A DUI arrest can be a nerve-wracking, and often embarrassing experience. Whether you had been drinking a lot, a little, or not at all, or if you have consumed marijuana or some other drug, you may be unsure what to do or say when the police ask you if you are under the influence or get you out of your car to perform field sobriety tests. A first-time DUI conviction can get you up to 364 days in jail, $5,000 in fines, a 90-day driver’s license suspension, various substance-abuse treatment requirements, as well as extended time with the expensive SR-22 insurance endorsement and a breath ignition interlock device.
The stakes are high, and the penalties get more severe with prior DUIs or with a higher Blood Alcohol Content (BAC) results, so the confusion and uncertainty in facing a DUI charge can be overwhelming. So what do you need to know?
The first step is to know that all of your constitutional rights apply to a DUI arrest just as they would for any other offense. You are protected by all of the constitutional rules which govern police conduct, especially the requirement that police have the proper authority of law to make any stop, search, seizure, or arrest. You also have the right to remain silent and the right to consult with an attorney, which means that, even before your arrest, you can politely decline to answer police questioning and request that you contact a lawyer for advice.
The next step is to know that you may have several options in how to approach a DUI charge. Depending on the circumstances of your case, it may be possible to plea bargain to a lesser offense, such as reckless driving, negotiate for lower penalties, fight the charge in trial, or even get the case dismissed if the police failed to collect enough evidence against you. Even if you know you should not have been driving, and wish to plead guilty and accept the consequences, it is always a good idea to have a lawyer examine your case just to be sure that all of your rights are being protected.
For a free one-hour consultation to help you decide how to move forward, please call (253) 678-8525 today.
