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Top Challenges Faced By An OUI Attorney

Many challenges await your OUI attorney, some of which can have a massive impact on the case itself. Operating under the influence of drugs and/or alcohol, OUI, is a big problem in the United States, and is one of the number one leading causes of death for those under the age of twenty-five in some states. Therefore, the top challenges faced by an OUI attorney can be classified thusly, in no particular order:

1. Suppress or refute existing evidence against a given defendant. Evidence, such as laboratory results or breathalyzer tests, can be what really gives the prosecution a leg to stand on. If this leg is chopped off at the knee, the burden of proof becomes harder to prove. The burden of proof rests with the prosecution, so if they cannot meet this burden, the case against a client must be dropped.

2. Discredit or question eyewitness testimony. The testimony of various witnesses can be a major factor if the case goes to trial. Keep in mind that very few OUI cases actually make it to the trial phase, though, and most are decided during the very early stages of the case. Any eyewitness testimony that is potentially damning to the client should be questioned, suppressed, or discredited whenever possible.

3. Secure as many freedoms and rights as possible for the defendant, and protect that individual's rights according to state law, federal mandate, or the United States Constitution. Even convicted felons have rights, although they may be more limited than the average American's. Your OUI attorney must strive to protect as many of these as possible for each defendant, including minimizing or avoiding jail time, having charges dismissed, securing an acquittal, minimizing or avoiding loss of driving privileges, decreasing fines, and more.

4. Achieve the most favorable outcome possible for each defendant. Not all defendants can avoid jail time, especially if there is a lot of evidence stacked against that individual. In cases like these, the challenge becomes minimizing the penalty as much as possible. For some, this may mean probation instead of jail, and for others, it could mean one year in jail instead of five, depending on the particulars of a given case.

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