An arrest for DUI can cause an individual to respond in many different ways. One common response is to refuse a breathalyzer or blood test to show blood alcohol content. Such a refusal will lead to a DUI refusal hearing. This hearing can be incredibly difficult for even the brightest defendants to navigate. Knowing more about the circumstances of this hearing is essential for defendants to mount any sort of case to defend themselves.
DUI refusal hearing
A DUI refusal hearing is connected to the actions that occur when an individual is arrested for a DUI. When many individuals are pulled over on suspicions of drunk driving, a police officer will administer a blood or breathalyzer test to create an objective record of an individual’s intoxication. It is possible for an individual to refuse such a test. However, the refusal of a breathalyzer test will most likely result in an arrest on suspicion of DUI and a DUI refusal hearing.
This refusal hearing is somewhat different from the vast majority of other court hearings. In this hearing, the burden of proof is on an individual to prove to a judge that they were not driving under the influence. A person who cannot meet that level of proof will most likely be found guilty of DUI and sentenced to a wide variety of penalties depending on their record and the circumstances of the offense.
Do I need a lawyer?
Individuals certainly need a lawyer for a DUI refusal hearing. A lawyer like William Hanlon Tampa Criminal Attorney can ascertain the facts and help a defendant plot out their next moves. Lawyers can target potential due process violations and the mishandling of evidence. They can ensure that the arresting officers involved acted properly and fairly towards a defendant. There is even a chance that an individual will be able to prove their innocence with the help of a lawyer.
In practically every instance, paying a lawyer is worth the greater likelihood of avoiding or reducing the severity of a charge. Individuals should consider hiring a lawyer a necessity and should not downplay the significance of a DUI charge. DUI convictions could lead to considerable fines, jail time, and a blot on an individual’s criminal record. These consequences are the clearest reason why an individual should secure the best possible chance of avoiding conviction and hire an attorney.
What to do
Any individual facing a DUI refusal hearing needs to choose a local, experienced attorney to handle their case. They need to meet with the attorney and bring in any evidence that they think may be relevant to their case. The defendant then needs to share a truthful account of what happened with their attorney. An attorney will then be able to set up a road map for the hearing and its potential aftermath. Individuals with attorneys will be more prepared for plea negotiations and any actions that a defendant might take to benefit them through the sentencing process if they are convicted. In many cases, an experienced attorney will be able to secure a generous plea deal for a first-time offender. If not, an attorney will serve as an individual’s representation as they fight the charges against them in a courtroom.
Conclusion
Individuals who are facing a DUI refusal hearing need to contact a lawyer immediately. A call to a lawyer should be one of the first calls they make after they secure release from jail. The lawyer will help them negotiate with prosecutors and collect evidence. Even a handful of sessions with a lawyer will lead to an individual being prepared to tackle their case and present the best defense possible.
