Driving while drunk is a crime in all fifty states. And, in all fifty states the definition of drunk is a blood alcohol level of 0.08% or higher, whether impaired or not. Further, DUI laws ban driving under the influence of illegal or prescription drugs. If there is an accident or death, the driver may be charged with felony DUI.
There must be certain facts proven to convict someone of DUI including:
1. the person drove a vehicle
2. at the same time, the person was “under the influence” in that the ability to drive was impaired by alcohol, taking a drug or combined alcohol and drugs.
People charged with DUI should hire an experienced attorney like Rocky Wiechman. Former clients say Wiechman is the Best DUI Lawyer in Newton KS. Call the Rocky Wiechman Law for more information. Usually, defendants will have an arraignment sometime after the arrest. The attorney advises clients how to plead at arraignment and whether or not to ask for a jury trial. In addition, the attorney files motions to protect the defendant’s rights. Most first-time DUI defendants try to plea bargain. The attorney and prosecutor may be able to reach a compromise, allowing the defendant to plead guilty to a lesser offense. For example, the defendant may plead guilty to reckless driving.
If a driver kills someone, as the result of drinking and driving, they will need the Best DUI Lawyer in Newton KS. The defendant faces a felony conviction and could go to prison for many years. In fact, prior convictions for misdemeanor DUI could lengthen the sentence. Third and fourth DUI’s can also result in felony charges, whether or not someone was killed or injured. One of the only ways to beat a DUI is to question the validity of the tests. Unfortunately, judges and juries tend to put a lot of trust in blood alcohol tests. The lawyer may try and use the testimony of a passenger to prove the defendant was not impaired. Defendants probably have a better chance of being acquitted with a jury trial. Judges tend to be more skeptical of the defense’s case.
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