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Why do you need a DWI lawyer?

This article is from Aaron Wallenstein, an NYC dwi attorney. Being charged with driving under the influence is never a positive experience, and many times a conviction on a charge can have long-term effects on the defendant’s life. Driving under the influence is a very serious crime in all states and all prosecutors are serious about making charges stick. Many times even borderline cases are processed with evidence that can be questioned or discounted, especially when the only evidence is officer testimony. Even cases where the blood alcohol concentration is around .08 can often be contested successfully, but questioning the evidence is not usually effective for the defendant who is attempting to represent themselves. And, there is no guarantee the court will impose a minimum penalty when being convicted. The only true defense the law enforcement officials will entertain is when you have an experienced and aggressive criminal defense attorney representing your case.

Examining the Evidence
Many times individuals are charged on weak evidence that actually may not be valid. This can result in a conviction in many cases when the defendant does not retain a DUI attorney who can investigate the case and evaluate the evidence for being admissible. Some driving under the influence cases are based on officer testimony or some controlled substance that is found in a vehicle. This situation also regularly includes an additional charge, but the manner in which the evidence can matter greatly. Evidence that has been secured by a means outside of legal protocol can be dismissed when your DUI attorney can cast reasonable doubt on a charge. And many times, when the evidence goes away, the DUI charge goes away with it. And, as an officer of the court, your attorney can also cross examine the arresting officer regarding what actually transpired. This can be especially effective when there is no BAC record, but this is something an attorney can provide that a defendant will have no chance at accomplishing.

Convicted impaired drivers always face stiff penalties even when the charges are a first offense with minimal sign of impairment. Legislators have passed DUI laws that restrict what a district attorney can do in terms of a plea bargain, but many times your criminal defense attorney can still bargain for a reduced penalty or fine. The range of punishment a prosecutor can use is extensive in every state, but in some states the charge can be modified to reckless driving in order to avoid an impaired driving charge being on your record. This make a major difference in some states, and especially when driving privileges are necessary for the defendant to continue employment. Commercial truck drivers are a prime example of an individual who can benefit from retaining an attorney because the attorney is as much an investment in personal future as they are a defense to a charge that could potentially be reduced or dismissed on a deferred judgement.

Subsequent Charges
Anyone being charged with DWI as a multiple offender will be facing even harsher penalties than those on a first charge. Driving privileges are suspended longer, sometimes for years, and incarceration and fines are enhanced as well. Depending on the state, impaired driving charges can also be prosecuted as felonies when the evidence puts the case in the aggravated charge range. Regardless of material case factors, such as an accident causing bodily injury or a fatality, cases based on a BAC level above .14 are automatically considered as an aggravated case in most states. Those defendants facing a significant amount of jail time will always need a criminal defense attorney under the law, and especially when there are extenuating circumstances.

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