When building a defense for second offense DUI charges in West Palm Beach, a distinguished drunk driving attorney can present the court with an explanation as to why the incident occurred and what the individual charged doing to remedy the accusation. Attorneys normally suggest that the individual charged seeks counseling or get privately evaluated to deal with any problems they may or may not have. If the individual is told by a medical professional that they do not have a problem with alcohol, that information will be shared with the judge. Your legal representation can help you seek counseling as a way of being proactive towards the community and the court’s concern that you may be a danger.
Role of Evidence in the Prosecution’s Case
The evidence a prosecutor looks for is whether or not the defendant was in actual physical control and whether or not they were under the influence of alcohol or a controlled substance to the extent that their normal faculties were impaired. They also need evidence that the individual had an unlawful blood alcohol level or refused to be tested upon request of law enforcement.
Additional evidence that is sought out is proof of a prior offense or proof of a prior conviction. Proof of a prior conviction can come from Florida Driver’s License record that is presumed to be accurate and valid, the person can challenge it by saying it is not them and they will bring the records to prove that it is the person’s. Sometimes this is brought in with out-of-state records and out-of-state convictions to prove that it is the person.
The evidence that they look for in a second offense DUI would be the same as a first offense except that they have to prove that there is a prior offense that makes this a subsequent offense and either a second or even a third or fourth or fifth offense.
Comparison to a First Offense Charge
The process of building a defense for second offense DUI charges in West Palm Beach is similar to other drunk driving offenses. They are considered the same crime, it is just that the penalties are different and that means that the stakes are higher. The person can only build the defense based upon the facts that the person has been given and the law that the person has to work with.
It is not that much of a different offense from a first offense to a second offense. But because the stakes are higher on a second offense and the penalties are harsher on a second offense, it makes the West Palm Beach DUI Lawyer’s job more of a challenge because penalties such as jail or losing the person’s driver’s license, will have a substantial impact on the person’s livelihood and lifestyle.
Contacting a Lawyer
Lawyers typically build a harsher defense and a stronger defense. They have to work harder to try and prove to the prosecutor that they do not have enough evidence to prove their client guilty of the crime. This is vital to get a better resolution and better negotiate a resolution or have better odds of winning a trial.