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What a DUI Lawyer Will Do For You

Posted by Ronald D. Hedding | Jun 28, 2017

If you have been charged with a DUI, there are many collateral consequences to a conviction that you might not be aware of. By hiring an experienced, aggressive attorney, you can protect your legal rights to ensure a fair criminal case and mitigate the collateral consequences of a DUI conviction.

In some DUI cases, the prosecutor can be convinced to drop the charges altogether. However, this is rare and usually requires exceptional circumstances, such as lab errors, evidence tampering, police misconduct, or similar egregious behavior.

Most importantly, a skilled DUI lawyer is not just aiming to dismiss the case. They are dedicated to lessening the impact of the case on your life. This can significantly alleviate the stress and anxiety of a DUI charge for the defendant who has the support of an experienced, aggressive DUI attorney.

How Can a DUI Lawyer Mitigate the Consequences of a DUI?

There are many different ways an attorney can mitigate the consequences of a DUI for you. The right solution depends on the specific facts of your case, but here are some of the most common ways:

  • Pled to reduced charges. In rare cases, it is possible to plead to a less severe charge than DUI (for example, reckless driving). This often depends on the strength of the prosecutor's evidence of intoxication.
  • Negotiate the terms of a plea agreement. Many prosecutors' offices have guidelines for what plea offers can be made in various cases. However, individual prosecutors have discretion within these guidelines, which can be used to your advantage. For example, fines, community service requirements, and other terms can be reduced by effective negotiation with your assigned prosecutor.
  • Some DUI defendants are ordered to wear Secure Continuous Remote Alcohol Monitors (“SCRAM device,” more commonly known as an ankle bracelet). These devices continually monitor the amount of alcohol in a wearer's sweat. In DUI cases, a judge can order a defendant to wear a SCRAM for a specified period instead of jail time. This gives the defendant an incentive to abstain from alcohol use and not tamper with the device. Because a judge has the discretion to order or not order SCRAM use, an attorney can advocate for you not to be subject to this invasive device. An attorney can also advocate for less time on the ankle bracelet.

These are just a few examples of how an attorney can mitigate the consequences of a DUI charge. There are numerous other legal strategies that an attorney can tailor to the specific facts of your case, providing you with a sense of hope and possibility.

It's crucial to remember that legal defenses are often available in DUI cases. These defenses can provide a strong counter to drunk driving allegations, potentially leading to a more favorable outcome for you.

While many DUI cases are resolved through a plea agreement, it's important to note that this might not be the case for you. There are numerous ways to challenge drunk driving allegations, and some of these strategies could be applicable to your situation.

Our Los Angeles DUI lawyers have successfully defended clients for more than two decades against any DUI charges. Here are some of the more common defenses raised in California DUI cases:

  • Arguing that the Breathalyzer was Improperly Calibrated – To be accurate, breathalyzer machines must be properly calibrated by a person trained to use the device. If the instrument used in your case was not correctly calibrated, it could result in the result being deemed inadmissible in court. In many cases, not using breathalyzer evidence significantly weakens the prosecution's case.
  • Challenging the Validity of the Initial Stop – The police are subject to specific rules and are not allowed to stop and search anyone they want. Any evidence gathered after the stop could be thrown out if your rights were violated during a traffic stop.
  • Showing that You Have a Medical Condition that Can Cause High Levels of Mouth Alcohol – Breathalyzer machines operate by taking a breath sample and using a calculation to determine a person's blood alcohol content (BAC). Studies have shown that gastroesophageal reflux disease (GERD) can cause high levels of mouth alcohol that can result in inaccurately high breathalyzer results.

If you or a loved one has been charged with driving under the influence, contact the experienced, aggressive attorneys at the Hedding Law Firm as soon as possible. Our friendly, professional staff offers a personalized service to ensure that your rights are protected and your criminal case is resolved fairly. To schedule a consultation, contact our law firm today at (213) 542-0963.

About the Author

Ronald D. Hedding

What Makes Ronald Hedding Uniquely Qualified To Represent You? I've been practicing criminal defense for almost 30 years and have handled thousands of cases, including all types of state and federal sex crime cases. All consultations are discreet and confidential.

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Hedding Law Firm is committed to answering your questions about DUI law issues in California and throughout the United States.

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