The first step in the process of fighting DUI charges (http://www.fightyourcase.com) in Sarasota is to obtain a DUI Defense Attorney to help you analyze and prepare for the case. Your attorney will advise you of your Fourth Amendment rights (http://en.wikipedia.org/wiki/Fourth_Amendment_to_the_United_States_Constitution). These rights determine whether or not the DUI charges are valid. It is important for your defense attorney to ensure your fourth amendment rights were granted during the traffic stop because, if they were not, that means you have fallen victim to an unreasonable search and seizure (http://www.nolo.com/legal-encyclopedia/search-seizure-criminal-law-30183.html).
What Are Your Fourth Amendment Rights?
According to FindLaw.com, an individual's fourth amendment rights are as follows, "Fourth Amendment - Search and Seizure: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
What Are the Three Cases?
The process ahead of you is challenging, but it is not impossible for your attorney to fight these Sarasota DUI charges. Under most circumstances, the driver believes their defense attorney is only handling one case for them. This is not the reality of the situation, though.
1. The criminal case: this case involved all the charges associated with your DUI arrest, as well as any additional charges you may face if there was an accident or injury involved.
2. The civil case: these cases are based upon infractions received during your arrest. Examples of infractions include careless driving, speeding, and weaving through lanes.
3. The administrative case: this is the hearing involved with the DMV for drivers who had a BAC of .08 or greater and for those who refused to submit to a blood, breath, or urine test. When a driver faces these charges, their license is suspended and a hearing is necessary within ten days.
How Are the Cases Fought?
An experienced defense attorney (http://www.fightyourcase.com/best-sarasota-dui-lawyer.aspx) will help you challenge the charges against you, to reduce the penalties that are imposed. In order to do so, they must gather as much information from you as possible regarding your DUI arrest and the circumstances involved. They will ask you questions like:
- What were the circumstances surrounding your traffic stop? The attorney wants to ensure an illegal search was not conducted and that the driver's rights were not compromised.
- Did the law enforcement official use proper protocols during the traffic stop and the arrest? Proper protocol includes providing the driver with a detailed reason for their traffic stop and, if the driver is arrested, that their Miranda Rights were read. This evidence is collected on the dashboard camera of the officer's vehicle.
- Did you participate in a field sobriety test? If you refused to do so, the officer must read you the implied consent law. If they did not, this is proven by viewing the dashboard
- camera evidence.
- Were you cooperative with the law enforcement official? Even if you refuse to take the breath test, you must be as cooperative with the officer in order to build a better defense case.
- Were there any witnesses present who can provide testimony? A witness's testimony can help strengthen your defense case if the dashboard camera malfunctioned and you need someone to corroborate your story.
Fighting DUI Charges is Challenging
DUI cases in Sarasota are challenging and must be handled by an experienced defense attorney (http://www.fightyourcase.com/office-locations/criminal-lawyers-sarasota.aspx). If any of the three cases you face are not handled properly, then you face high court fines, the loss of your driving privileges, incarceration, and many more harsh penalties. When the evidence is gathered for your case, though, and you work diligently with your attorney, it is not impossible to fight your DUI charges.