Most times when people are arrested for driving under the influence, the first thing they want to know is how to get out of a DUI charge. Since DUI is a criminal offense, so there's really no easy answer.
If you're arrested and charged with DUI, you'll have to go through a criminal trial and administrative hearings concerning your driving privileges, if you're not able to make a plea bargain. Trying to handle all of these proceedings by yourself is probably the fastest way to lose your criminal case and your driving privileges at the same time. And you could quite possibly be spending time behind bars.
If you make the mistake of choosing an attorney who doesn't specialize in DUI, you're risking your freedom and reputation, since being convicted can result in a harsh jail sentence in many states. Working with an aggressive attorney who knows and specializes in DUI and understands the subject inside and out is the best way to successfully defend yourself against a DUI charge.
Prepare for Your Case - Right from the beginning, most people start thinking about how to get out of their DUI charges. First of all, off you want to get out of your DUI, you should talk with your attorney and find out if a plea agreement is available. In some states, you may be able to plead guilty to a lesser charge and be subjected to lesser penalties. If you can't arrange a plea agreement, your case will proceed to trial and you'll be facing the full range of criminal penalties if you're convicted of DUI charges.
Your Criminal Trial - If you weren't able to make a plea agreement, your criminal trial will be scheduled to proceed. The best you can make at this stage of the process is to make absolutely sure you're working with a fully qualified and experienced DUI lawyer. When you have a lawyer that specializes in DUI on your side, you'll have access to expert witnesses and specific information that can make a big difference during your trial. Expert witnesses can help you by refuting testimony or showing that chemical test results were invalid or unreliable. Your lawyer will have access to many of these types of witnesses, since he'll have had extensive experience in the field of DUI law. Your lawyer will also know where to look for information that could further assist you during your trial, such as decisions made in previous cases. If, due to financial restraints, you're fighting this battle with a public defender or a lawyer who doesn't specialize in DUI defense, you'll lose out on these benefits and your struggle will be all uphill.
Administrative Hearings - You'll most likely be required to attend administrative hearings that are held to determine the status of your driving privileges after you have been arrested for a driving under the influence charge. Driving is something most people take for granted, but each state considers it a privilege and not an absolute right, which means that it can be taken away at any time. Some states allow you to appeal a license suspension so that you can continue to drive up until your criminal trial takes place. For example, you may need to drive to get back and forth from your job. Your attorney can work with you concerning this matter to prepare for the appeal hearing. Your attorney can also speak on your behalf during this hearing so that you have a better chance of getting your driving privileges reinstated, even if the restoration is only of a temporary nature. Your lawyer, if he specializes in DUI defense, will know what to say and how to handle your case because of the experience he has in the field of DUI law.
Sentencing - If you're convicted of driving under the influence, there is no way to get out of the DUI itself, but there is a way that you can minimize the damage and penalties that are placed upon you. Your lawyer can speak out on your behalf before sentencing takes place so that the judge can hear and consider all of the circumstances in your case. This can go a long way towards reducing the severeness of any punishment imposed.
For example, your attorney may let the judge know that you have a disability or that you're responsible for caring for an elderly parent and therefore must remain out of jail and also be able to retain some, maybe limited, driving privileges. If your lawyer can convince the judge that your incarceration would create a hardship for others, the judge may be lenient and sentence you to other penalties such as alcohol education, community service or probation instead of jail time. Don't go it alone - Working with a DUI attorney is the best answer to the question of how to get out of a DUI. Experienced professionals have a high degree of knowledge and a great deal of experience in handling DUI cases, so they know how to best present a defense for your specific situation, insuring the minimum punishment. Of course, no one can absolutely guarantee that you will win your case, but having an experienced, aggressive DUI lawyer on your side can make the difference between winning and losing.