Thanks to the Constitution, as American citizens we all have certain rights and freedom. It is our responsibility to educate ourselves about these rights and also to exercise them when necessary in order to protect our freedom and make sure our rights are not violated. In this article, leading DUI lawyers in Mobile, AL highlight the rights that any driver has post a DUI arrest.

The right to due process

The right to due process is handed to us courtesy of the Fifth and the Fourteenth Amendments which are intended to ensure that the government or any governmental organization does not take away the life, liberty, or property of a person without having first followed the accepted and lawful procedure. This basically provides the defendant with the opportunity to raise any objections and it also gives defendants a stage to express themselves.

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When it comes to DUIs specifically, this right is applied to prohibit the state from suspending or terminating your driver’s permit prior to giving you a hearing.

Having said that, it must be reiterated that driving in itself is not a right but a privilege, and so the state can take it away before allowing for a jury trial. Thus, the state can go ahead and place your driving privilege under a temporary suspension, and offer you the option to contest the suspension at a later time, explain Alabama DUI attorneys.

The right to presumption of innocence

The right to presumption of innocence essentially means that you will be deemed innocent until proven guilty. This puts the onus on the prosecution to prove that you are guilty instead of putting it on you to prove that you are innocent.

Therefore the burden of proof is not on you in a DUI case. However, from a practical viewpoint, you may still have to appoint a legal counselor and work on a defense strategy which effectively disproves the claims and evidence of the prosecution. Thanks to the right to discovery and exculpatory evidence, you will be able to prepare a better defense.

You can see this in the movie The Lincoln Lawyer with Mick Haller (Matthew McConaughey). Haller was a fantastic lawyer who knew all about gathering evidence to make his client’s case shine the brightest. This is why you want to use to find yourself a legal representative of this caliber. You need someone like Mick Haller to make your case the best it can be in front of the judge and/or the jury.

You need your case to have all the evidence possible that can help you out. Also, during discovery, you can find out what type of evidence the prosecution has against you. This can give your legal professional a head’s up on how to properly defend you. Perhaps they can think of something that is creative that will catch the prosecution off guard.

Right to discovery and exculpatory evidence

Mobile, AL DUI lawyers point out that this right essentially dictates that if you request for it, the state or the prosecutors must make available all the evidence they have against you prior to using it in court in order to allow you the opportunity to prepare answers or a defense against the evidence. This gives a legal representative like Mick Haller an idea on how to fight this case the best.

However, in case of misdemeanor offenses such as a first time DUI offense, the evidence that will be disclosed to you is limited unlike in felony cases.

If you have been charged with a DUI, then you need to know that you can prevent your charge from escalating to a conviction. All you need is to appoint an experienced and aggressive Alabama DUI lawyer to start working on your defense as soon as possible.