DUI Arrest: Why Plead “Not Guilty” When I’m Sure I’m Guilty?

Many of the
people who are arrested for a DUI believe that the evidence of guilt is
overwhelming and that there is no point in denying guilt by pleading not
guilty. Moreover, these people usually believe that the judge will actually
hold it against them if they plead not guilty. But any DUI defense Lawyer in Orange County will tell you that this simply isn’t
true. In fact, it is your constitutional right under the Fifth Amendment to
deny guilt when charged with any crime.

There are
plenty of very good reasons for you (or your DUI Attorney in Orange County acting on your behalf) to plead not
guilty to a DUI charge. To start with, you may actually be innocent. You see,
the blood or breath test administered to you long after the time you were
driving can only show what your blood-alcohol content was long after the time
you were actually driving. And blood-alcohol levels change over time. So, for
example, when a person’s blood test shows a 0.09% BAC an hour after driving,
their ACTUAL blood-alcohol level would have been .075% at the time of driving
if their blood-alcohol level was rising. This is known as the RISING DEFENSE
and it can actually prove a person’s innocence despite a blood test above the
legal limit.

Furthermore,
pleading not guilty gives your DUI Attorney time to review all the evidence in the case, such as the
audio/video from the police car. Sometimes this evidence proves that there was
actually no “legal suspicion” to justify the traffic stop in the first place. When
this happens, the defendant’s DUI Lawyer can file a suppression motion and
get the entire case dismissed. This precious opportunity to review the evidence
and find legal breaches is lost if a person pleads not guilty right away.

Also,
consider that by pleading not guilty you are preserving your precious right to
a trial by jury. This right is valuable and you Orange County DUI Attorney can negotiate with the District Attorney with it. The
DA does NOT want to spend its valuable person-hours on actually trying a DUI
case. This will take three to four days of full-time attention for a deputy DA.
So your trial right is leverage for your DUI Attorney to get you a better deal,
with lighter punishment, than perhaps would have been given if you had plead
guilty up front.

So before
you plead guilty to a DUI charge, it is important to consult with an
experienced DUI attorney and get an attorney review of your case. For a free
telephonic consultation and case review call The Law Offices of EJ Stopyro
today at (949) 559-5500. You can also learn more about DUI, DUI with injury,
drug DUI, and DUI with prior DUI convictions at www.ejesquire.com. We have offices at 32072
Camino Capistrano, 2^nd floor, San Juan Capistrano, CA 92675 and at
1901 Newport Blvd., Suite 350, Costa Mesa, CA 92627.