If you are arrested for a DUI, it can be an incredibly stressful experience. You may feel overwhelmed and unsure of how to proceed. However, knowing what to do after a DUI arrest is essential for minimizing the potential consequences of the charge.
Suppose you know that your blood alcohol concentration (BAC) was above the legal limit at the time of your arrest. In that case, it is even more important that you understand your options. A Greenville, South Carolina DUI lawyer from the Bateman Law Firm can help you with your case and take the necessary steps moving forward.
In this article, we will discuss the steps one should take after a DUI arrest if one knows their BAC is above the legal limit.
BAC Over The Legal Limit: What Does It Mean?
If you know that your BAC, or blood alcohol concentration, was over the legal limit when you were arrested for DUI, it is important to understand what this means and how it will impact your case.
It is important to understand that the legal limit for BAC in most states is .08%. This means that if your BAC was over .08%, you are automatically considered to be impaired and can be charged with DUI. However, this does not mean that you will necessarily be convicted of DUI. The prosecutor will still need to prove that you were impaired by alcohol at the time of your arrest to get a conviction.
There are a few things that can happen if your BAC is over the legal limit. First, the prosecutor may try to use your high BAC as evidence that you were impaired by alcohol at the time of your arrest. They may also try to get testimony from witnesses or experts about how someone with a BAC as high as yours would be expected to act and look.
If they can convince the judge or jury that you were impaired by alcohol, then you will be convicted of DUI.
However, if the prosecutor cannot prove that you were actually impaired, then you may be acquitted of DUI even if your BAC was over the legal limit. This is because several other factors can contribute to a high BAC reading such as food, medication, and mouthwash.
Documenting Your DUI Arrest And Charges
If you were arrested and know that your BAC was over the legal limit, there are certain things you should do to document the DUI arrest and charges. First, get a copy of the police report from the arresting officer. This will document the facts of your arrest, including your BAC.
Then, request copies of any video or audio recordings made during your arrest, such as a dashcam video. Finally, keep a record of all documents related to your arrest, such as towing fees or bail bonds. By documenting your arrest and charges, you will be in a better position to defend yourself against the DUI charge.
How To Proceed After A DUI Arrest If You Know That Your BAC Was Above The Legal Limit
You should take steps to protect your rights if you were arrested for DUI with a blood alcohol content over the legal limit. In the first instance, you should contact a DUI attorney as soon as possible. Protect your rights and navigate the legal process with their assistance.
The next step is to attend your arraignment, where you will be formally charged with DUI. At this point, you will have the choice to enter a plea of guilty or not guilty. If you plead guilty, you will be sentenced according to state law. If you plead not guilty, your case will proceed to trial.
At this hearing, the judge will set bail and schedule a pretrial conference. If you can post bail, you will be released from custody until your next court date.
At the pretrial conference, your attorney will discuss the facts of your case with the prosecutor. If they can reach an agreement, you may be able to plead guilty to a lesser charge or have the charges against you dropped altogether. If no agreement can be reached, your case will go to trial.
If you are convicted of DUI, you will face harsh penalties, including jail time, fines, and a driver’s license suspension. You may also be required to install an ignition interlock device in your vehicle and attend alcohol education classes.
A DUI conviction can have a lasting impact on your life, so it is important to get experienced legal help if you find yourself in this situation.
It is important to remember that even if you know your BAC was above the legal limit, you still have the right to a fair trial.
The Consequences Of a DUI Conviction
A DUI conviction can result in a variety of consequences, including jail time, fines, and a driver’s license suspension. The specific penalties that an individual will face depend on the laws of the state in which they were arrested, as well as the facts of their case.
For example, a first-time DUI offender in California may be facing up to six months in jail, a fine of up to $1,000, and a driver’s license suspension of up to 10 months. A second-time offender may be looking at up to one year in jail, a fine of up to $5,000, and a two-year license suspension.
And someone convicted of DUI three or more times may be facing up to three years in prison, a fine of up to $10,000, and a three-year license suspension.
Additionally, a DUI conviction will remain on your criminal record for life. This means that it can show up on background checks conducted by potential employers or landlords. It can also make it difficult to obtain certain professional licenses or loans.
After a DUI Arrest Speak to the Best Greenville, South Carolina DUI Lawyer!
Qualified criminal defense attorneys in Greenville, South Carolina, from the Bateman Law Firm, can help you navigate the complex legal system and fight for the best possible outcome in your case.
Our attorneys will work with you to review the facts of your DUI arrest and develop a defense strategy tailored to your specific situation. In some cases, it may be possible to challenge the accuracy of the BAC test or argue that there were extenuating circumstances that contributed to the high reading.
In other cases, it may be possible to negotiate a plea deal with prosecutors that results in reduced charges or a lighter sentence.
No matter what route you decide to take, an experienced criminal defense attorney will be an invaluable asset as you navigate the legal system and fight for the best possible outcome in your case.
Contact the Bateman Law Firm right away to arrange a solid legal defense!