Rick Davis & Associates
5 Considerations for DUI Cases
Drunk driving cases can lead to devastating life changes. Many people who are facing these charges choose to fight them. This is done in an effort to minimize the penalties and consequences they face. It is imperative that individuals facing these charges understand their rights and the options they have and will make informed decisions.
#1: Drunk driving charges vary based on circumstances
The type of drunk driving charge you are facing impacts the case. Variations are due, in part, to circumstances present at the time of the arrest. For example, your blood-alcohol concentration and age play a part in your charges. An underage person can face charges for a BAC of less than .08 percent. However, a driver who can legally drink wouldn’t likely face charges unless one’s BAC was at least .08 percent. Your driver’s license status can also impact the charges. Commercial drivers have a lower BAC standard than regular drivers.
#2: Implied consent laws apply
You must provide a sample to determine your BAC if an officer asks you to do so or else you can face consequences based on Texas’ implied consent law. You might face a driver’s license suspension because you didn’t provide the sample. You can face this possibility even without being drunk.
#3: Penalties are based on case factors
The circumstances of your case determine the penalties you face. Higher BAC percentages might lead to enhanced charges. Accidents and previous drunk driving convictions might also lead to enhanced charges or more severe penalties. Understanding what penalties you face in your case can help you plan a defense.
#4: Defense strategies vary considerably
You must consider all possible defense strategies for your case. You might even have to include more than one strategy. Acknowledging that you did drive drunk but stating there were extenuating circumstances is one option. Another is denying that you were intoxicated. This might include calling the BAC test results into question. You must find out what the prosecution is using in the case against you. You can use that information to choose defense points to call that case into question.
#5: Collateral consequences occur
Consequences not imposed by the court, known as collateral consequences, might occur. Social stigmas, losing friends, not having transportation and losing a job are examples of collateral consequences. Thinking about these points can help you to stay on course when you are planning your defense strategy against the charges.
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