Depending on the circumstances of the case, the best strategy for a defense is to try to get probation for their client and avoid jail time. The evidence may just be too strong to defeat completely. If this is the case, there are things that can be recommended to sway the judge toward probation.
The recent DUI case of Michael Phelps provides a textbook example of this. Michael Phelps, the famous Olympic swimmer, was seen leaving a casino and getting into his car. He entered into a tunnel and was observed by cameras and a police officer drifting over the double line inside. He was pulled over and tested for alcohol, blowing a 0.14 BAC.
Immediately after his arrested, Phelps enrolled himself into a 45-day alcohol treatment program and started to attend AA meetings. He admitted his guilt at the police station, but it wasn’t until his arraignment recently that he put in the formal plea of guilty and explained what he was doing to rid himself of his alcohol problems. Due to the circumstances and the efforts of Mr. Phelps, probation was awarded. However, he was warned that if he had another alcohol-related arrest then they would have no choice but to put him into jail.
Not every case can end up with someone walking away, but there are things that can be done to minimize the consequences of a mistake. Good legal advice can help point you in the right direction. Call the law offices of Stephen Kellis if you need guidance after a DUI arrest.