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So You Got a DWI/DUI........Now What?

Guest post by: Julio Portilla

Article Overview: Getting caught drinking and driving is a serious offense. In all 50 states the blood alcohol content (BAC) is 0.08 percent. So what happens when you get caught drinking and driving?

So You Got a DWI/DUI........Now What?

What happens when you get stopped for drunk driving?

Getting stopped for drunk driving (commonly referred to as “DWI” – driving while intoxicated or “DUI” – driving under the influence) is a serious offense and can have different consequences depending upon where you live. All 50 states have “per se” laws defining it a crime to drive with a blood alcohol content (BAC) level at or above the prescribed threshold. At this time, every state has set this maximum BAC level at 0.08 percent.

Getting Stopped for Drunk Driving:

When you’re stopped for drunk driving (or for something else and a police officer has reason to believe you’ve been drinking), you will generally be required to take a sobriety test (blood, breath or urine) to determine your BAC level. Most states have implied consent laws which means that you must comply with a test or face fines and/or license suspension – sometimes right on the spot – for refusing to take the test. Some states have abandoned the urine test due to reliability issues. The driver usually gets his choice of the available tests. Which test should you choose? That depends. A breath testing machine may be easier to fault for accuracy than a blood test, but a breath testing machine cannot test for the presence of drugs. You must remember that a DWI can also be “under the influence of drugs.”

What Happens After a DUI Arrest?

If you refuse the test or are found to have a BAC over the state limit, chances are you’ll be taken into custody and brought to a police station where you’ll be held until someone can pick you up, or until next morning when you have sobered up. In addition, your license may be temporarily suspended and your vehicle may be impounded for a period of time after the incident.

Going to Court for a Drunk Driving Charge:

Aside from a possible administrative hearing that reviews the circumstances surrounding your arrest to see if your license should be administratively suspended (as opposed to suspended by the Court), you must generally go to court where a jury or judge will decide your fate. In any criminal case, including DWI’s, you have the right to a jury trial, but once convicted, it is up to the judge what punishment you will receive. In many states there are mandatory punishments and consequences that deny the judge any discretion as to the punishment if your BA is of a certain level, or if you have refused to take a mandatory test. Generally, for each prior conviction of DWI within the previous 5-10 years, the punishment will become progressively severe, and these may also be mandatory minimum sentences.

If you’re found guilty, most courts will:

Impose fines (and some add on an additional driver responsibility tax)


Suspend or revoke your license (Motor Vehicle Departments may do so even if a court does not)


Require participation in a drunk driver education program


Add points to your license (and your insurance will most likely increase)


Sentence you to jail or require community service work as an alternative


Put you on parole (called “probation” in some states)


Impose various statutory fees intended to offset the state’s budget expenses on DUI/DWI cases


In addition, some judges and some states may require you to participate in alcohol or drug treatment programs as part of a parole program or have an ignition interlock device installed on your vehicle. You may also receive as a condition of parole (probation) that you not drink any alcoholic beverage while on parole, or not even enter a tavern.

Getting Your Drivers License Back:

Some states allow for provisional, conditional, hardship or temporary licenses. This varies greatly by state, judge and circumstances and is often granted only with participation in an education program or by showing a family hardship. You may also have to show proof of liability insurance to get your license back.

Advantages of Hiring an Attorney:

The first advantage is that a good drunk driving attorney knows the important legal rules and standards (and local court customs and procedures) in depth for the prosecution of driving while intoxicated. A good DUI attorney can also present your case to the state motor vehicle department/bureau on any license suspension hearings. They will know what defenses carry weight, and which do not, and can present your case more effectively and persuasively than you.

Getting Help from our DUI Attorney:

Even your first DUI arrest can have a significant effect on your criminal history, your finances, and your employment opportunities. Do not take the charge lightly, even if it’s just your first DUI arrest. Act Now! and schedule a free consultation. We can help you resolve many of the issues associated with your DUI charge.

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Article Tags: drunk driving, DUI, DWI, julio portilla, law offices NYC, NYC attorney
Referred by: http://www.3MMediaGroup.com



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