) you were involved in a hit and run; or (f) you hurt or more tragically, killed someone.
If, however, this is your second offense the penalties will be more serious and include yet not be limited to (a )jail time, (b) court-ordered community service, (c) driver’s license revocation, (d)probation, (e)court-ordered drug and/or alcohol rehabilitation, or (f) traffic school.
The penalties imposed for third offenses are significantly more severe and could involve a one- year imprisonment.
If you are arrested for driving under the influence or driving while intoxicated, you will be punished; but an attorney can fight these charges. Remember, you cannot fight these charges alone.
This article is for informational purposes and does not constitute legal advice. For expert legal advice contact the Law Offices of Figeroux & Associates at 855-768-8845.
Posted by Figeroux & Associates at 10:53 AM