Tuesday 19 January 2016

Steps Followed By A Bucks County DUI Defense Attorney In Dealing With DUI Cases

By Sarah Reed


Getting arrested and charged with DUI is probably the most dreaded thing by all Americans. This is because the conviction rates for these cases are phenomenally high and also because the consequences of getting convicted are very serious. These consequences include losing the drivers license and going back to the DMV for a driving course, getting charged in a court of law and probably doing jail time, and having the DUI as part of ones criminal records. Therefore, if you have been arrested with a DUI, you should hire a competent Bucks County DUI Defense attorney to represent you, otherwise, you will lose the case.

The process starts with an arrest. Normally, an officer will pull you over due to a broken traffic rule. The common violations include speeding, a burned out light, or in some cases, causing an accident. The DUI investigation and case cannot be considered valid if the officer had no probable cause to flag you down.

When the officer interacts with you and realizes that you may be intoxicated, they may ask you to step out of the car. To ascertain whether you are drunk or not, the officer will administer the field sobriety tests. These tests include counting backwards, and walking in a straight line among others. When you fail the sobriety tests, the Miranda rights will be read to you, and an arrest will follow.

When you get to the precinct, the second step will start. The officer will ask you to take the BAC tests. While you cannot be forced to take a BAC test, refusal will lead to automatic license confiscation and prosecution. When you take the tests, and the result is more than 0.08 percent, you may be charged in a court of law.

After the charges have been filed, the next step is your license getting confiscated. You will not be allowed to use the license from 30 days after the arrest. The DMV receives your license and the police department hands over their case files to the DA or other prosecutor. The prosecutor decides whether you should be charged in court or not.

Hearing dates will be set when the prosecutors decide to file charges. The federal law allows you to get the legal representation of your choice. The options available are getting a public attorney, hiring a lawyer or self-representation. It is advisable to get a private lawyer to handle your case because they have both the time and motivation to do it well.

There are several defense routes that attorneys take when handling these cases. The first is challenging the authenticity of the evidence presented. The second is disputing the probable cause of arrest. The qualification levels of the person who administered the tests may also be disputed.

A trained and experienced attorney will study your case and know the tactic to follow to bring down the case. They will work day and night and ensure that you get an acquittal. As long as you have a competent lawyer, DUI cases will not be half as stressful.




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