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Injured from a Hit and Run with a Drunk Driver, How Do I Report Them? Should I Seek Help at an Emergency Room or Urgent Care After My Accident? Why is Having Car Insurance So Important? Should I Take the Insurance Company’s Offer After an Accident? If You Only Suffer a Minor Injury in a Car Accident, Do You Need a Car Accident Attorney?Can You Avoid a DUI Conviction?
When you have been charged with DUI, you face the choice of working with the prosecutor to obtain a plea bargain or fighting the charges. There are numerous considerations that go into the decision. One thing that you must think about is whether you can win if you try to fight the charges.
We would not make a blanket statement about the merits of each individual case upfront. Everything depends on:
- The existence of evidence against you and its quality
- Whether the prosecution properly handled the evidence from start to finish
- Whether law enforcement violated your legal rights in the criminal justice process
You would have a conversation with your lawyer about each of these points and whether you have a chance of winning your case. Your attorney would help you consider your overall situation and what you may have to lose if you are convicted. They may also consider what could happen if you unsuccessfully try to fight the charges. The result would be that you need to make a decision whether to negotiate or defend yourself. The burden of proof is still on the prosecutor to prove your guilt by meeting every element of the charge.
Deciding how to proceed in a DUI case is not something you should do on your own. You do not want to make an uninformed decision, nor would you want to pursue a course of action based on incomplete information. Accordingly, your first call after an arrest should be to an experienced DUI attorney.