Getting arrested for DUI can be a daunting experience, especially if you are not aware of your rights. The consequences of a DUI conviction can be severe, including hefty fines, a criminal record and even imprisonment. However, just because you have been arrested does not mean you are automatically guilty. After all, you have the right to contest a DUI charge; in fact, many DUI cases are successfully contested each year. What do you need to know about your chances of success?
Getting a Good Lawyer
The first step in contesting a DUI in Australia is finding a reputable lawyer specialising in DUI cases. A good lawyer will review the evidence against you and identify any weaknesses in the case. For example, the breathalyser used to test your blood alcohol level may have been faulty, or the police officer who pulled you over may have breached your rights in some way. Your lawyer may also be able to negotiate with the lead prosecutor to reduce the charges or have them dropped altogether.
Planning for Court Appearance
Once you have a lawyer, you will need to appear in court. At your hearing, you will be able to present evidence to support your case. This may include witness statements, medical records or expert testimony. Your lawyer will work with you to create a convincing argument that shows that you were not impaired at the time of your arrest or that your rights were violated in some way.
During the case, the prosecution will also present evidence. It is crucial to understand the evidence against you so that you can prepare a strong defence. For example, if the prosecution argues that you were swerving on the road, you may be able to argue that this was due to a medical condition rather than alcohol impairment.
Dealing with the Technicalities
Another crucial factor in contesting a DUI in Australia is the blood alcohol level at the time of the arrest. It can vary depending on the type of license that you have or whether you are piloting a commercial vehicle. However, this does not mean that you cannot contest a DUI charge if your blood alcohol level is over the limit. Your lawyer may be able to counter that the test was not administered correctly or that the blood alcohol reading was inaccurate.
Want to Bear in Mind
Contesting a DUI charge can be a complex process, but it is possible to achieve a positive outcome with the right preparation and legal support. If you have been arrested for a DUI, the first step is to find a reputable lawyer who specialises in DUI cases. Your lawyer will be able to review the evidence against you and identify any weaknesses in the case. Remember, just because you have been arrested does not mean you are automatically guilty. With the right approach, you can potentially avoid the severe consequences of a DUI conviction.
For more information, contact a solicitor near you.