Driving under the influence (DUI) charges can damage a motorist’s reputation and career prospects. Criminal proceedings can cause significant financial setbacks for those accused of drunk driving, and a conviction might even potentially cost them their freedom.
People accused of DUI offenses do not necessarily need to have a prior record or to have caused harm to others to be at risk of losing their freedom. A first-time DUI charge with no aggravating factors can carry a jail sentence of up to six months. Prior convictions and aggravating factors may increase the potential length of incarceration.
Motorists hoping to fight their pending DUI charges may make preserving their freedom their top priority. How can defendants avoid a loss of freedom when fighting DUI charges?
Securing a dismissal or acquittal
In some cases, the evidence backing DUI charges might be flimsy. Perhaps the state intends to use chemical test results or field sobriety test videos in court, but there is a clear medical explanation for why the driver failed the test. Maybe the prosecutor brought charges despite a police officer conducting an inappropriate traffic stop without proper justification.
Defense attorneys can work with their clients to challenge the state’s case. When an attorney can suppress evidence, the state may need to dismiss pending charges. If the defense attorney representing the defendant can raise a reasonable doubt, then the courts may ultimately acquit the driver, allowing them to preserve their freedom.
Negotiating a plea bargain
Quite a few criminal cases, including DUI charges, and with plea bargains. The defendant agrees to enter a guilty plea, but their lawyer negotiates so that they derive some benefit from that arrangement.
A plea bargain could result in a lesser charge that does not put the defendant at risk of incarceration during sentencing. Other times, the prosecutor might agree to sentencing concessions where they recommend probation instead of a jail sentence.
The details of the situation at hand, including the evidence the state gathered and the criminal record of the driver at issue, can have a profound impact on the best strategy to employ when seeking to avoid incarceration after a DUI arrest. Working with an attorney is critical for those who aspire to preserve their freedom when facing DUI charges accordingly.