A DUI Defense Lawyer in Charleston Looks at What is Clear and What is Subjective in a Case

by | Nov 16, 2015 | Law

The famous television and radio personality, Dr. Drew, once said that a single DUI charge is a terrible mistake, but a second is worth major jail time and a lifelong distinction as an alcoholic. Dr. Drew fundamentally understands that not every person who receives a DUI is an alcoholic. He also firmly understands that the majority of persons who receive a DUI understand of their terrible mistake, and they never do it again. If they do, they are an alcoholic and should be affected to the extent of the law.

Harley Wagner, DUI Defense Lawyer in Charleston, also understands that many people who receive a first DUI are not apt to do it again. The consequences are disastrous at the lowest tiers, often resulting in hundreds of dollars in fines, mandatory classes, and a license suspension. All of this can affect a job, social status, and possibility for growth. There should be a consequence. The question is, how far should it go? The first goal of a DUI Defense Lawyer in Charleston is to lower the aspects that are most easily controlled.

The extent of jail time and the consequences involve the damage done in any accident (including personal injury and property damage) as well as the blood-alcohol level and the type of driver (CDL, school bus, etc). What can be controlled or altered with a DUI Defense Lawyer in Charleston? The BAC is certainly not up for debate unless the defense can demonstrate the machine was not registered properly, or the test was taken without the proper protocols. The type of driver can also not be changed or altered. If an individual has a CDL, that reality has to be accounted for.

The only aspect that can be maintained and altered is the damage done. That is accomplished by taking an eyewitness account and receiving evidence of the damage. A DUI Defense Lawyer in Charleston may invoke another driver if they happened to be involved. They may use what is known as comparative negligence. For example, the influenced driver had a clear BAC of .09%. That is not up for argument. But, the driver they hit had a blown out tail light. Could that have factored into the vehicle accident? They can minimize the extent of the personal damage because the missing taillight may have contributed to the accident. This is just one way to maneuver the damage in the vehicle accident.

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