How A DUI Lawyer Can Get You A Reduced Sentence
Being charged with a DUI can be very stressful. Not only will the charges affect your driving record, but you may also spend some time in jail. Fortunately, there are options your DUI lawyer will explore to ensure you get a lighter punishment. Here are ways your lawyer can secure a reduced sentence.
Take a Plea Bargain
Your DUI lawyer can identify weaknesses in the prosecutor's case and use them to negotiate a plea bargain. For example, if the arresting officer didn't read you your Miranda rights, any statements or admissions you made will be inadmissible as evidence.
Your lawyer can use the Miranda rights defense to get a plea bargain. In this case, the prosecutor agrees to reduce your DUI charges or sentencing, provided you enter a guilty plea. The state may lower your charges to reckless driving. While reckless driving may have harsher penalties than a first-offense DUI, it will help keep a DUI off your driving record.
Choose a Rehabilitation Instead of a Prison Sentence
Another option your lawyer will suggest to reduce your DUI charges is to accept to go to a court-mandated rehabilitation program. This is an ideal solution if it's your first DUI offense. The judge may permit you to join an alcohol and drug rehabilitation program. These programs are inpatient and last the same duration as the prison time you would otherwise face.
However, if you are facing a second or third DUI charge, jail time is mandatory. Also, if your DUI charge involves an injury or accident, you will have to serve a prison sentence.
Your DUI lawyer may be able to negotiate for you to serve probation instead of jail time. This mainly applies to first-time offenders. After completing probation, the prosecution may dismiss your DUI conviction.
However, accepting probation means you have to follow strict conditions. Violating any of these conditions will cause the prosecution to reintroduce your DUI conviction along with additional charges. Some conditions you should expect while under probation include submitting to random drug tests, paying all court fees and fines, and going for a DUI education class.
After completing your probation period, the state may expunge your DUI charges. This means your DUI charges will not appear on your criminal record. Therefore, you will not face higher insurance premiums or issues associated with a DUI citation.
If you are charged with a DUI, contact a DUI law service. Your lawyer will review your case and determine whether they can raise any defenses to have the charges withdrawn. However, if the prosecution's case is strong, your lawyer will explore the aforementioned options to help you get a reduced sentence.