Getting charged with a DUI can cause some serious problems in your life, both personally and professionally. Even if you have a spotless criminal record, you can be certain that your case is going to be time-consuming, complicated, and have some major consequences if you are convicted. We talked to the people at Law4DUI.com to learn about a few things that people may not realize when they are charged with a DUI that are very important to be aware of.
No matter how much or how little you know about DUIs and DUI law, the first step that anyone should take after being arrested and charged with driving under the influence is to contact a criminal defense attorney. When you are working with a seasoned lawyer, they will be able to help you identify the best options, and pursue a favorable outcome.
1. Being Charged With DUI Is Different Than Being Convicted of DUI
After you are arrested under suspicion of driving under the influence of drugs or alcohol, you will be charged with the crime, but this does not mean that the state has found you guilty of the offense. Being convicted takes a lot of work on the part of a prosecutor, and when you hire a defense attorney they will poke holes in as many pieces of evidence as possible. This means that if there are any details out of place, any procedure that was violated, or any of your rights that were disregarded, they will use these points as ways to suppress evidence, reduce your charges, or in some exceptional cases, may seek to have the charges dropped entirely.
2. Refusing a Breath Test Is Not An Admission of Guilt
You have every legal right to refuse to submit to a breathalyzer test, but you must be aware of the consequences. When you are issued a driver’s license in California, you enter an agreement of “Implied Consent,” meaning that in exchange for the privilege of your license, you are implying consent to submit to chemical tests. Refusing the breath test will result in an automatic suspension of your driver’s license, and if you have a history of DUI convictions the penalties can be pretty significant. That said, your refusal will not be seen as an admission of guilt in court. You will need to consider your options before you decide whether or not to submit to the officer’s requests during your traffic stop.
3. Your DUI Arrest Will Be Made Public
After you are arrested and processed, your information will be made public and the details of your arrest will be easy to find. Not only will this cause embarrassment in your personal life (and possibly jeopardize your career), it also means that you will be solicited by countless legal professionals offering their services to you. This includes criminal defense attorneys, bail bondsmen, and anyone else who will be trying to profit off of your legal proceedings. Unfortunately, there is nothing that you will be able to do to suppress the information that will be released to the public since this method is intended to deter other people from possible DUIs in the future. Whether or not it is an effective method is a separate issue, but in addition to the public embarrassment, you can expect, get ready to field lots of calls from lots of different professionals trying to offer you their help.