DUI is one of the most common criminal offenses, and is usually a class B misdemeanor. On a third or subsequent offense, the crime of DUI can become a felony. Even at the misdemeanor level, it is arguably the most serious offense and carries expensive and long lasting consequences. In addition to the general punishments, a DUI may entail the loss of driving privileges and potential increase of insurance. The cost of SR-22 insurance generally increases premiums by over $100 per month. If a blood alcohol level exceed .16 or it is a second offense the court may require an interlock device be put on every car you own at an approximate cost of $4000. It is important to have an experienced attorney to prevent or reduce these type of consequences.
You may also lose your privilege to drive for 3 or more months simply on an arrest.
It is important that you retain counsel immediately in order to request a driver’s license hearing within 10 days of arrest or citation or you can automatically lose your driving privileges for a minimum of 3 months to 18 months or more.
Consequences for the conviction of DUI may potentially include:
- Imprisonment
- Jail
- Loss of driving privileges
- Loss of other freedoms
- Requirement of an interlock device
- Probation or parole
- Court ordered counseling or treatment
- Community service
- Fines and/or restitution
- SR-22 insurance
- Other
Likelihood of any of the above consequences depends upon the following factors:
- Attorney assistance
- Any other prior convictions
- Currently on probation or parole
- Attitude of community and court toward this type of crime
- Degree of media attention on case
- Mitigating/aggravating circumstances
- Counseling or other alternative to incarceration
Defenses of DUI may potentially include:
- Insufficient evidence
- Jurisdictional issues
- Baker rule violations
- Intoxilyzer problems
- Evidence violations
- State and Federal constitutional violations
- Other
What can you do to improve the outcome of your case?
- The single thing that will effect the outcome of you case is retaining an attorney with significant criminal practice to represent you throughout the case
- Gather documentation of your good character (reference letters, employment history, community service, etc.)
- Exercise your right to remain silent
- Review you rights with your attorney
- Review your defenses with your attorney
- Keep a diary listing significant events and potential witnesses
- Do NOT investigate your own case
What can we do to help?
- Early preparation, including legal research and defense identification
- Advise you of your constitutional rights
- Early investigation and identification of all facts helpful to your defense
- Interview police and witnesses to minimize or eliminate the case
- Meet with the prosecutor for a possible charge bargain or possibly move the case to the justice courts where appropriate
- Interview all witnesses
- Set or reduce bail or obtain a release on your promise to appear
- Keep you updated on all aspects of you case, including possible defenses and alternatives
- In appropriate cases, negotiate jail alternatives such as counseling etc.
- Contact and hire expert witnesses that will help in your defense
- Research and file appropriate motions to dismiss the case
- Research and file appropriate motions to suppress evidence
- DISCLAIMER
The statements above are not legal advice! This statements are not intended to be a comprehensive statement of law of your particular case. This statement is intended to give you a very general understanding of what is involved in this type of crime. Please consult an attorney to find out what law applies to your particular case.