Today, penalties for a DUI can be more extreme than for many felony offenses. The laws defining the offense, the related procedures and the evidence are incredibly complex. Representation without the protection of an experienced DUI defense attorney is dangerous.
CONSEQUENCES
The consequences for a DUI conviction may include the following:
• Impounding of vehicle
• Imprisonment
• Revocation of driver's license
• Probation or parole
• Revocation of auto insurance or higher rates
• Mandatory driving school
• Mandatory installation of ignition device
• Significant fines
• Other
THE PROCESS
The process typically begins with the individual being pulled over for a traffic violation or perhaps being stopped at a sobriety checkpoint. After stopping the individual, the officer may immediately begin to interrogate him. Many times, without being given any right to an attorney, or even a Miranda warning, this individual is asked to make incriminating statements that can later be used against him. The officer may request a breath test be taken with a hand-held “PAS” (preliminary alcohol screening) device. Then, the individual is asked to take a series of field sobriety tests, these are physical exercises that are difficult for most of the general public to pass. In most cases, the officer will fail to inform this individual that these field sobriety tests are not required by law.
YOUR DRIVER’S LICENSE
Once the arrest has been made, an evidentiary chemical test is required of the suspect, usually at the police station. Still without an attorney present, the individual must choose either a breath or blood test. If the individual refuses to submit to testing, the law imposes an automatic one-year license suspension and an extended jail sentence. Breath tests are administered using some version of a breathalyzer which, unknown to the general public, are highly unreliable machines. Further, the officers administering the test are often inexperienced with the correct procedures. Nevertheless, the suspect's license will be immediately suspended if the breath test result is over .08%, if a blood sample is taken for later analysis, or if the suspect refuses chemical testing. The officer will confiscate the driver's license and issue the individual a "Notice of Suspension" form, which also serves as a 30-day temporary license.
HEARINGS
DMV Hearing
There are two separate proceedings to deal with when dealing with a DUI. First is the administrative license suspension hearing. It is crucial for the individual or his lawyer to contact the DMV within 10 calendar days from the time of the arrest to schedule an administrative hearing. After 10 days, the individual waives his right to a DMV hearing and any chance to have the suspension set aside.
If a hearing is not demanded, or if it has been lost, there will be a license suspension of four months for a first offense. This suspension begins 30 days after the arrest or, if a hearing has been held and lost, upon notification by mail. For second time offenders (within the past 10 years), or if chemical testing was refused, the suspension will be one year.
Court Hearings
The other proceedings the individual will deal with are the court proceedings. Although these proceedings may involve multiple court hearings, the individual being charged will generally not have to appear at most of them if he is properly represented by an attorney.
The individual will generally be charged with two offenses and, surprisingly, can be convicted of both of them. The penalties are the same, however, and the individual can only be punished for one. The first offense is driving under the influence of alcohol (and/or drugs), also known as DUI. The second is the so-called per se offense: driving with a blood-alcohol level above .08%. If the chemical testing was refused, and if police do not forcefully take a blood sample, there will be no evidence of blood-alcohol concentration and the per se offense will not be charged. However, the accused faces increased penalties on the DUI charges for refusing.
DEFENSES
Defenses for a DUI may include:
• Showing insufficient evidence
• Proving illegal or improper police procedure
• Proving factual innocence
• Other
