If you have been charged with a DUI, there are several things you need to know about what to expect, including the blood test denial of your 5th Amendment right against self-incrimination, the importance of pre-trial motions, and common mistakes made by attorneys in DUI cases.
DUI Conviction
When facing a DUI charge, you need to have a qualified attorney to help you. Depending on the circumstances of your case, you may be able to avoid jail time by negotiating a plea deal. However, if your charges involve a third offense or an aggravating factor, you may face felony charges. Moreover, a conviction can have negative consequences such as a criminal record, increased car insurance rates, and loss of employment.
A first DUI conviction is usually a misdemeanor. It is often followed by an alcohol abuse treatment program. The program may include treatment, community service, or education.
If a second or third offense occurs, the driver can expect a license suspension. Many states impose increasingly stricter penalties for subsequent convictions. Typically, a license suspension is 90 days for a first offense, two years for a second, and three years for a third. In some states, the driver is required to install an ignition interlock device. This prevents the vehicle from starting until it is determined the driver is not intoxicated.
Dui Blood Test Denial Of 5th Amendment Right Against Self-Incrimination
If you’ve ever been arrested for driving under the influence of alcohol, you probably know that you can be jailed if you refuse to submit to a blood or breath test. However, the legality of such a refusal has been the subject of debate, and the US Supreme Court is weighing in on the matter.
In general, the Fifth Amendment protects people from being forced to give testimony that is incriminating. The right does not apply to things such as DNA or fingerprints. However, it does protect against the force of the government in forcing confessions.
There are two main arguments against the use of blood or breath tests. One is that they violate the Fifth Amendment’s right against self-incrimination. Another is that they violate the Fourth Amendment, which protects against warrantless searches of the person.
This is a tricky area of the law, so you should definitely contact a criminal attorney. A lawyer can help you navigate through the system and make sure you get the best outcome possible.
DUI Pre-trial Motions
DUI pre-trial motions are important because they allow the defense attorney to raise concerns about the admissibility of evidence. The judge will decide whether or not to grant the motion.
Pre-trial motions may include requests to suppress evidence and dismiss the charges altogether. These motions are based on Fourth Amendment rights.
There are two basic types of motions a lawyer can file in a DUI case. First, there is a motion in limine. This type of motion limits the use of police evidence. In other words, a prosecutor cannot mention anything about your blood test results or breathalyzer readings at the trial.
The other kind of motion a lawyer can make is a Brady motion. This is a motion that argues the State did not have probable cause to arrest you for DUI. If this is a motion that is granted by the judge, it means that the evidence collected after the stop is inadmissible.
A good attorney will know which motions to file and which ones to avoid. He will also be able to help you win your case. Having a good attorney on your side can reduce your DUI charges or get your case dismissed altogether.
Common Mistakes Made by DUI Attorneys
When it comes to DUI attorneys, there are some common mistakes that can have an adverse effect on your defense. Unfortunately, many lawyers have a general understanding of the laws regarding DUI, but not the specifics.
In some cases, an attorney will make the mistake of assuming a case is not going to go to trial. This can lead to a lack of evidence, suppression of testimony, and a poor result.
Another common mistake is hiring an attorney who is not experienced in defending DUI cases. They may have no idea of the phases of DUI detection, or the proper equipment and procedures to be used. If you hire an attorney who has little or no knowledge of these processes, you could end up with a conviction without adequate evidence.
It is also important to hire an attorney who knows the area where the arrest occurred. This can help them ask the officer questions about the circumstances of the arrest.