Article provided by: Winton & Hiestand Law Group PLLC
Did you ever stand in your properly parked car after having a glass of wine, and an officer asked for your documents claiming that you committed a DUI? Winton & Hiestand Law Group as your DUI attorney in Louisville, KY, can check the circumstances and can clarify if this was an offense or not.
Do I need a lawyer for a first time DUI?
Most probably you won’t need a lawyer for a first time DUI offense, if your BAC was on the limit, or if there were no injuries. In such cases, pleading guilty most probably will get you an administrative penalty, and you can negotiate a plea bargain. Under a plea bargain, you may have to do some community services or to take part in a rehabilitation program.
However, driving under the influence is a severe criminal offense, and can result in steep fines, jail time, and other penalties. A DUI is recorded on your criminal records and can create further issues when applying for higher education or a new job. Even if you are on the first DUI, the circumstances may be aggravating, so it is advisable to ask a DUI attorney in Louisville, KY to settle your case.
Reasons for dismissing a DUI case
Every case is different, and our role is to study and understand your situation, as well as advise you on following the steps to take. From the beginning, we have to mention that not all the cases are dismissable, but there are some instances where we can do this:
- No reason to stop your vehicle – unless you committed a traffic violation or if you were driving recklessly, the officer has no right to stop you.
- Illegal searches – police cannot search a vehicle for empty cans unless they have obtained a warrant, or they have a valid reason to do this. An unlawful search is a direct violation of the Fourth Amendment.
- Illegal chemical or sobriety tests – the officer should explain your rights before proceeding to a field test. Also, the testing devices should be inspected and calibrated regularly to ensure the accuracy of the test.
The failure to inform you that you have the right to speak with an attorney after you got arrested is another reason for dismissing a DUI. There are some instances where the prosecutor will notice from the beginning a weak case and will be willing to negotiate a plea bargain.
What happens if your DUI case is dismissed?
Even with a dismissed case, a DUI arrest will always show up on your criminal records. However, if you had to pay a fine or attend a program, it means that your case is still up for examination. In this situation, is in your interest to have a DUI attorney in Louisville, KY involved.
Some states have procedures to clear up your records, and Winton & Hiestand Law Group can guide you on this. We have the experience you need, and we can try to solve any specific issues related to your case.Dui Attorney Louisville Ky
View Larger Map