If you’ve been arrested because of DUI, you and your family will need answers soon. Drunk driving arrests are the most common criminal accusations, and cops and sheriff’s deputies treat them routinely. On the other hand, the DUI process is regular for the person arrested. The following are some of the most often asked questions by defendants and their families after a DUI arrest.
The defendant is often jailed and released on their recognizance following a DUI arrest. The driver will be released on his recognizance but will be required to appear in court later. If you have multiple DUIs (including those that resulted in accident and injury), you may be asked for bail before being released from jail.
When searching for a DUI defense attorney, it is critical to find someone you can trust. A professional attorney is aware of the charges you face and the potential consequences of a conviction and will advocate for your best interests.
KNOW WHEN TO SEEK LEGAL ADVICE
Speak to an attorney following a DUI arrest. If you immediately contact an attorney, they will represent you in all of your court appearances. This may assist you in avoiding costly errors while pleading guilty to criminal charges.
CAN I RESUME DRIVING AFTER A CONVICTION FOR DUI?
After a DUI arrest, the police often seize your driver’s license and provide you with a 30-day temporary driving permit. According to the DMV, you must request a hearing within ten days after the arrest. If the DMV hearing turns in your favor, you may be able to avoid a license suspension. Following a 30-day suspension, you may be eligible to apply for a restricted license. Additionally, you may be able to obtain an IID restricted license. If you choose to appeal the automatic license suspension, you have only ten days to do so with the DMV.
KNOW THE DMV’S ADMINISTRATIVE HEARING
Suspending your license administratively is distinct from the criminal process. Your driver’s license may be suspended immediately if you do not request an administrative per se (APS) hearing within 30 days of your DUI arrest. You have only ten days after a DUI arrest to obtain an APS hearing or forfeit your right to one. At the DMV hearing, your attorney may challenge your license suspension.
BE AWARE OF THE POSSIBLE CONSEQUENCES OF DRIVER INTOXICATION
The penalties for a DUI are based on your criminal history and other factors. The following penalties may apply to a first-time DUI without injury:
- Prison sentence of up to 6 months
- Maximum fines of $1,000 are available
- Revoked license for a period
- License with restrictions for the Ignition Interlock Device
- DUI education
- Probation during a 3 to 5-year period
PREPARE TO WORK WITH YOUR INSURANCE
A DUI conviction almost always increases your vehicle insurance rates. You will almost probably require an SR-22 financial responsibility certificate following a DUI. Insurance premiums may quadruple in some cases, depending on your driving record and policy restrictions. While the DUI remains on your driving record, your insurance rates will likely increase for at least seven years.
SUBMIT TO CHEMICAL ANALYSIS
Your license may be revoked if you refuse a chemical test following a DUI arrest. A first refusal will result in a one-year driver’s license suspension. A second offense results in a two-year suspension, while a third offense results in a three-year suspension.
BE AWARE OF THE DWI DEFENSES THAT YOU MAY HAVE
One can counter DUI charges in several different ways. The facts of your case will dictate your defense alternatives. Among the potential defenses are the following:
- The cops stopped you for no apparent reason.
- The device used to determine the chemical composition of the breath was not calibrated.
- The breathalyzer was not working properly
- Medical causes for failing field sobriety tests
- Field sobriety test instructions were ambiguous
- Chemical tests tainted
- Your vehicle was searched illegally by police
- You were not in the driver’s seat
Your DUI defense attorney will thoroughly investigate your case and the facts surrounding your arrest for DUI. Your attorney can advise the best defenses to utilize and how to oppose the prosecutor’s case and successfully defend yourself against DUI accusations.