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What Does a DUI Attorney Do?

May 21, 2024

Driving while under the influence of drugs or alcohol is a crime in every state and could earn an offender a prison sentence and costly financial penalties in New Jersey. A conviction also could cause an offender to lose a job and have trouble finding another, depending on the type of work that person does. According to Value Penguin, 43% of Americans admitted to driving under the influence of alcohol in 2021. Many needed legal help, and here's what DUI attorneys do for their clients.


Uphold Your Rights

A DUI charge usually starts with a police officer stopping someone for a traffic offense, which might lead to drug and alcohol testing and eventual charges. A police officer must have probable cause to pull you over and good reason to suspect you might be under the influence of drugs or alcohol. Without probable cause, the police can't start testing you. If they did, an attorney might get that evidence tossed out of court and any related charges dismissed.


Ensure Evidence Is Lawful

Even when the police initiate lawful stops and have probable cause to suspect drivers are under the influence of drugs or alcohol, any evidence collected isn't necessarily condemning. Experienced DUI attorneys can question how the evidence was gathered through blood or urine testing. They also can question how it was tested and handled by police labs. If there are any problems with how the evidence was collected, it might be thrown out along with the case.


Arrange Plea Deals When Possible

When the evidence and case are solid, a DUI attorney might arrange a plea deal that reduces charges and potential penalties. You might be able to continue driving to and from work and for other important matters instead of losing your driving privileges. You also might be able to get a diversion agreement that requires completing a substance abuse program, counseling, or a driver safety course. Your attorney might argue extenuating circumstances caused you to make a mistake, such as the recent death of a child or a messy divorce, which caused a momentary lapse of judgment.


If you are charged with driving under the influence, you can call us at Kavanagh & Kavanagh LLC to schedule a free consultation with one of our experienced DUI attorneys. We are open 24 hours a day and offer payment plans and video conferencing.

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