How a Lawyer Can Help With First Time DUI Charges in Salisbury
Building a defense to a DUI case is a step by step process and it’s a process that our Salisbury DUI attorneys have developed through experience and training. The first thing an experienced DUI lawyer will look at is the basis for the stop which involves questions such as:
- Did the officer have a legal basis to stop the car?
- Did the officer have a legal basis to ask the driver to get out of the car and perform field sobriety tests?
It’s that sort of step by step review and analysis that takes place in every single step of the process. It’s important when preparing the defense to be looking for two things at the same time. One, what evidence does the state have and two, was that evidence collected legally and in compliance with the defendant’s rights? Also if the defendant submitted to a breath test, it is important to review and make sure that the police followed all of the necessary procedures that they must adhere to before and during the test.
Biggest Mistakes to Avoid in First DUI Cases in Salisbury
One of the biggest mistakes made by first time DUI defendants is pleading guilty because they are told that they will get probation before a judgment without taking the time to consider the consequences. It is important to review all of the evidence and determine if the state has all of the evidence they need to secure a conviction.
Eventually after reviewing all of the evidence, an attorney may advise the client to enter into a plea, but not simply because the client is likely to get a probation before judgment (PBJ). This is because probation can be expensive and require a great deal of sacrifice from a client. Thus, a plea should not be entered into without considering all the repercussions and other options.
Another big mistake we commonly see in DUI cases is a defendant failing to read the advice of the right sheet and failing to ask to speak with an attorney before deciding to take the breath test. It is important to try and speak with an attorney before making the decision to take the test because if the defendant takes the breath test and the result is a 0.08 or higher, they have just given the state a huge piece of evidence to use against them. The breath test alone can be enough to convict.
Refusing a Breath Test
However there are serious consequences to refusing to take the breath test. The most negative one being the suspension of the driver’s license to drive. Also, the test results can trigger different consequences at the Motor Vehicle Administration including suspension of the privilege to drive or driving only for very restricted purposes or only being able to drive with an ignition interlock device installed on the car.
That is why it is so important to speak with an attorney before making the decision as to whether or not to take the breath test.