To plead or not to plead guilty is the dilemma confronting many DUI arrestees. The accused could be too short on resources to hire a high profile lawyer to plead his case, or the circumstances could make it pretty clear that a conviction is around the corner. In that case would it not be wiser to plead guilty and save yourself botheration and expense of hiring a lawyer? Alternatively, if you feel that you stand a good chance of coming through DUI proceedings unscathed, then hiring a lawyer would seem like an attractive option.
There are some situations where the likelihood of getting convicted for the DUI offense would seem pretty high. Such circumstances are:
A higher than average BAC reading
There is unassailable proof of drunk driving
In such situations you may assume that pleading guilty could be the easier option saving you the expense of hiring a lawyer. But all said and done, hiring an attorney could prove to be the turning point that saves you from getting convicted for an offense that could otherwise destroy your career and life.
The advantage of hiring a trained and experienced hand as your attorney is that he might notice small but legally significant loopholes in the officer’s testimony or violations of the laid down law that compromise the defendant’s rights, or inconsistencies in the police report that are at variance with the chemical tests. For example the experienced attorney will zero in on the fact that the blood alcohol reading is above .08 but the defendant performed all the FSTs successfully. The attorney could convince the court that the defendant was very much within his senses and since there are no collateral damages or claims, a trial is unnecessary.
When the defendant is arrested for DUI, he should not assume the worst and fall into the trap of admitting guilt, especially to the officer recording the Terry stop. Admission of guilt creates serious consequences that are difficult to undo. The canny defendant would be better served by maintaining pin drop silence till his attorney arrives to take on the cops.