Like most people, you have probably heard someone say “if he was charged with DUI, he must have been DUI and just needs to plead guilty in Court.” Unfortunately, if more people understood the requirements and intracies of DUI charges, you would probably instead hear “if he was arrested for DUI, that does not necessarily mean that he was actually DUI and he needs to make sure that the State has sufficient evidence and has acted properly.” The former saying is supported by events in history such as the Spanish Inquisition or the Salem Witch Trials, while the latter is supported by our forefathers’ belief that we are innocent until proven guilty, a belief that should be at the absolute core of our thoughts and actions. While we are all taught this fundamental aspect of our Legal System as early as in Middle School civics classes, as we all mature and suffer through some of life’s difficulties, it becomes easier to become jaded and simply believe that if someone is arrested for an offense, then (s)he must be guilty. Put simply, it is easier to assume the worst than it is to take the time and energy to actually consider the particular circumstances in each situation.
In addition, in order to ensure that everyone is treated fairly by the government, certain constitutional and statutory processes and procedures must be followed by the State. Occasionally, the State deviates from those processes and procedures, and in such situations, a person charged with a criminal offense may have certain defenses or protections from prosecution. Specifically regarding DUI charges, an experienced DUI Attorney will understand that each DUI offense can have unique circumstances or facts that may provide substantive and/or procedural defenses to the charge.
If you are charged with DUI – or any other criminal offense – a qualified and knowledgeable attorney can assist you by objectively reviewing the legal requirements that the State must prove to successfully prosecute you along with the facts and circumstance of your particular situation so that a determination can be made as to how best to proceed in your particular situation. An experienced criminal defense attorney can also review the manner in which the State pursued or processed the investigation and case against you in order to determine if your constitutional and/or statutory rights have been violated during the process.
Do not assume that simply by being arrested that the State has enough evidence to convict you or that the Government has acted properly or appropriately in processing charges against you. Consult with an experienced and knowledgeable criminal defense attorney to ensure that your rights and future are protected.
