Whether you are celebrating a promotion with colleagues or enjoying precious time with your family over the holidays, getting pulled over and accused of driving under the influence (DUI) can put a real dampener on an otherwise great day. This article will help you understand DUI charges better and how a Tempe DUI lawyer can get you out of legal trouble.
What Constitutes a DUI?
A DUI is a serious offense that involves operating a vehicle while impaired. The most frequent cause of impairment is alcohol.
The legal blood alcohol concentration (BAC) limit in the US is typically 0.08%. If a driver is tested to have a BAC at or above this level, they can be charged with DUI. However, a driver with lower BAC levels can still be charged if they show clear signs of impairment.
DUI laws also apply to drugs, including prescription medications and marijuana (in states where it is permitted for recreational or medical use). Therefore, the key factor is whether the driver’s abilities are affected by said substances to the point where they are unable to drive safely.
What are the Consequences of a DUI?
The consequences of a DUI can be severe and far-reaching. They vary depending on where you are caught.
Legal Penalties: Fines, court costs, and legal fees can add up quickly. First-time offenders of regular DUI in Arizona might face fines totaling over $1,500, while repeat offenders of Super Extreme DUI might face fines totaling almost $15,000.
License Suspension: A DUI conviction usually results in the suspension or revocation of the driver’s license. For the first offense of regular DUI, the license is suspended for 90 days. For Felony Aggravated DUI, the license is revoked for three years.
Jail Time: Based on prior convictions and the severity of the offense, individuals may face jail time. First-time offenders might receive only ten days in jail with nine days suspended with counseling. However, serious offenders can receive up to 3.75 years in prison.
Probation: Offenders who are not in prison might be required to check in with a probation officer and adhere to certain conditions, such as attending DUI education classes or rehabilitation programs.
Insurance Premiums: Auto insurance premiums often skyrocket after a DUI conviction. Insurers see drivers with DUIs as high-risk clients, leading to substantial increases in insurance costs. Some insurance companies even refuse to insure drivers with DUI conviction records.
Do DUI Charges Increase During Holidays?
Holidays such as the Fourth of July and Thanksgiving see a notable increase in DUI charges.
Holidays are synonymous with parties and gatherings where copious amounts of alcohol is often served. What’s more, they often extend over several days, providing more opportunities for people to eat, drink, and be merry. With more people traveling to visit each other, there are also more vehicles on the road.
Because of these risks, there is heightened law enforcement during long weekends and festive seasons. Police departments typically ramp up DUI checkpoints and patrols or even create special taskforces to deter drunk driving and catch offenders.
Can a Lawyer Help with My DUI?
Hiring an attorney with experience and expertise in DUI cases can make a big difference in how your case turns out.
Protecting Your Rights: A lawyer will make sure that your rights are protected during the legal process. This includes checking that any evidence against you was obtained legally and that you were treated fairly by law enforcement. If your rights were violated at any point, a lawyer could file motions to suppress evidence or even have the charges dismissed.
Expertise in DUI Law: A lawyer who specializes in DUI cases has a deep understanding of the laws and regulations specific to driving under the influence. This expertise allows them to detect any weaknesses in the prosecution’s case. For instance, improper police procedures, inaccurate breathalyzer results, or violations of your rights during the arrest.
Navigating Legal Procedures: The legal process for a DUI charge involves numerous steps, from the initial arrest to court appearances and potential trials. A DUI lawyer can guide you through every stage, ensuring that all paperwork is filed correctly and deadlines are met. This can prevent additional legal issues and help your case proceed smoothly.
Negotiating Plea Bargains: In some DUI cases, you may need to negotiate a plea bargain—a reduction of charges or penalties in exchange for a guilty plea. Experienced DUI lawyers have negotiation skills and relationships with prosecutors that can lead to more favorable outcomes, such as reduced fines, shorter license suspensions, or alternative sentencing options.
Court Representation: If your case goes to trial, it is absolutely necessary to have a skilled lawyer to represent you. They will present evidence, question witnesses, and make legal arguments to defend you against any charges. A lawyer’s courtroom experience can be key to achieving a not-guilty verdict or minimizing the penalties if you are convicted.
A DUI charge comes with potentially life-altering consequences. While the best defense is to avoid drinking and driving altogether, that is not always a realistic option. So, if you had one or two drinks but find yourself accused of driving under the influence, you should understand the potential penalties and have a trusted attorney on hand to help protect your rights and keep you out of trouble.