Each and every year, states enact tougher DRIVING WHILE INTOXICATED laws and regulations plus much more significant fines pertaining to suspected driving while intoxicated.
You might lose your right to drive, incur jail time or pay significant fines. Your car insurance premiums may increase and you also can end up with a legal record that can have serious consequences for your future and employment opportunities.
Using a DUI lawyer with familiarity in the court system, knowledge of plea bargain details, and the ability to navigate complex administrative procedures will make a difference in the outcome of your case.
IF YOU ARE STOPPED BY THE POLICE AND ASKED TO TAKE AN ALCOHOL CONCENTRATION TEST NOTE THE FOLLOWING:
For the purpose of a test to determine alcohol concentration, the specimen of breath shall be taken within 2 hours from the time of the stop.
If you take the test and score between .08 and less than .15 your license may be suspended for 180 days, however, your suspension may be modified to a work restricted license at a motor vehicle hearing.
If you refuse to take the test, your suspension shall be 270 days for a first offense and 2 years for a 2nd or subsequent offense.
If you refuse to take the test, or take the test and score .15 or more, you shall be ineligible for modification of your suspension, unless you participate in the Ignition Interlock Program.
It is always best to contact an attorney prior to making the choice of whether to take the test or refuse.
MOTOR VEHICLE HEARING:
You must request a hearing within 10 days from the date of your an-est and confiscation of your drivers’ license. You will receive a 45 day paper license issued to you by the arresting officer upon scoring a .08 or more or by a refusal to take the test. The paper license is valid up until the date of the motor vehicle hearing.
A hearing will be set within a 45 day time period, however, if a hearing is not set within that time frame, you will receive an extension letter mailed to you by MV A allowing you to drive until your hearing is scheduled.
You are entitled to have an attorney at the hearing and it is extremely wise to do so.
ASSESSMENT OF MOTOR VEHICLE POINTS
- Driving While Under the Influence of Alcohol = 12 points
- Driving While Intoxicated = 8 points
- Probation Before Judgment= 0 points: note that you are not entitled to receive the benefit of a Probation Before Judgment disposition within 10 years of a prior such disposition.
CRIMINAL COURT TRIAL
Consult with an attorney immediately after the offense.
If you have been charged with TA 21-902 ( a), Driving Vehicle While Under the Influence of Alcohol, you face the possibility of incarceration for up to one year and/or a $1,000.00 fine.
If you have been charged with TA 21-902(b), Driving While Impaired by Alcohol, you face the possibility of incarceration for up to 60 days and/or a $500.00 fine.
You will have the option of requesting a trial by judge, trial by jury (if the penalty exceeds more than 90 days incarceration) or working out a plea with the Assistant States Attorney.
In preparation for your trial date, it is important to obtain an employment verification letter, a certified copy of your driving record and enroll in a state certified alcohol education program.
You should always have an attorney for a criminal trial -remember the old axiom: “he who represents himself has a fool for a client.”