After the DMV hearing, an accused person must face the criminal proceeding according to the states DUI laws. The drunk driving penalties are set forth by statute and can be complicated, however, a qualified DUI lawyer can help you. There are many factors that could make your drunk driving sentencing even more harsh. These enhancements are different from state to state but they may include:
- Prior DUI Conviction
- Speeding While Driving Under the Influence
- DUI With Minor Child in Vehicle
- Excessive Blood Alcohol Content
- Refusing to Take a Chemical Test
There are many things that could effect the sentencing of a DUI case:
- Facts of the Case - Ex. Were Your Rights Violated
- Policies of the Prosecution and Local Courthouse
- Weaknesses in the Case, Typically Uncovered by the Defense Attorney
- Even the Reputation of the DUI Attorney
Note that the results of the breath, blood or urine test will be a factor in working out the charges that will be brought against you and the possible sentences. If you were driving with a blood-alcohol level of over .08%, then there has been a DUI offense. In most states the DUI laws relate to the blood-alcohol level at the time you were driving, and not the time you had the test. This is a important difference that may be used in your favor. It is also important to understand that the tests, particularly the breath tests, are unreliable and susceptible to attack by an experienced DUI lawyer.
Experienced DUI lawyers know which arguments work and which ones don't. If your DUI attorney can get your charge cut from a felony DUI to a misdemeanor DUI, it is considered a major win. In fact, he may be able to get your case dismissed, which is the final goal. He can also help you with your DMV hearing issues.
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