Thursday, September 29, 2011

What Are Your Rights in a DUI Case?

For those that are caught driving while drunk, then they are having to go through a DUI trial. This is an uncertain time for many people out there since it means that they are experiencing something that they may have never went through before. With this in mind, these people have many questions concerning what could happen during this trial. For those that are found innocent during their trial, then they have nothing to worry about. However, for those that are found guilty at the end of their trial, then they are facing criminal charges that could result in jail time or so forth. But, before any of this is running across the person's mind, they need to realize that they have certain rights before the trial in order to make sure that they are getting everything in order.

Attorney Rights

The person that gets pulled over with DUI are going to find that one of the first rights that they are entitled to is the attorney that will represent them in order to get their case handled. The attorney is there to represent the person and defend, and this is their main job. The person also needs to make sure that they can afford the attorney, if not, then the state will provide one for the person.

Jury Rights

You have two options when it comes time to have the trial. You can choose to have a trial with a jury that will judge you, or the person can choose to have a trial in front of the judge only. Most of the time, the person's lawyer will present them with advice as to which option is the best one for them to choose in the end.

Confrontation of the Accuser

Those that are having a trail do have the right to confront the person that is accusing them of driving under the influence. This usually means that the person is questioning the accusing officer, who has made these allegations against the person. For example, if the person did not have a breathalyzer performed, then they may accuse the officer of not doing their job completely, which could in many states dismiss the case that the state has against the accused.

Testify

The person that is being accused and is facing charges for the DUI, they do have the right to call people to testify on their behalf. For example, the person may find that if they had passengers they can let the people talk about what actually happened when they were pulled over. Of course, if there are no other witnesses, then the presenting of testimonials is not something that they have to worry about since it does not pertain to their case.

Overall, those that are pulled over for a DUI are in for a trial that could be tedious. But, the person does have many rights when it comes to how the trial is held. The person should be aware of their rights so that they know what they are getting themselves into and can be prepared for the trial date and ready to present their best case.

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