Do not be discouraged if you are facing charges for an aggravated DUI. However, you must act quickly to ensure the best possible outcome in a court of law. Contact a DUI defense attorney to begin working on your defense as soon as possible. It may be possible to reduce your charges to standard DUI charges or a wet reckless charge. It may even be possible to have your charges dropped completely.
Did law enforcement follow proper protocol?
The fourth amendment protects you against illegal search and seizure, including in the event of traffic stops. Did the police have probable cause to stop you and was the traffic stop legal? Just because you are found to be driving under the influence does not mean that your rights do not apply. Additionally, did the police read your Miranda Rights at the time of your arrest and inform you that you had the right to speak with an attorney? These are all important elements.
Hiring an experienced DUI defense attorney is your greatest chance of beating an aggravated DUI charge. Your attorney will review all of the facts surrounding your case, including law enforcement’s protocols and documentation. Without following proper protocol, the charges may not hold up in court.
Is there a question regarding the validity of the BAC test?
When examining DUI cases it is essential to know whether there is any question regarding the accuracy of the BAC test that police administer to you. After all, this is the hardest form of evidence and what courts often rely on when making a conviction.
Breathalyzer machines must be calibrated regularly and maintained by police to retain their accuracy. Similarly, if you submit to a blood test at a hospital, proper protocol and handling of evidence (in this case your blood is evidence), is crucial. An experienced DUI attorney will look at these elements.
Is this your first DUI offense?
If this is your first arrest for a DUI, and you do not have any other criminal history, the prosecutor’s office may be more willing to reduce your charges to a standard DUI or a wet reckless. However, you need the assistance of a criminal defense attorney to complete this negotiation. If your arrest did not involve the harming of any other individuals, there was no accident, no property was damaged, and no children were present, you may have a good chance of getting your charges reduced.
Pre-Trial Intervention Programs
In addition to negotiating your charges down to a standard, misdemeanor DUI, you may be eligible to enter a pre-trial intervention program in the state of Florida. This is more likely if you do not have a past criminal record and no one was harmed as a result of your driving. A DUI defense attorney will need to negotiate this program with the prosecutor for you, however, upon successful completion, all of your charges will be dropped and they will not appear on your criminal record.