If you have recently been arrested and charged with drinking and driving you might be wondering if you should plead guilty to DUI. Although you may think you are guilty, in order for the court to find you guilty of DUI, the prosecutor must prove beyond a reasonable doubt that you were above the legal limit while driving. There are circumstances where a defendant may be found guilty of DUI when they are below the legal limit, however, those cases are the exception rather than the rule.
Even if you think you are guilty of DUI, you should contact a criminal defense attorney that is experienced in defending against drunk driving charges before you plead guilty to DUI. The attorney will sit down with you and evaluate the facts and circumstances of your particular case. There are often situations where mistakes made by law enforcement may lead to the exclusion of evidence. Without the proper evidence, the prosecution cannot secure a conviction.
Speaking with an attorney sooner, rather than later, is in your best interests. The California DMV gives you 10 days request an administrative hearing to contest the suspension or revocation of your driving privileges. This is a separate hearing from your criminal matter. Even if you are not convicted of DUI, the DMV can suspend your driver’s license.
Once convicted of DUI, state criminal policy considerations make it extremely difficult to withdraw a guilty plea. If you are not represented by a criminal defense attorney when you enter a plea, you need to know that you are doing what is in your best interests. If you do speak with a criminal defense attorney and they look at all the facts and circumstances of your DUI case and agree that pleading guilty to DUI in order, you will have done yourself a favor.
If you are arrested and charged with a DUI, our criminal defense attorneys are here to help. We understand that people make mistakes. Call us at (559) 248-1469 or email us today to schedule a free case evaluation with an attorney at Hammerschmidt Law Corporation.