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Does It Make Sense to Go to Trial for a DUI?


After you get arrested for driving under the influence, one of the things you will have to decide is whether you want to go to trial. Each case is different so you will need to seek advice from a Boise DUI attorney on whether you should fight the charges or take a plea agreement if one is offered. By accepting a deal, you can get a reduced sentence in exchange for saving the prosecution the time and expense associated with a trial.

If the state has strong evidence against you, going to trial may not be worth it. If you try to prove your innocence when it’s highly likely that you’ll be found guilty, you’ll just be wasting time and money. If the prosecutor is willing to negotiate and reduce your punishment, a plea deal may be best.

However, the state’s case isn’t always airtight. If there’s a good chance that could be found not guilty, it’s best to go to trial. If you really are innocent or there were procedural issues with your arrest or testing, it makes sense to fight the charges. It’s not always easy to decide if going to trial is best so it’s important to seek legal advice.

When Going to Trial is A Good Idea

If you are innocent of driving under the influence, you shouldn’t plead guilty. Having a DUI on your record can make your life very difficult and there’s no reason to punish yourself. If a judge or jury would exonerate you, you need to give yourself a fighting chance. Your attorney may be able to show that a mistake was made or that the prosecutor’s evidence doesn’t hold up to scrutiny. Some of the things that would work in your favor are:

  • An unconstitutional traffic stop. If the police didn’t have grounds for pulling you over, the charges against you could be dismissed. Any time your rights were violated during the traffic stop or arrest, your lawyer can use this to get you acquitted.
  • An illegal DUI checkpoint. The police can’t set up DUI checkpoints as they please. They must follow both state and federal rules if they want to ensure that any evidence they collect stands up in court. If you were arrested at an illegal checkpoint, the court may have to throw out the case against you.
  • An unlawful arrest. Despite how it may seem, the police can’t arrest you without cause or without following the law. If the officer didn’t read you your rights or they didn’t even have probable cause for arresting you in the first place, your attorney may be able to get your case dismissed.
  • An improperly administered or interpreted field sobriety test. Field sobriety tests don’t provide accurate evidence of impairment. When they are administered correctly, even people who haven’t used an intoxicating substance can fail. However, officers may carry out tests incorrectly or fail to provide the driver with proper instructions. These tests can also be wrongly interpreted . There are several reasons why an individual can fail a field sobriety test including simple things like drowsiness, bad weather, inappropriate footwear, physical disability, and use of prescription drugs.
  • An inaccurate chemical test. Breath, blood, and urine tests can be flawed. Sometimes, the tests are administered incorrectly. Other times, the machines used are poorly calibrated or not calibrated at all. Your blood or urine samples could also be improperly handled before they’re tested. Prosecutors often rely heavily on the results of these tests so if you can prove that something went wrong, you stand a good chance of winning your case.

Get in Touch with The Trilogy Law Firm  for Assistance

If you have been accused of driving under the influence, you must contact an experienced defense attorney at the earliest opportunity. You may be tempted to admit to the charges and get the case over with but doing so could change your life in unimaginable ways. You risk heavy fines, jail time, losing your right to drive, and getting fired from your job. You may also have to do community service and attend alcohol counseling.

With so much at stake, you need to seek advice from a Boise DUI lawyer who can analyze your situation and tell you whether you should fight or agree to a plea agreement. No matter what you decide to do, we’ll do everything we can to help you. Call us today to book a consultation.