Criminal Defense Lawyer and DUI Cases

Don’t drink and drive. It’s a very simple rule and yet many people violate it. If you’re facing a DUI case, you can still escape from punishment through the help of a capable criminal defense lawyer.

Drinking under liquor influence is a bad thing to do because you’re putting yourself in danger and other people in the road. Oftentimes, punishment includes suspension of your driver’s license so make sure that you act immediately. If you’re brought to jail and you’re required to post bail to ensure your freedom, contact your defense lawyer at once.

After being bailed out, it’s now time to talk with your lawyer and handle the matter in court together. In the US, DUI cases are divided into 2 cases – the criminal court case and the case under the Department of Motor Vehicles. These cases should be handled within ten days beginning on the date of your arrest.

Like all other criminal court cases, it will start with the arraignment. Most defense lawyers will tell their client to plead ‘not guilty’ even if they’re guilty of the crime. If this is the case, your defense lawyer will have ample time to review all the case facts to establish defense.

There are so many defense strategies that the lawyer can use to prove your innocence. DUI is not as grave as murder, so try to relax and remember not to commit it next time around.

Most defense lawyers will argue that there is lack of evidence or probably cause when the police stopped your car. By making this argument, evidences to be presented by the police may be suppressed.

Another good argument is the faulty result of the ‘blood alcohol test’ or BAC. Through this test, the alcohol level in the person’s blood can be determined. Unsafe driving can only happen once the individual has reached the maximum limit of the alcohol level. Faulty results may be due to improper administration of the BAC test, improperly maintained test equipments, or your lawyer can also argue that you have a medical health condition which impairs the test’s reliability.

The defense lawyer can also attack the witnesses, particularly the officer who arrested you. If the defense can ruin the credibility of the police concerned, then the case will surely favor you. Some witnesses tend to feel uneasy when sitting on the witness stand and if your lawyer is intimidating, the witness may be able to give inconsistent testimonies.

If you’re guilty of DUI and your defense lawyer has done everything in his capacity to establish defense but with no luck, you may be advised to accept an agreement for the favorable plea. If you do this, the charges for your DUI case will be reduced.

Clients who wish to continue the trial despite the advice of the defense lawyer to accept such agreement mentioned above will only suffer the consequences. The accused can incur a permanent criminal record which will be attached to him for the rest of his life.

Make sure that you hire a criminal defense lawyer who is an expert in handling DUI cases. Criminal cases vary and so you really need to get a good one. If you don’t want to be charged with DUI, never drive when you’re already drunk. Preventing DUI cases is still the best so that you won’t incur any legal costs.

A Criminal Defense Lawyer’s Theory on Criminal Punishment

Significant theories are now directed to be able to explain or even justify the goals of punishment, criminally. These theories serve as basis for observing deterrence, restraint, retribution, rehabilitation and even restoration. There are times wherein punishment tends to advance these goals. On the other hand, there are punishments which promote a certain goal yet violating or can be quite conflicting with another. These are things that a criminal defense lawyer must put into consideration.

Deterrence Theory
Supporters of the deterrence theory believe that when punishment is given to a person who is guilty of a crime, pain inflicted will discourage the offender to commit the crime again. If the offender specifically reflects the theory, then he or she is referred to as a special deterrence. The effect that a punishment serves as a threat or public example and deters other people, aside from the offender, to commit similar mistakes is known as general deterrence.

Restraint
There are those who believe that a punishment’s goal is to restraint the offender. A convicted person who is executed, confined or incapacitated will no longer think of repeating the crime which may harm the society. He offender will no longer have the opportunity or ability to do other more crimes.

Retribution
This theory states that punishment should be imposed on the accused party so that society may have the chance to air out anger towards him or her and think of having vengeance exactly upon the criminal. The supporters of this theory consider punishment as a device to ensure that offender will pay for certain misconducts done in the past and not to anticipate future crime coming from the society.

Rehabilitation
Literally, punishment is aimed at rehabilitating an offender. The supporters of this theory seek to avoid crime by giving the convicted persons treatment and education which are said to be necessary in eliminating any thought of criminal tendencies. Furthermore, skills are being enhanced due to activities that promote productivity to the members of the society. This is a positive theory that teaches offenders on how to spend more time expressing oneself through being productive or just from learning.

Restoration
A victim-oriented theory, rehabilitation is an approach that focuses on compensation or restitution for the victims of a crime. Rather than focusing on the criminal’s punishment, it tends to restore the victim’s capacity to live a normal life through the creation of constructive roles during criminal processes. The promoters of this theory strongly believe that victims having this kind of involvement can be alleviated from pain and traumatic experiences thus promoting the healing process and facilitating a healthy reconciliation with the community.

Conflicts based on different theories have a great effect on the goals of the criminal justice process. Justifications representing criminal punishment are not considered to be mutually exclusive in a sense that a particular punishment advances multiple goals all at the same time.

Fact is, there isn’t a theory mentioned above which addresses all goals of the criminal law. A criminal defense lawyer must know that combinations in the theories greatly affect the ideas and decisions of legislators, the judges and jurors. It may also affect decisions of parole authorities to impose power in releasing prisoners.

The important thing is that, one must understand the different theories in order to become more knowledgeable about the case at hand.