The lawyer will be familiar with all the possible consequences. Personal circumstance such as prior convictions will be taken into account. They will file necessary paperwork and try to get their client the least amount of jail time, lowest fines, and they may be able to save the clients privilege to drive.
The privilege to drive is in serious jeopardy. The department of motor vehicles will be after a person's license. They can choose to suspend a license even before the court date. There will be paperwork to file to try to keep the clients license. The person may only need to obtain a more costly SR-22 policy because of the higher risk. No one wants someone intoxicated driving so they take this seriously. Even if the DMV decides not to pull a license it is in danger again if the driver is found guilty. This is where a lawyer comes in handy to file the necessary paperwork and protect your rights.
Basically it would be a criminal attorney arguing that the client was not impaired at the blood alcohol level they tested with. Some states have a no tolerance at about 0.08.Testing is generally done on drivers when the police determine they want to take them in. Swerving in the road or failing to turn on your headlights can both be an indication that you may be driving impaired. Police officers will often give you an "in the field" test before a Breathalyzer test is used. It is unlikely they were not tested and juries tend to believe the blood alcohol level.
Options are very limited in such a complex process and so much is at stake. This is why consulting with a criminal attorney may help. A person may have driven while impaired, but honestly have had an ability to function at a higher blood alcohol level than another driver. DUI is difficult to beat so take it seriously. A lawyer will be able to use arguments that will win a case or get penalties reduced.
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