Arrested for DUI in Washington , DC
One common mistake people make when arrested for DUI in DC is that they think they have to answer the police officer’s questions, which means they often admit to having had alcohol and that becomes a piece of evidence to be used against them. People tend to talk too much, which is never a good idea because everything they say can be used against them later.
People also do the field sobriety tests when they should not and they sometimes have open containers in their car, which is always be a bad idea.
What Factors Can Worsen A Case?
A client who meets with an attorney should understand the attorney-client privilege, meaning the attorney is ethically obligated to not reveal confidential information, and that the attorney will ask questions, because they want to help and they need as much information as possible. The defense attorney will ask whether they were pulled over for a DUI before, and if the client doesn’t tell the truth, it makes the attorney’s job much more difficult, especially if they find out the truth somewhere down the road. Be honest with the attorney, because they need as much information as possible to help the client.
What Situations Can Make A DUI More Severe?
An accident case is always a more serious case; especially a serious accident. A fender bender might be a little more serious, but if someone ended up in the hospital, it would become a very serious case and the person maybe looking at a lot of jail time if somebody died. Open containers in the car, such as liquor or beer bottles or cans and weapons could aggravate the circumstances, as could the person being belligerent and disrespectful to police.
What Happens With The Case If Someone Blew Under 0.08?
Someone who blew under 0.08 BAC could not be convicted of driving under the influence of alcohol per se. In a 0.08 or above case, the government would not have to prove anything other than the breath test or the breath score, so the government will win if they get that scientific information or the blow score into evidence. There are cases where someone blew a 0.07 or below, but they still ended up charged with a DUI, although it is harder for the government to prove those cases.
The law has certain legal presumptions if someone blows a 0.07; for example the fact finder would have a legal presumption that the person was impaired, which confuses many, who think they should not be brought into court at all if they did not blow a 0.08. That isn’t the case, however.
What Do People Bring Up to Possibly Help Their DUI Case?
The client should tell their Defense attorney about any possible medical problems they have and to provide prescriptions, if they are on medication. Someone with a physical impairment, such as a past injury should have some medical documentation to support it. Prior knee or ankle problems, or even eye problems, could affect how well they performed on field sobriety tests.
It is not uncommon for people to have other medical issues, such as Castro-esophageal reflux disease, or GERD, which could have a significant impact on their drunk driving case. The attorney also needs to know who else was in the car and if that person could be a potential witness, as well as who else may witnessed the incident, such as someone at the bar and who can testify as to how many drinks the person had.
The defense attorney should also know what else was going on in the person’s life and possible mitigating factors may have led to the incident itself, as well as reasons they were drinking. There is a plethora of information that an attorney will ask to prepare any and all defenses and mitigating explanations.
What Is One Of The Hardest Aspects To Deal With in A DC DUI Case?
This would depend on the person; some people may have financial challenges making them unable to pay for classes or do everything that would need to be done ahead of time to get the best possible result. Some people may have a drinking problem and aren’t able to abstain from drinking.
Most first offenders who come into my office tend to be very responsible and do what I ask them to do, so we get good results. With regards to DC specifically, the most difficult thing is probably the number of times people have to go to court, the process is very slow and inefficient, and it becomes a burden on their jobs.
For more information on Aggravating A DUI Charge, please call (202) 770-8006 today to schedule a free initial consultation. Get the information and legal answers you’re seeking.