DUI is a serious offense, and the penalties can be severe. You need to protect your rights and avoid making a mistake on the road that could cost you greatly. To prepare for your case, you need to know the following:
1- Do I Need a Lawyer?
If you are arrested for DUI, you should immediately contact a criminal defense lawyer. The consequences of a DUI charge can be very serious, and they can affect your life in many ways. It would help if you had an attorney who would work hard to protect your rights and defend you against the charges.
2- I Was Arrested for DUI; what Happened?
If you are arrested for DUI, then there are some things that you need to know about the process. First of all, the police officer will take your BAC test, and this can be done at any time convenient for them and not necessarily at the time of the arrest. The police officer should inform you of these options before the test is given.
If you are convicted of driving under the influence, you will need to pay a $500 fine and may have to attend a class on the dangers of drinking and driving. You may also have to install an ignition interlock device in your vehicle for one year.
If you are convicted of drunk driving, your license will be suspended for one year. If you are convicted of drunk driving while your license is suspended, then your license will be revoked for three years, and if you are convicted again, then it will be revoked for five years. This is not an automatic suspension or revocation but rather a driver’s license action taken by the DMV in response to the conviction. What it takes to get your license back will depend on how long the suspension is. If it is less than two years, your driver’s license should be automatically reinstated after two years. If the suspension is more than two years, then you may have to apply for your driver’s license in person at a DMV office.
If your license is suspended for more than two years, you will be eligible to apply for a restricted license. This allows you to drive, but only if you have an ignition interlock device installed on the vehicle. You will also have a minimum driving restriction of no less than one year.
3- I Was Convicted of a DUI, Can I Appeal?
If you were convicted of a DUI and are wondering if you can appeal the conviction, then the answer is yes. First of all, if your BAC was 0.15 or higher at the time of arrest and you were driving a vehicle that was registered to you, then there is no automatic license suspension. In this case, it will be up to the DMV whether they can suspend your license or not based on your driving record. If they do not suspend your license because of this fact, then they will have to prove that your driving record is worse than it was before.
You will also have to prove that you had a good reason for being in the area where you were stopped. For example, if you were stopped for speeding, the officer may not prove that it was because of your DUI arrest.
Finally, you will have to show that you are not guilty and that you did not violate any of the terms of your license suspension.