Archive for the ‘Tacoma DUI Attorney’ Category

Introducing Reasonable Doubt: How a Tacoma DUI Attorney Can Help

DUI charges are criminal charges, which means that a prosecutor has a burden of proving your guilt beyond a reasonable doubt. If a prosecutor cannot convince a judge or jury to believe beyond a reasonable doubt that you drove drunk in violation of the law, you will be found innocent of the charges against you. This means that  Tacoma DUI attorney does not need to prove you are innocent in order to get you off on the DUI: he just has to introduce doubt or prevent the prosecutor from being able to prove your guilt.

Introducing Reasonable Doubt

A Tacoma DUI attorney can introduce reasonable doubt in a DUI case by showing  the judge or jury that there was something wrong with the evidence being presented against you. For instance, your Tacoma DUI attorney may be able to cast doubt on the accuracy of the breathalyzer test that was administered by showing that the machine had not been calibrated properly or that the officer who administered the test had never really been properly trained in how to do it.

If you had a blood test or other BAC test at a hospital or police station after your arrest, your Tacoma DUI attorney can use a defense called the “rising BAC” defense in order to introduce doubt. This defense argues that your blood alcohol level kept going up even after you were arrested, so although it might have exceeded the legal limit when the test was given to you, it didn’t at the time when you were driving.

By introducing these different DUI defenses, your Tacoma DUI attorney can poke holes in the prosecutors case. If the judge or jury then believes that your version of events might be the true one, you can avoid the serious consequences associated with a Seattle DUI.

Can a Tacoma DUI Attorney Help Me Arrange a Plea Bargain?

When you are charged with a DUI, you have several different options on how to handle your case. For instance, you may decide to take the case to court and try to prove your innocence using various DUI defenses. You may also decide that you do not have a viable defense and agree to plead guilty. Before making a choice on which option is right for you, it is important to speak to a Tacoma DUI attorney. In instances where you decide to arrange a plea bargain, your Tacoma DUI attorney can also assist you in trying to get the best deal possible from the prosecutor.

Arranging a DUI Plea Bargain

A plea bargain is essentially an agreement where you tell the prosecutor that you will plead guilty and admit to the DUI so the prosecutor does not have to prove the case in court. In exchange for your pleading guilty, the prosecutor may choose to give you a lesser sentence. Your Tacoma DUI attorney can help to try to convince the prosecutor that this is the best course of action.

In some cases, your Tacoma DUI attorney may be able to get the prosecutor to agree to allow you to plead to a lesser charge than DUI, such as reckless driving. In other instances, you may still need to plead to a DUI but your Tacoma DUI attorney may be able to get the prosecutor to agree to recommend a lighter sentence involving a lower fine, less jail time or an alternative to jail.

Whether your Tacoma DUI attorney will be successful in arranging a plea depends, in large part, on how strong the evidence is against you; how intoxicated you were; whether anyone was injured or any property was damage as a result of the DUI; and whether you have prior offenses. In any case, however, having the expertise of a Tacoma DUI attorney who is familiar with the court system and the plea bargaining process is sure to result in a better outcome than one you would have been able to achieve on your own.