DUI stands for Driving Under the Influence and this can mean drugs or alcohol. If you are pulled over for this offense and cannot pass a test of exams, which are called sobriety tests and does not pass a breathalyzer then you will most likely be arrested. The breathalyzer test shows just how much alcohol is in your bloodstream and if it is over the legal limit, you are considered DUI. When this happens, you will need to get in touch with a DUI lawyer in Portage.
When you first meet with your DUI lawyer in Portage, they will explain all of the possible scenarios with you if you are convicted of DUI, which can include:
• Revoked or suspended driving license up to twelve months or lifetime suspension if they have repeated offenses
• A set number of hours doing community service
• Court ordered alcohol rehabilitation if you have many convictions.
The scenario can be one or more of these possibilities. If they are an experienced DUI lawyer in Portage, they will challenge the arrest. They will try to convince the Court to reduce the sentence or lower the charges. Many times the lawyer will dispute if the police officer was within their constitutional rights to stop their client’s vehicle. The DUI lawyer in Portagecan give their client details on what sentence they can expect if this their first DUI charge or if this is just one of many DUI arrests.
When they go to Court, there are generally several hearings. It will start with a hearing at the Department of Motor Vehicles and the last hearing in the State or County court.
It can be overwhelming to choose a good DUI lawyer in Portage, especially if this is your first offense. You could look for one on the internet or the phone book but the best way is to ask someone that you know who has been in this same situation. When trying to decide which DUI lawyer to hire consider their experience and fees because some will charge by the hour while others charge a flat fee.
DUI lawyer in Portage
Truck DUI lawyer in Portage
In every criminal trial, the defendant faces a critical strategic decision: to testify or not to testify. Those outside the criminal justice system tend to view this decision in simple terms, believing that the innocent will take the stand and tell their side of the story while those with something to hide will not. Experienced criminal lawyers know that the decision is far more complex and rarely has anything to do with guilt or innocence.Testifying is fraught with peril for any defendant. Guilty or innocent, if the defendant takes the stand, the case will likely turn on his performance as a witness. With so much at stake, the pressure on the defendant is enormous. One false step and he could lose his case. During cross-examination, a skilled prosecutor will attempt to confuse him and twist his words to make it appear that he is lying. If he's a bad public speaker or gets nervous and says the wrong thing, he may appear guilty even though he's not. If the jury is turned off by his tone or demeanor, or simply doesn't like him for inexplicable reasons, the defense may never recover.Apart from the impression the defendant makes during his testimony, the mere act of testifying may have the unintended effect of lowering the burden of proof. In a criminal case, a conviction requires proof beyond a reasonable doubt, the highest standard of proof in our legal system. When the only evidence presented comes from the prosecutor, the jury focuses on whether the prosecutor has met that high burden of proof. Once the defendant testifies, however, jurors tend to focus solely on who they believe, the defendant or the alleged victim. Rather than weighing the prosecutor's case against the extraordinarily high standard of proof beyond a reasonable doubt, the jurors tend to weigh the defendant's story against the prosecutor's or the victim's story. This effectively lowers the standard of proof to something approaching a preponderance standard (more likely than not) and dramatically reduces the chances the defendant will win the case.Finally, in some cases, there is truth to the widely held belief that a defendant who chooses not to testify is hiding something. Court rules normally limit the evidence admitted at trial to that which bears directly on the alleged crime. Evidence of uncharged misconduct and prior criminal convictions is usually excluded for fear that jurors who are exposed to such evidence will convict the defendant just because they believe him to be a bad person rather than because they have been presented proof that he actually committed the charged crime. If a defendant testifies, however, he may open the door for the use of such evidence by the prosecution. Knowing that evidence of prior bad acts may prejudice the jury against him, the defendant may elect not to testify so as to avoid any risk of exposing the jury to such damaging evidence.Because of all the risks involved when a defendant testifies, many criminal defense attorneys advise their clients, regardless of perceived guilt or innocence, not to testify unless absolutely necessary. This advice frustrates the countless defendants who desperately want to proclaim their innocence to the jury. Most criminal defense attorneys have learned the hard way, however, that it is usually much safer to attack the prosecutor's case than to put on one of your own.
A DUI defense lawyer can help you through a difficult and traumatic experience. Drunk driving defense is a highly complicated area of the law, requiring experience and training above and beyond that required in a general law practice. A DUI lawyer can analyze your case, uncover defenses and flaws in the State's evidence, and increase your chances for a favorable outcome, whether by plea agreement or trial.A DUI (also called DWI, OWI, or OUI depending upon the State) is too serious a matter for you to handle alone. A competent drunk driving defense lawyer will stand by your side every step of the way. The first thing an Indiana DUI lawyer will do is enter his "appearance" on your behalf, notifying the court that you have an attorney defending your rights. He will request "discovery" in your case, which is access to all of the evidence the prosecutor will use against you. After reviewing and analyzing this evidence, he will be able to discuss your case with you and assist you in deciding whether to enter into a plea agreement or go to trial. He will negotiate with a prosecutor to obtain the best possible offer, or if necessary he will prepare and present your defense at trial.Trial preparation may include taking "depositions" from witnesses or arguing pretrial motions, such as "motions to suppress" or "motions in limine". The purposes of depositions include getting a preview of the State's case and weakening or impeaching the testimony of State's witnesses. Motions to Suppress are used to prevent damaging evidence from being presented at trial, and Motions in Limine are used to prevent the prosecutor from introducing evidence until the court rules on its admissibility. Since the prosecutor in your case is a lawyer who negotiates and tries cases as a profession, you need a lawyer on your side who is equal to the task of opposing the prosecutor's efforts.Although you have a right to defend yourself, there are tremendous risks in doing so, especially if you go to trial. You should know that a pro se defendant is held to the same standard as an attorney at trial. At trial, your attorney will choose a jury (if you have a jury trial), make opening and closing statements, Introduce your evidence and oppose introduction of State's evidence, and participate in determining what jury instructions are given. All of these tasks require legal training.
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