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Charged with a DUI?

Whether you have been charged with a DUI, or you are simply looking to learn more about DUI law, you can read more about how we can help you here.

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A Closer Look at the DUI Trial

If you have been charged and arrested for a DUI, and your case is headed to trial, what can you expect? Your DUI attorney can help prepare you for the specifics of your case, but here is a general overview of a DUI trial, so you can understand some methods of combatting a DUI charge.

First of all, if you have been charged with a DUI, chances are you took some tests. If for example, you took a blood test that showed a blood alcohol content (BAC) of at least 0.08, then this can be difficult evidence to overcome. A prosecutor is likely to bring an expert to testify about how these tests work, how alcohol absorption works, etc. If your charges include being under the influence of a controlled substance, such as marijuana or cocaine, then an expert is all the more likely to appear in court. Fortunately, you can have your own expert as well. This will cost you, probably in the neighborhood of at least a thousand dollars, but the cost of losing your trial is far greater. Overcoming an incriminating chemical test is crucial to your case, and this may require the services of an expert.

A different way you may be able to fight this evidence, however, is to get this evidence suppressed. Say for example, that an officer pulled you over for swerving—inside the lane. If you did not actually break a traffic law, or give the officer some valid reason for stopping you, then this police stop is likely unlawful. If the officer did not have probable cause to test your sobriety, then any of the resulting evidence might get thrown out of the case. There are numerous reasons why you may be able to suppress evidence, evidence that a prosecutor may no longer use. To achieve this, however, will require an experienced DUI attorney who can handle the complexities involved in this highly technical process.

Another thing you will need a skilled attorney for is the motion to "strike a prior". This is for anyone who has a previous DUI conviction to their name. In a pre-trial hearing, for example, you are legally allowed to "deny" all DUI charges you have, then your attorney may be able to find a way to have this record removed from the current case. If a judge allows previous DUI convictions to bear on your case, the potential penalties you face would be that much harsher.

Will you testify at the trial? That depends. You have the right to testify in court, and you also have the right to refrain from testifying. Basically, you may only want to take the stand if and only if the jury will believe your every word. If a prosecutor can discredit just one part of your testimony, then the rest of what you said is rendered doubtful. If you have a criminal record, even an expunged record, then a prosecutor can bring this up to undermine your credibility. Even if you do not have a record against you, you may not want to testify unless you can stay calm and collected under pressure. Your lawyer can help you decide if it is advisable for you to testify in your own case.

If you have any further questions about the DUI process, or if you are looking for the best Tampa DUI lawyer possible, then do not hesitate to contact our firm. At Tampa & Paulk, P.A., we are dedicated to providing all of our clients the resounding defense they deserve, the defense that can protect their freedom and safeguard their future. Learn more when you fill out a free case evaluation or call us today.

Tampa DUI Defense Attorney Thomas & Paulk, P.A. Attorneys at Law