Frequently Asked Questions
If you will decide to plead not guilty during the very first hearing, be prepared for the fact that the DUI case may take up to several months to be settled entirely. On certain occasions, the cases may go through courts for years.
If a felony is involved in the case, chances are, it may take a lot more time to settle. A relatively precise time frame may be determined once the attorney knows all the factors and details that will have an effect on the overall outcome. This is yet another reason why it is so important to have reliable and skillful lawyer by your side.
Indeed, there is a chance to win an administrative hearing. In order to do that, you will first need to hire a qualified and experienced attorney, who knows how to handle all the legal matters properly. In order to restrict your driving privileges, the administrative hearing officer will have to make three determinants:
1. Who was driving the car?
2. Did the law enforcement officer have a probable cause to pull you over in the first place?
3. Was your blood alcohol content level .08 or higher?
Only a certified and genuinely skillful defense attorney will be able to question those points and will help you succeed in an administrative hearing.
You can get the license back, but only if the elements of your case permit it. There is a number of legal strategies that may well be used to help you get your license back. Every single case is based on a number of specific facts. Without understanding all of those factors, it is nearly impossible to predict, whether you will be able to recover your license or not. It is highly advisable to get in touch with a qualified as well as experienced DUI attorney for a free consultation.
After you were arrested for committing a DUI offense, you will need to face two different proceedings – the court proceeding and the Secretary Of State.
Drivers, who are accused of committing a DUI offense, will receive a special temporary permit that will allow them to drive their vehicles for 30 more days. In case you do not want to lose your license after that term has passed, you will need to initiate an administrative hearing. You will have to do so within 10 days after the accident took place. Otherwise, you will risk losing your driving privileges, since your license is going to be suspended or revoked.
The following penalties are very common when it comes to the DUI crimes:
• Expensive fines as well as extensive court supervision period
• Jail or prison time that may range from a month to several years
• Impoundment of your car
• Revocation or suspension of the driver’s license
• Obligatory attendance at awareness programs
• Installation of Ignition interlock device
The type of penalty will depend on a number of factors, including the offense itself, the county you are from, your age, etc.
In addition to the above-mentioned penalties, a DUI crime may also entail higher insurance cost as well as lost job opportunities.
The date and the exact time of your hearing can be found in your paperwork or in your ticket. In case you do not have an attorney to represent you, you must appear in court precisely on time. The Judge is going to take care of the attorney-represented cases and will move on to you next.
At a certain point during the procedure, the judge will provide you with a possibility to enter a plea. You will be able to plead guilty or not guilty. The judge will carry on with the procedure in dependence with your choice. In case you are going to plead guilty, the punishment will be announced right away, but if you will choose to plead not guilty, the judge will have to ask you a series of questions in order to establish if you wish to use your constitutional rights, including the right for a speedy trial.
Winning a DUI case in court is very much possible if you have a qualified and experienced attorney by your side. There is a number of effective techniques that will allow to build a solid defense strategy, including challenging blood alcohol content levels and arguing constitutional violations.
Legal representatives have managed to help many of their clients by reducing their DUI penalties. Some clients even had their cases dismissed whatsoever. You should definitely rely on a good lawyer to help you deal with the legal consequences of the DUI charges.
A good attorney will thoroughly examine every single police report in order to determine, whether there are lapses in the procedure. He will need to know everything there is to know about the device that was used for blood sampling, about the personnel, who were conducting the procedures as well as all the certifications that the lab has. In order to build a solid defense strategy the attorney will do pretty much everything in his or her power.
If you or your loved ones were charged with a DUI crime, it is very important to get in touch with a qualified attorney at the earliest opportunity. The legal representative will be able to provide you with various options, so you will have the freedom of choice when deciding to follow one of the paths. The lawyer will provide you with the following options – trying to get the case dismissed, negotiating a plea bargain or taking the case to court.