The Role of an Attorney in a First Offense DUI Case in Summerville

When facing charges for a first offense DUI, one of the biggest mistakes that a defendant can make is failing to hire an attorney. A seasoned lawyer could help you get charges reduced or dropped entirely depending on the facts of a case.

The role of an attorney in a first offense DUI case in Summerville is to fiercely defend you and your rights in court. To learn more about how a skilled lawyer could help you with first-time DUI charges, call our office today.

How a Lawyer Builds a Defense for a First Time DUI

The first thing that a lawyer will do when creating a DUI defense is examine evidence from the incident. This evidence may include footage of the arrest, sobriety testing, and breath sample, along with medical evidence.

Reviewing Arrest Footage

Under state law, DUIs must be filmed onsite, typically where the officer pulls the defendant over. This means that an officer’s camera will capture the defendant’s driving, which is evidence that a prosecutor will typically use in court. A DUI defense attorney could assess this footage and determine whether a jury would believe the defendant to be under the influence based on that footage.

Assessing the Validity of Field Sobriety Tests

The next thing that an attorney will likely review is the field sobriety test. When officers pull a driver over, they ask them to step out of the car and perform a field sobriety test, which must also be recorded. A Summerville attorney could also obtain this footage and determine if the tests were performed correctly by officers. If there are any inconsistencies with the performance of the sobriety tests, an attorney could use this footage as a defense.

Examining Breathalyzer Results

A defense lawyer could also compare the footage of a defendant providing a breath sample to the actual number that is displayed. Sometimes, a defendant may not appear intoxicated on camera but still blow a high number on a breathalyzer. In these cases, an attorney could examine the protocols followed at the police station when collecting the sample to see if there could be potential issues with the machine.

Retrieving Medical Reports and Consulting with Experts

Finally, an attorney could retrieve a defendant’s medical reports to assess any medical explanations for their behavior. A Summerville attorney could also consult with any necessary experts that could examine whether an officer was properly conducting sobriety tests for a first offense DUI.

Challenging a License Suspension in Summerville

An individual’s license is automatically suspended if they refuse a breath test. If someone does a field sobriety test, is arrested, and refuses to provide a breath sample in jail, their license is also automatically suspended. Additionally, if someone blows above a 0.16 on a breathalyzer, their license will be suspended.

Fortunately, a seasoned attorney could help appeal this suspension. An individual has 30 days from the date that that paperwork is turned in to the DMV to appeal this license suspension and will also have to pay a $200 fee. This time limit is strict, so it is crucial for someone facing license suspension upon a first offense DUI charge to consult with an attorney immediately to get started on this appeal.

Alternative License Options

An attorney could also assist a defendant in obtaining a temporary alcohol license while the suspension is being appealed. This temporary license allows a defendant to drive while they are waiting for the appeal and only requires a $100 fee. Once the defendant has a hearing for their license suspension, their attorney can present their defense for why the individual should get their license back. If a defendant is convicted for a first-offense DUI, there are certain types of minimal licenses, such as a route restricted license, that their attorney could help them seek through the DMV.

Contact a Lawyer Today to Discuss Your First Offense DUI Case in Summerville

DUI charges can have severe long-term effects on a person’s life. Courts take these cases very seriously, so it is imperative that a person facing these charges reaches out to an experienced attorney for legal guidance as soon as possible. A seasoned lawyer could review evidence, file appeals, and potentially have charges lowered or even dropped.

Do not undervalue the role of an attorney in your first offense DUI case in Summerville. Reach out today to discuss your situation with a dedicated professional.