Accidents that result in injury can be devastating, especially when these injuries are fatal. If you’re driving while under the influence of drugs or alcohol, you have a higher likelihood of getting into an accident that can have serious consequences.
DUI cases are among the most difficult cases to defend since it can easily be proven that the driver was driving impaired in most circumstances. In addition, impaired driving can lead to slower response times, reckless behavior, and vision or depth perception issues. Here are some specific reasons a DUI can be challenging to solve and some ways you can avoid these serious charges.
If There are Children In the Car
If there were children in the vehicle you hit, it is usually best not to have your case tried in front of a jury. The jury will likely find you guilty, and you won’t have much of a chance to explain the circumstances that led to the accident. Instead, you should discuss a plea bargain or a settlement outside the court with your DWI lawyer.
Most of the time, judges, prosecutors, and jury members won’t rule in your favor if it can be proven that you were going over 90 mph when the accident occurred.
Think about how you feel when you’re sober on the highway, and someone speeds past you because they are going 20 or 30 miles faster than you. You are likely shocked and need a few seconds to regain your composure. This feeling is intensified when alcohol is involved, and your reaction time will be slower if your judgment and motor skills are impaired. It will be especially difficult to defend your case if it is proven that you were well over the legal limit for alcohol or other substances or if you have a prior DUI.
Your BAC Was 0.08 or Higher
In most states, people will face two charges if they take a blood or breath test, and the results show that their blood alcohol concentration is 0.08 or more. So, according to the per se law, you will be charged for being over the legal limit and charged with impaired driving.
The impaired driving charge is likely assigned to your case if the law enforcement officer notices that you are slurring your words, unable to walk in a straight line, acting extremely fatigued or overly hyperactive, or failing the sobriety test.
You’ll receive additional charges if there are open containers in your vehicle or if the police find drugs in your car.
Concern About the Outcome
Even though a qualified DUI attorney will encourage their clients not to worry about the DUI charges and leave the concern up to the lawyer/legal team, it is usually impossible for suspects to take this advice.
Many lawyers will encourage their clients to wait before taking the case to court to get the best results. Then, when the attorney can spend more time investigating the case and filing a motion to suppress it, the charges for the suspect could be reduced.
Most people charged with a DUI want to get their case over with as soon as possible, but it’s best to take the lawyer’s advice and go through the necessary steps to prove innocence on guilt in the case thoroughly. While the suspect may still have to face the consequences, such as a suspended license or community service, some can avoid incarceration or job loss by taking the advice of their lawyer.
If you’ve been charged while driving under the influence, you must contact a DWI lawyer right away. An attorney who has expertise in this area can let you know your rights and explain your options when taking your case to court. Your lawyer will also look at your criminal record (or lack thereof) to determine whether you’ll be able to receive a reduced sentence. Schedule your consultation as soon as possible after the incident.