Building a Vienna First Time DUI Defense

Following a DUI arrest, you may feel overwhelmed, especially if it is your first offense. It can be difficult to determine what your next steps should be, but you do not have to figure it out alone. If you have been charged with a DUI, it is imperative that you consult a seasoned DUI lawyer. A skilled attorney could begin building a Vienna first time DUI defense for you.

Speaking With the Defendant

Local DUI lawyers usually start building a Vienna first time DUI defense by speaking with the individual and finding out what they remember from the case. This involves going through everything that happened to the individual that night and asking about what their driving behavior was like. An attorney may also ask about the defendant’s interaction with the police officer, how the stops were enacted and whether or not there were field sobriety tests that were done.

Motions for Discovery

The defense might reach out to the prosecution and also file motions for discovery, in order to access evidence that the prosecution has. For example,  a defense lawyer may try to look at the DUI video, which is something that a dashcam may have captured, and could also show how the defendant did on a field sobriety test, and whether or not the person’s performance indicated intoxication under the national standard.

Certainly, they could ask for reports like breath test results or breathalyzer reports that were achieved during the course of the investigation. All of these are things that the defense attorney needs to know so that they can begin building a Vienna first time DUI defense.

Factors Attorneys Consider When Building a Defense

The factors that lawyers consider in DUI cases include situations like how the person’s driving behavior was before they were pulled over, what reason they were pulled over for, to begin with, and whether the officer will be able to articulate that the person was committing some type of crime even before they were pulled over.

Attorneys pay very close attention to details like how somebody’s speech was, what their interactions looked like with the officer, what the officer said, if there were indicators that made them ask the person to step out of the vehicle, and whether or not the person made any statements. These are all things that the attorney is going to ask, as indicators of whether or not the officer should have even continued with the DUI investigation.

Penalties for First Time DUIs

The penalties charged for a first-time DUI are going to vary depending on the facts and circumstances of the case and depending on what a person’s criminal record is. A first time DUI can carry up to 12 months in jail and up to $2,500 in fines as well as a license suspension and additional court-ordered sanctions, including the Interlock Program and alcohol substance abuse program classes as well.

Impact of BAC on Penalties

In some situations, a person, because of their blood alcohol level, will have what is called a heightened BAC-DUI, and in those situations, there would be mandatory minimum time.If it is a 0.15 to 0.20 blood alcohol level, somebody is going to be facing five mandatory days in jail in addition to whatever other sentences the judge wants to give. In situations where it is a 0.20 or above, there is going to be a mandatory minimum of ten days in jail in addition to the other punishment that the judge wants to give.

Mistakes to Avoid for First Time DUI Defendants

If you have just been charged with a DUI offense and you have not yet been into court—for example, if you are in your vehicle and the officer decided to arrest you for a DUI offense—one major mistake that you could make is admitting that you have been drinking or incriminating yourself in any other ways. It is best to just remain silent when an officer pulls you over, politely decline to do the field sobriety test, and politely decline to do the preliminary breath test as well.

The biggest mistake to avoid is not consulting an attorney. The process of building a Vienna first time DUI defense is nuanced and difficult, which is why it is important to retain the services of a skilled DUI lawyer. If you have been charged with a first time DUI offense, work with an experienced legal advocate that could build a solid case for you.

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