Phoenix, AZ -- (SBWIRE) -- 07/21/2014 -- When someone is charged with driving under the influence, or DUI, a lawyer needs to be able to immediately spring into action. For this reason, firms like Phoenix DUI Lawyer recommend that defendants don't wait and think about what to do. Instead, they should immediately contact a lawyer to begin the process of defense.
"A good defense starts with a thorough examination of all of the evidence that is present, and also makes note of any that is absent," said Ross Steeves of Phoenix DUI Lawyer. "It's important to remember that the court will base its decision on what is in or isn't in the record, as well as prosecution and defense arguments based on those facts. Therefore, evidence examination is always the first step."
In many cases, a DUI case isn't nearly as cut-and-dried as the prosecution might like a defendant to believe. There may be conflicting witness statements, missing or ambiguous toxicology reports, errors in the arresting officer's statements, and other such problems with the state's evidence. A good attorney will point all of these things out to the court and can sometimes get a case dismissed based on the way the facts line up.
Sometimes, however, the state will be found to have an ironclad case that won't break down under the prodding of the defense team. "In these cases, we focus on the next stage: sentencing," Steeves said. "As with many other types of law, there is a wide range of possible sentences for DUI offenses. Of course, our objective is to gain our clients the lightest penalty possible given the evidence."
The plea bargain is one tool that is often favored by attorneys who are defending clients who can be proven guilty. With one of these arrangements, the defendant pleads guilty to a charge that is lower than the one originally brought. "Plea bargains are important, but they're not the only recourse in a case of clear guilt," Steeves noted. "Important factors like a client's prior history, level of intoxication, and other facts can work to reduce a sentence even upon conviction of the original charge. When the charge is misdemeanor DUI and it's a first offense, it's often fine to simply work towards a low sentence."
Of course, the best possible outcome is acquittal. "Defendants should never, ever, assume that an acquittal cannot be obtained. Instead, they should always contact a qualified DUI attorney in Phoenix before making any statements to the police, let alone anything resembling a confession. The lawyer may well look at the evidence and find out that the prosecution's 'great case' is really full of holes."
About Phoenix DUI Lawyer
Phoenix DUI Lawyer is a multi-attorney firm focused on defending clients from both misdemeanor and felony DUI charges in the greater Phoenix area and Maricopa County, Arizona. Along with its lawyers, it has a large staff dedicated to keeping up on the state's constantly changing DUI legislation. It offers free consultations to anyone facing DUI charges within its operating areas.