DUI is a severe offense in all states in the U.S. The potential consequences of DUI include jail time. However, whether or not you can avoid jail time in a DUI case depends on several factors, one of which is if you get help from a qualified and experienced DUI Lawyer In Miami. Here is how a lawyer can help you avoid jail time in a DUI case.
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DUI Lawyers Have Experience In Similar Cases
A lawyer with experience handling similar cases would be able to identify the best legal defense for a DUI charge. For example, they can find mistakes during the DUI arrest procedure. If the police made a mistake while making the arrest, your dui lawyer could use it to get your DUI charges dropped or reduced.
Your lawyer will assess the facts of your case and analyze the arrest reports to verify if the proper legal procedure and laws were followed while making your arrest. For example, if the arrest involved an improper vehicle stop, it could lead to the potential dismissal of your case.
There can also be potential flaws in the breathalyzer test at the time of your arrest. If the breathalyzer was faulty or not calibrated correctly, it could make the evidence obtained through the machine inadmissible in court. Hiring a lawyer who has experience handling similar cases will increase the chances of avoiding jail time in a DUI case.
The Verdict Depends On Several Factors
Numerous factors can affect the severity of penalties for a DUI charge. One main factor is the level of alcohol in the blood at the time of the arrest. A blood test or a breath test is taken to determine the blood alcohol concentration (BAC) of the individual. In most cases, the legal limit for BAC is 0.08%. If an individual’s BAC limit exceeds this threshold, they can be charged with a DUI offense. The driver can face stricter penalties depending on how far their BAC limit is above the threshold.
Other factors contributing to a DUI verdict are whether the driver is a repeat offender and whether other traffic laws were violated. For example, if the driver was overspeeding or drove recklessly, avoiding jail time could be more challenging. A record of DUI penalties also complicates the case. The penalties can be more severe if it is your second or third offense.
DUI Sentencing Alternatives
- House Arrest: One alternative to jail time in a DUI case is a house arrest. When an individual is sentenced to house arrest, they must always wear a monitoring device. They are also prohibited from leaving their property.
- Probation: During probation, an officer is assigned to the DUI offender to closely monitor their behavior. If the individual commits another offense while under probation, it can have severe legal consequences.
- Alcohol Rehabilitation Center: The court can order an individual with a former history of alcohol abuse to spend a specific amount of time in rehabilitation.
- Community Service: Depending on the availability of work in the community, the court can also order the defendant to complete specific hours of community service.
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