6 Popular Myths About DUI Charges
If you’ve ever bought a home, most likely, you used an experienced realtor. If you have a specific medical condition, you go to see a specialty doctor. The logic is simple: Buying a home is a stressful process and being in bad health is scary and uncomfortable. Clearly, you want professionals on your side who understand the process and inner-workings of each, specific situation, to help get you the best possible results.
Facing criminal charges can be just as terrifying and uncertain as poor health and navigating the criminal justice system can be just as overwhelming as buying a home. Still, so many people question whether they should hire an experienced, specialized attorney after they’ve been arrested for DUI or DUI related charges.
DUI is one of the most committed crimes in the United States. And most often, the offense is committed by “noncriminals.” In other words, by respectable citizens who have most likely never been in trouble with the law. Therefore, the tendency is to seek representation from an attorney who is not well versed in drunk driving defense. Maybe you’re considering your family law attorney or your business attorney to represent you for your DUI case.
Of course, both of those attorneys may very well be excellent lawyers, competent enough to take on your case. However, a successful DUI defense requires someone who not only has knowledge of basic legal principles but specializes in DUI specifically. Below, we will discuss the six most common myths about DUI charges, to consider before choosing just any attorney to represent you.
1. I am automatically guilty.
It’s important to remember that a DUI charge and a DUI conviction are not the same. There are strict rules regulating how a DUI case is to be handled in court, and, if the rules are broken, you may be able to get your charge(s) reduced or have your case dismissed. That is why you need a knowledgeable and efficient attorney on your side, to help defend your case.
2. These cases can’t be won.
Remember that every case is different, and what constitutes a “win” is different for everyone. An experienced, specialized attorney has the skill and ability to assess the facts in your case and achieve the best possible outcome for your situation, minimizing the negative consequences.
3. DUI is a minor offense.
Some people may think that a DUI is like a traffic ticket, and therefore they don’t take the charge as seriously as they should. Regardless of whether you have been charged for the first time or this is your third charge, understand that driving under the influence of alcohol or drugs is a criminal offense that may lead to a variety of serious consequences and a permanent criminal record.
4. I won’t go to jail for a first time offense.
Fortunately, Oregon has the Diversion Program as an option for eligible first time offenders. This program is generally available to you if you have not had a DUI in the last fifteen years, but there are exceptions to this qualification. You want to work with a capable DUI attorney who understands the nuances of each eligibility requirement. Additionally, it’s important to note diversion is available only for your DUI charge, and not for any other charges you might be facing.
5. DUI cases are just like any other criminal case.
As common as DUI may be in our courts, it is one of the most difficult criminal defenses to understand and to litigate. Most criminal charges hinge solely on one legal issue, whereas with a DUI, there are several legal issues to consider. Further, in additional to the criminal charge, handled by the court, you are simultaneously dealing with an administrative license suspension, imposed by the DMV.
6. My blood alcohol content cannot be challenged.
Police officers measure your blood alcohol content (BAC) with a breathalyzer machine, to determine whether you are under the influence of alcohol. Sometimes, this machine can produce inaccurate results because of human error, faulty equipment, or specific medical conditions. An attorney can help you understand whether the results of your test can be challenged and how doing so can improve your situation.
RDF has the ability to help you
If you or a loved one has been arrested for DUI, Reynolds Defense Firm is the specialized DUI team that you want on your side. Our expertise allows us to be the absolute best we can be in the one area of law that our clients hire us for – DUI defense. I hope you never need to call us, but if you or someone you believe in needs help, please contact us today, at 503.223.3422. You can also do a live chat on our website to learn more about how we represent good people facing DUI charges.