Get Your FREE Copy of the Book by Stephen Hamilton Exposing the Truth
Secrets of the Texas Criminal Justice System and Your Rights
When building a Midland first-offense DUI defense, a charged individual will want to have a weathered defense attorney on their side who can offer their years of legal experience in creating defense strategies. A skilled lawyer could help your case by collecting evidence, interviewing key witnesses, and acting as an aggressive advocate on your behalf. Read on to learn more about what goes into building a Midland first-offense DUI defense, as well as the ways a professional attorney could make a difference in your case.
Creating a Strategy
When building a Midland first-offense DUI defense, a skilled lawyer looks at the case two ways. First, they examine the facts surrounding the specific circumstances of the case. Second, they study the potential mitigation strategies that could come about based on who the accused individual is. The district attorney does not know that individual when they do not have any criminal history, highlighting the importance of working on issues of mitigation. The DUI lawyer could obtain letters of recommendation, letters of referral, and a clean urinalysis.
Sometimes, an attorney could install an ignition interlock in the accused’s vehicle even though they are not required to do so. The accused may also be in treatment, take alcohol education classes, and carry out volunteer services. This extra work can be used to show that the driver is taking active steps to learn from the DUI, which can be important when negotiating about penalties with the prosecutor.
Examining the Arrest
It is important for a seasoned attorney to start from the beginning and examine how the stop itself came about. What was the reason that the police officer became involved? Was it for speeding or a car wreck? A DUI lawyer looks for any reason to attack the legality of the stop. After the stop, when the law enforcement officer conducted any type of investigation, the lawyer determines whether they had the authority or the probable cause to get the accused out of the vehicle to take a field sobriety test.
Standard Sobriety Test Procedures
When building a Midland first-offense DUI defense, a DUI attorney next focuses on the field sobriety test. Did the law enforcement officer carry it out correctly? One of the benefits of an experienced and trained DUI lawyer is that they understand what a driver is expected to do in a field sobriety test and how the officer was supposed to conduct the test. They look at the facts to see whether the officer made mistakes. Did the officer change the test by leaving something out from the standardized field sobriety test? When that is the case, the lawyer can challenge the field sobriety test.
The lawyer’s investigation looks at whether there was enough probable cause after the tests to make an arrest and then examines what happened after that. Did law enforcement take a chemical sample? Was it a consent sample or was there a refusal? Sometimes, there are mistakes in the refusal and the officer cannot just place someone under arrest and ask for a blood sample. There is a statutory warning that consists of a full page of warnings that the officer must provide to the driver both in writing and orally so that they know the consequences of giving a sample. Sometimes, there are cases where the driver does not receive their warning and the DUI lawyer can keep the chemical sample out of the case as a result.
Pre-Analytical Test Errors
When someone does take a blood or breath test, a seasoned attorney looks at the BAC content and any problems with that percentage. When there is a blood test, the lawyer determines whether it was done at a hospital or at the jail. They identify who took the sample and whether they were authorized to do so under the statute. These are known as pre-analytical errors right before the testing is done. There may be also analytical errors that occurred during the testing. By examining each of the elements of the case from the beginning all the way through to the end, a qualified lawyer can identify where the strengths and weakness lie and possibly use them to challenge the case.
Mistakes for First-Offense DUI Defendants to Avoid
The biggest mistake individuals who have been accused of driving under the influence make is not seeing a lawyer soon enough. The first two weeks following an arrest are critical because there are only 15 days to request keeping one’s driver’s license whether it is a refusal or a failure. It may be difficult to win a driver’s license hearing in Midland, but the benefits far outweigh doing nothing as someone could potentially get a chance to continue driving. They can buy a dedicated attorney some time to get an occupational license ready. The accused also has the opportunity to challenge the police officer early on in the case. The individual can get a deposition or they can take questions to tie the officer down before they have the chance to prepare their case prior to trial.
If you require professional assistance in building a Midland first-offense DUI defense, do not hesitate to reach out to an experienced criminal attorney today for your initial consultation.