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IS IT WORTH IT TO FIGHT MY DUI?

Mike Hanna Dec. 10, 2019

When you are out having fun with friends at night, you may make a mistake and get stopped by the cops for a DUI. In a prior article, I shared some tips that you might find helpful if you are stopped for a DUI. I encourage you to review that article if you haven't already. These tips apply throughout the year, but you may find them helpful this holiday season if this unfortunate circumstance happens to you. This article will show you should fight your DUI charge.

Don't Take a DUI/DWI Charge Lightly

Many people think that a DUI or DWI isn't any big deal. They listen to their friends and don't hire an attorney or they put their head in the sand and hope the problem goes away. They don't want to spend the money to deal with the DUI without examining the potential consequences. This article will show you why you should fight your DUI case with an experienced attorney.

Consequences & Considerations of a DUI Charge

There are a number of potential consequences that you will face if your DUI case is dealt with promptly and expertly with an attorney.

1. Time Limitations

There are time limits or deadlines that you must meet if you get a DUI charge. You can learn more about these time limits by reviewing this DUI/DWI article. If you don't act on time, you will lose some of your rights. Losing those rights may have severe consequences on your Missouri driver's license and your privilege to drive in Missouri.

2. Points Against Your Driver's License

If your DUI case isn't dealt with expertly by an attorney, you will receive points against your Missouri driver's license and privilege to drive in Missouri that will cause your Missouri driver's license to be either suspended for a time period or revoked for one year, depending upon how many points you have against your driver's license and how many points you receive because of this DUI case. The number of points you could receive from this DUI case depends upon whether this is your first or subsequent arrest and charge.

Hiring an experienced, competent attorney, even on your first DUI case, to help you navigate successfully through the court system with your DUI will save your Missouri driver's license from a point perspective if it is your first offense. Often times, if it is your second or subsequent offense, good things can still happen to you point-wise, if things go well with your case.

3. Charge Enhancement

If you have had one or more prior alcohol-related contacts, (prior DUI cases), it is possible that you could be charged in state court, rather than in municipal court for a state DUI. The charge could be anywhere from a state Class B misdemeanor to a state Class felony carrying with it a minimum time period that you must serve in prison if convicted.

4. Automobile Insurance Increase

Most likely, if your DUI case isn't dealt with correctly, you will receive an automobile insurance increase. You may even need to obtain SR22 insurance. You should do everything possible in having your DUI case handled to keep your automobile insurance cost as low as possible.

5. CDL

If you have a CDL, you really need to be careful and hire a good attorney, if you are charged with a DUI. There are some tricky, complicated and harsh rules that come into play for CDL license holders who are charged with and then plead guilty to or are convicted of a DUI. Talk to your attorney if you fall into this category.

6. Proof Problems

Many DUI cases, especially cases that involve driving under the influence of drugs when the drug is marijuana, carry with them proof problems. Some of these cases are very hard for the prosecutor to prove. Having a good lawyer who understands this fact and how to defend a DUI case may greatly benefit you.

In my view, an attorney should look at every DUI case that he/she handles, to make sure that the prosecutor can make the case, before talking to the prosecutor about working out a plea agreement in your DUI case. For those of you that don't know, a plea agreement is an agreement to dispose of a case in a certain way and manner that is entered into between the defendant's attorney and the prosecutor.

Advice from a Raytown DUI Attorney

Every DUI case is worth fighting. If you fight your DUI case with an attorney, you will always come out better than you would if you handled the case yourself.