DUI cases are often quite bizarre and somewhat weird indeed. For example, a relatively recent case surprised the law enforcement authorities. What was surprising? Well, first of all, the fact that the woman did run into a ten feet tree and secondly the fact that the same tree was stuck in the grill of her car when she was arrested.
With that said, even though it was quite obvious that the woman was driving under the influence of alcohol, there are plenty of other signs that the law enforcement authorities are using in order to determine whether or not the person is driving under the influence of alcohol or illegal substances. Needless to say, the question that most people will fear to hear from a law enforcement officer is “Have you had anything to drink today?”.
Well, there are certain legal proceedings when it comes to DUI. The very first thing that will happen is the police officer asking you questions. You are not obligated to answer those questions and keep in mind that anything you say can and will be used against you in the court of law. The best way to go in this case would be politely telling the law enforcement officer that you are going to wait for your DUI legal representative in order to consult with him first. In addition, it is not illegal if your BAC (Blood Alcohol Content) does not surpass the .08 threshold. If that is the case, you can always say that you had one beer and this is the reason why the smell of alcohol is on you.
Secondly, the law enforcement officers may want you to submit yourself to the filed sobriety tests. These are quite straightforward – you will be asked to recite the alphabet backwards, to touch your nose with the tip of your finger, to walk a straight line and so on. Although these tests may seem to be relatively harmless, it does not necessarily imply that the police officer will think so too. After all, he or she is going to view it all very subjectively and, odds are, will see reasons to arrest you. Good thing that you are not obligated to submit yourself to these tests and you can always politely refuse. Still, in case the law enforcement officer believes that you were driving under the influence of alcohol, he or she is not going to let you go that easily.
The next step would be the breathalyzer test. This is one of the most common tests that will allow the law enforcement officers to determine whether you were driving under the influence or not. It is a fairly simple test, but its results may prove to be somewhat subjective as well. There is also the possibility that you will need to submit yourself to the blood test. In case you are certain that your BAC is below the .08 legal limit, it is the best test for you. It is the most accurate one indeed and the sample will be preserved, so your lawyer will be able to use it in the future.
It is important to remember that you can refuse to submit yourself to these chemical tests, but in this case you will automatically lose your driving privileges for a year. This decision is the one made by the DMV (Department of Motor Vehicles) and you can fight it, but only within 10 days after the arrest took place, otherwise you will have to forget about your license for a year. It is also peculiar that the DMV’s decision is in no way related to the outcome of your DUI case.
One way or the other, regardless of how mild your DUI charges may be, there is always a huge risk of suffering dire legal consequences. After all, even in case it is your first time DUI offense and you never broke the law in the past, you are still going to have to pay extensive fines, which means thousands of dollars from your pocket. Second DUI offense will have much more legal penalties. Furthermore, do not forget that the court may decide that you need to attend the DUI classes and you will have to pay for those on your own as well. The cost of your insurance is going to rise significantly as you will need to buy a special type of insurance for high-risk drivers. Moreover, do not forget that you may be sentenced to perform community service – hundreds of hours of unpaid labor. Worst case scenario – depending on the circumstances of the crime, you will be sentenced to county jail or even state prison. Furthermore, you risk losing your driving privileges for a very long time.
DUI charges will be available in your criminal records and these records will be available to the public. Hence, it will make finding a job very challenging. After all, only a few employers will want to deal with a DUI criminal. Furthermore, you may be expelled from college or university and it may end your career. Family conflicts are also quite common at this stage. Generally speaking, the DUI charges will have detrimental impact on your day to day living.
Therefore, in case you or maybe your loved ones were charged with DUI and you do not know what to do, the smartest thing would be getting in touch with a qualified as well as genuinely experienced DUI attorney at the earliest opportunity. That is right – only a qualified as well as experienced legal representative will know what kind of defense strategy to choose in order to minimize the legal damage. Perhaps the police officers had not reasons to pull you over in the first place or maybe the results of the BAC tests were inaccurate – the lawyer is going to examine every single piece of evidence in order to establish a clear picture and minimize the sentence or to get the case dismissed to begin with.
John Williams, ESQ
Law Offices of Sacramento DUI Specialists
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