Defending Against Charges of Drunk Driving in Arkansas
If you or a loved one has been arrested for DUI, you are most likely encountering some disconcerting possibilities. You probably have uncertainties and questions regarding DUI process, and you may be wondering if you did the right thing. DUI Attorneys at Arkansas Attorney Group understand the situation that you are faced with, and they will put their vast knowledge of the Arkansas legal system to work for you and your DUI case. Rest assured that your case is in good hands with the attorneys at Arkansas Attorney Group; they will work relentlessly to help secure a positive outcome for you. Their firm handles many types of DUI charges such as the following:
An Aggravated DUI charge means you are criminally charged with driving drunk while having either a revoked or suspended license, should you have a passenger who is under the age of 15 in your vehicle or if it is your third DUI within a seven year duration. Criminal charges of this type involve enhanced penalties, and most likely will be tried as a felony.
Breath & Blood Tests
Many times, prosecutors and police officers will use the evidence obtained by breath and blood tests to help build a case against you. This could either be from a Breathalyzer at the scene of the arrest or could be a blood test drawn by a certified technician and sent to a lab. Either way, there is the possibility of errors that can be used to help defend you.
If you are in possession of a commercial driver’s license (CDL), in which you rely upon for your daily living, when charged with a DUI and convicted, your driving privileges could be stripped from you which will make the usual difficulties of an arrest even more of a struggle.
DUI with Injury
If someone was injured as a result of the alleged drunk driving episode, the law would consider it to be a DUI with injury and would involve enhanced penalties. This could mean up to 18 years of imprisonment, driver’s license revocation for 3 years, $5500 in fines and more.
DUI & Drugs
DUI charges are not exclusive to driving under alcohol consumption only. It is also as equally illegal to drive with the impairment from drugs or other controlled substances such as cocaine, marijuana, or even a prescription drug that is legally acquired. In some cases, it is still illegal even if the drug was not consumed on the same day.
The penalties associated with driving drunk can result in severe and life-altering consequences. Imprisonment, monetary fines, and mandatory involvement in DUI programs are just some examples of what you could be faced with. Even if it is a first time offense, you could face jail time.
Ignition Interlock Device
There is a popular penalty that is currently being imposed called the Ignition Interlock Device (IID). This is a breath analyzing device installed into the offending criminal’s vehicles. The IID monitors the activity of the convicted and sends alerts if they attempt to start the vehicle with a breath sample that has traces of alcohol or if they are found with a sample that is unclean while driving.
Even though it is easy to feel that it is a hopeless cause once you have been criminally charged, this is not the case with the proper help. There are several different steps that can be taken to provide an effective defense on your behalf. By involving an experienced lawyer, you will be able to explore the defenses that are best suited for your particular case.
Unlawful Police Stop
According to the law, police officers cannot pull someone over without a probable cause. They have to have reasonable suspicion that the law is being broken or have witnessed it directly before they can pull someone over. If there is reason to believe police officers did not have a probable cause to pull you over, a lawyer can challenge the evidence obtained during the traffic stop and might be able to get it suppressed.
Challenging DUI Evidence
The evidence that is obtained from DUI testing is not irrefutable. There are common errors that can be used by lawyers for the benefit of the defendant. Incorrectly calibrated Breathalyzers and sobriety tests performed at the scene that were administered improperly are examples of common errors that can be used by experienced lawyers to help a case.
Field Sobriety Tests
Preliminary alcohol screenings such as field sobriety tests are tests that law enforcement officers use to determine the level of the defendant’s impairment. These tests include the walk and turn test, the one leg stand and the horizontal gaze nystagmus, which are all far more subjective.
DUI Attorney in Arkansas
There are two aspects to the case that you need to be aware of if you have been charged with a DUI. First, there is the criminal charge aspect. A regular DUI charge is usually classified as a misdemeanor. In the criminal period of the sentencing, you can expect to learn the amount of fines you may have to pay, the amount of jail time you might possibly face and most likely your community service requirements. You could be facing very serious penalties even if this is your first DUI arrest. The other aspect of a DUI charge involves your driver’s license. In some states, you must schedule a hearing with the motor vehicle division (MVD) within 15 days of your arrest to decide the possible length of revocation or suspension of your license.
The laws included in drunk driving offenses can be difficult to understand and very complex without the help of an experienced DUI attorney. Attorneys at Arkansas Attorney Group are able to handle your multifaceted case with the consideration and attention necessary to help achieve a desired resolution. We are the lawyers who you want on your side who will invest the necessary time and resources into your case, fighting for you relentlessly to provide reliable legal assistance in an effort to defend you against the possibility of a DUI conviction.