One of the more common criminal charges that individuals may be charged with is driving under the influence of alcohol. While these criminal charges are fairly routine to most prosecutors and attorneys, individuals are often poorly informed about these charges, which can make it extremely difficult for them to mount a successful defense. To help you be better prepared to face this charge, you will need to be mindful of these myths and their realities.
Myth: You Must Be Over The Legal Blood Alcohol Limit
There is a common misunderstanding that a person must be over the legal limit for blood alcohol content in order to be charged with this crime. However, the legal system recognizes that alcohol will impact everyone in different ways. As a result, it may be up to the discretion of the police offer as to whether to arrest you for this offense if they suspect that your ability to operate the car is being impaired.
Myth: You Will Have To Serve Prison Time For A DWI Conviction
There is a common misunderstanding among some people where they assume that spending time in prison is unavoidable for those that have been charged with this offense. While it is true that most legal codes stipulate that a jail sentence is required for this conviction, many jurisdictions will relegate this to probation for first-time offenders. However, if you make the mistake of being charged with this crime again in the future, you may find that the judge and prosecutor are far less willing to let you avoid a prison sentence.
Myth: You Can Always Limit The Costs Of The DUI Or DWI By Opting To Use A Public Defender
Fighting to defend yourself against one of these charges can be a rather expensive affair. Not surprisingly, many people will want to reduce these costs. To this end, you may assume that you will simply be able to use a public defender to avoid the need to hire an attorney. However, you need to be aware of the fact that there are strict regulations concerning the appointment of a public defender. Typically, you will have to prove to the court that you lack the ability to pay for this type of representation. Even if you qualify for this type of representation, you may want to first attempt to work out a reasonable payment plan with a private defense attorney. These attorneys will have a much lighter case load than a public defender, which will help them to ensure that your case is given the attention and time that it deserves.