Driving under the influence, or driving while intoxicated, is a crime. It has severe consequences. It almost always results in the arrest of the offender, followed by a brief interview (sometimes with or without Miranda warnings) and an alcohol or drug test. Refusing to take the test usually results in a mandatory suspension of your driver’s license. Your car will be towed, an inventory done, and it will be impounded. After the testing is completed, the suspect or offender is booked into jail, fingerprinted and photographed, and a bond amount is usually fixed and assigned. Bail amounts can vary depending on the suspects place of residence, additional criminal charges, alcohol content, arrest history, or alien status. In some states, you might be eligible for an “O.R.” release or released on your own recognizance or promise to appear. Bail is usually refundable and is only used to gain your appearance in court. You are usually given a few phone calls to arrange your release.
Getting charged with DUI/DWI is time consuming, embarrassing, and hard on your personal finances. In addition to bail amounts and towing charges, you must make an initial appearance in front of a judge who will usually inform you of the nature of the charges you face and the potential penalties if convicted. You are encouraged to seek legal advice. If you cannot afford a lawyer, one is usually appointed for you. You are almost always better off obtaining one that you like, perhaps one that specializes in this type of offense, rather than trying to navigate these murky waters on your own or taking your chances with an overwhelmed and overworked public defender. Those folks who think they can act as their own lawyer, usually have a fool for a client.
From your release and initial appearance, there are a myriad of hearings that can take place prior to trial. These vary from state to state, but they can be very helpful in crafting a defense depending on the circumstances of the arrest. Those hearings can involve evidence and how it was obtained and by whom, suppression hearings in the event evidence was obtained illegally, blood alcohol content isues, and other formal hearings. Many states have enhanced or stiffer penalties if your blood alcohol was very high and those thresholds also vary but are usually around a .20 blood alcohol level. If you were marginally over the limit, an attorney can work to have your charge reduced to a lesser offense. Very few of these cases actually go to trial. Most are reduced and plead to lesser offenses. Plea arrangements are highly negotiable in some areas, in other areas state attorneys refuse to budge. Sentencing guidelines also vary from state to state. They can involve fines, jail recommendations, alcohol counseling, community service and alcohol rehabilitation in various forms, temporary driving privileges, and continuing lengths of probation once the case is no longer active.
Once an individual is convicted of DUI or DWI, that information is gathered by the state and reported. Convicted offenders often lose their drivers licenses for various lengths of time and are required to pay re-in-statement fees and obtain high risk liability insurance and provide proof that they have insurance prior to re-in statement. High risk insurance is very costly and remains that way for years. Usually after a period of time, three to five years, your insurance premiums drift lower, but they tend to never fully recover. Aging and insurance ratings accomplish that.
The race does not always go to the swiftest horse. Remember that as you plunge into life, it is an excellent lesson.
It has been estimated that a single DUI can cost an offender over 10,000 dollars. It is serious business and a good attorney can help you through the process and save you a lot of time, energy, and heartbreak. This area of the law is simply too complex to try and navigate on your own. Enlisting the help of a qualified attorney can reduce stress and costs to manageable levels and give you some emotional support and hope at a time when you most likely could use some.