Any DUI charge against you is a serious matter that can lead to possible jail time. If the alleged crime was a subsequent DUI offense, the possible penalties against you can escalate, leading to an increased possibility of jail time. You may have both the grounds and incentive to fight the charges against you to the fullest possible extent. Hiring a DUI defense attorney after your arrest can help you wage the legal battle that you need to remain out of jail. Legal help from a tough and experienced defense attorney can increase your chances of a more favorable outcome to your DUI case.
3rd DUI Convictions Often Have Mandatory Minimum Jail Sentences
Unfortunately, a conviction for a third DUI offense is likely to lead to jail time. The law imposes a mandatory minimum sentence and many people convicted of third DUI offenses serve many months incarcerated in county jails.
However, with a skilled criminal defense attorney and DUI attorney you may be able to serve that jail sentence through court-approved alternative sentences. As a third-time DUI offender you may also be eligible for DUI Court in some jurisdictions and successful participation could reduce your jail sentence.
You May Need to Fight the Charges to Stay Out of Jail
Thus, your only plausible option for avoiding jail time for a third DUI is fighting the charges and winning your case in court. Being convicted of a DUI or having to plead guilty to the charges is not a foregone conclusion in every single case. There may be defenses that you can use to fight the charges in court and win. When you hire a DUI defense lawyer for your case, they can review the facts and conduct an investigation to learn whether there is any way to fight the charges against you.
How to Fight DUI Charges Against You
The most common way to defend against DUI charges that could keep you out of jail is to challenge the basis of the traffic stop itself. A police officer will need to have a reasonable suspicion of criminal activity to make the stop in the first place. This standard is a lower one than probable cause. Under the standard articulated by the United States Supreme Court in the Terry case, reasonable suspicion means that the officer must have more than a mere hunch that there may be possible criminal activity. The lower standard does not mean the officer can pull over just anyone. They need to be able to articulate why they had a reasonable suspicion. If they cannot, you may have been subject to an illegal arrest, which violates your rights under the Fourth Amendment to the United States Constitution.
Then, you can also challenge the evidence itself that the prosecutor proposes to use against you in court. Besides the officer’s testimony that they saw you breaking traffic laws, the prosecutor will use the following to prove a DUI charge:
- The results of the breathalyzer test that the police officer administered at the scene of the traffic stop
- Any visual test that the officer administered, such as asking you questions or directing you to get out of your car and walk
- A blood test that may have been taken after a search warrant (obtained by showing probable cause) if you refused to take a breathalyzer test at the scene
You may challenge the authenticity of the evidence. For example, you may argue that the breathalyzer machine was not properly calibrated and yielded the wrong result. You can allege that there was not a proper chain of custody, which may have tainted the results of a blood test, and thus the evidence is tainted.
Finally, you can fight the charges on the grounds that your legal rights were violated. Police officers can violate your rights in a number of ways. Perhaps the most common violation of your legal rights involves wrongful questioning. The police officer may have failed to give you a Miranda warning at the time they arrested you, and then you may have made incriminating statements under questioning. They may have continued to question you after you invoked your right to an attorney, which means that any damaging statements you may have made are inadmissible.
Your DUI defense lawyer can seek to have any wrongful evidence suppressed at a pretrial hearing. If the prosecutor loses one or more of their key pillars of the case against you, they may be unable to proceed any further. An aggressive approach from your DUI lawyer can hinder the prosecution’s case at an early stage, perhaps enabling you to stay out of jail for a third DUI.
You May Need to Negotiate a Plea Bargain for a Lesser Sentence
If your DUI defense lawyer determines that you do not have strong defenses to the charges against you, it may be necessary to try to negotiate a plea deal with the prosecutor. If you try to fight the charges and lose in court, you may be looking at a jail sentence that is at the upper end of the range. If there are aggravating circumstances, you may be facing an even longer jail sentence. In the meantime, you may need to take steps in your own life to persuade the court that you are getting help for a problem, such as by going to rehab.
Contact a DUI Defense Attorney for Best Results
It is vital that you contact a criminal defense attorney after an arrest for driving under the influence, no matter what number of alleged offenses it is for you. Acting early can help maximize your legal options and perhaps help you achieve the best possible outcome in your case. Never assume that any outcome in your DUI case is a foregone conclusion. Instead, let the Law Offices of Evan E. Zelig, P.C. provide you with a professional opinion of your case and your potential options.