A person facing a drunk driving charge has a choice before them. Should they plead guilty to allegations or not? If you're in such a situation, try to assess as a DUI lawyer would. When a drunk driving attorney examines a case, they usually look at these 5 issues to decide how they're going to recommend the client handle it.
Likelihood of Intoxication
Someone who has 100% certainty they didn't consume any intoxicants the day they were charged is likely to want to fight the case. However, the likelihood of intoxication can end up somewhere on a spectrum if the person had a few drinks at some point during the day.
Notably, the fact you had a drink a few hours before doesn't mean you have to plead guilty. If you're confident there was sufficient time between your last drink and when you drove, you may still want to fight the case.
Evidence Sources
The source of the cop's evidence of intoxication is also relevant. If the cop used a breath analysis device, you may have lower confidence in the state's case against you. Conversely, a blood test may provide higher confidence, but a drunk driving lawyer will have questions about the legality of the police drawing blood. You won't get to raise questions about these issues if you plead guilty.
Confession
A person will have a hard time taking back any confession they may have provided. Bear in mind, though, the police construe all kinds of things as confessions. If someone wasn't sure about how long it had been since their last drink but provided a short time estimate, a cop might take that as an admission of guilt. The argument is the body takes X amount of time to rid itself of alcohol, therefore the defendant must have still been intoxicated.
A DUI lawyer will want to question how much of an admission the driver's statement was. Once more, you can't address these questions after pleading guilty.
Lesser Charges
Sometimes a prosecutor will offer a lesser charge in exchange for a guilty plea. Your DUI attorney must inform you of any such offer and tell you whether they think accepting it is in your best interests or not.
Consequences
Your current circumstances may also determine how hard you wish to fight. A first-time offender might have the chance to go through a diversion program if they plead guilty. This usually entails completing drug and alcohol counseling. A judge will then either enter a lighter charge into the record or wipe the charges out entirely after the defendant pleads guilty and completes the program.
For more information, contact a DUI attorney near you.
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