Drinking under the influence (DUI) could both be a criminal and civil case. The former seeks to punish the felony that is driving while drunk or intoxicated. On the other hand, the latter seeks to let the plaintiff pay for the damages caused by the felony. These two actions may arise from the same cause; however, the plaintiff or petitioner could first file the criminal action and reserve the right to file a separate, subsequent civil action. He can also choose to integrate the civil aspect into the criminal case.
The case is more straightforward when you’re the party filing a complaint. However, if you find yourself being a respondent in a criminal case, you need to move heaven and earth to prove that what the other party is alleging doesn’t hold water. The other party may have the burden of proof to show that you’re guilty of the offense charged, but if you don’t refute their allegations and if your lawyer doesn’t raise objections promptly, your case might be ruled in the petitioner’s favor.
To keep yourself from being jailed, fined, or both, you need the help of expert DUI defense attorneys. If you don’t know how and where to look for one, below are some factors to consider:
Expert in the rules of criminal procedures
When you’re caught driving under the influence (DUI), you are immediately brought to the judge. If you plead guilty, you will be sent to jail right away. However, if you don’t want to give up on your freedom, your lawyer will tell you to plead ‘not guilty’ and invoke your right to a fair trial. Your lawyer will then post bail on your behalf so that you can go and await the schedule of your preliminary hearing. During this hearing, the court will determine whether or not there is probable cause to launch a case against you formally.
You must choose a DUI attorney who knows the procedure and rules down to a tee to ensure that your rights are protected. The more he knows, the more defenses he could come up to have the case dismissed for lack of probable cause or on technicalities. If you were caught and the police didn’t recite the Miranda warning, your camp could question the apprehension’s validity and assert it as unconstitutional. This could be a strong ground to dismiss your case. If you were detained longer than stipulated by law and the detaining authorities failed to establish a probable cause, your lawyer could also raise the validity of the detention and have the case dismissed in your favor.
Suppose you’re awaiting your preliminary hearing schedule, and you weren’t duly notified of the said schedule and served with notice of the complaint. In that case, your seasoned DUI defense attorney could also raise these irregularities in the criminal procedure and have the case dismissed on a mere technicality. You see, if you’re working with a DUI defense lawyer who is an expert in procedural law, you can use a lot of defenses to close your case even before it reached the litigation proper.
Writes impeccable answers and replies
Before you go to court to litigate, there would be a lot of paperwork involved. As soon as the petitioner issues the summon, you need to write an answer within a specific period. The Answer will contain all the defenses and pieces of evidence your side should sufficiently convey and explain. Your lawyer should also be an excellent writer to ensure that your points and rebuttals are correctly and clearly relayed. The prosecutor will base his decision on whether not the case has probable cause, so you must pull in all your explanations in this part.
Outstanding in interpellation and litigation
Aside from the two characteristics mentioned above, it would also be beneficial on your part if you’re working with a seasoned litigation lawyer. Not all lawyers who are good at writing pleadings are also excellent in interpellation. It takes experience and expertise to have a commanding presence during litigation. If the case moves to the actual trial, you need to face the petitioner in court as you rebut all their accusations. You can only win the case when your lawyer asks the right question, explains the case and your defenses clearly, and adequately assert the supporting statutes to support your defense.
These qualifications may be short, but if you happen to find a DUI defense lawyer who possesses all these qualities, you can say that half of the case is already won. The only thing left for you to do is fight it all out in court.
