If you have just been arrested for DUI charges then you just made the first step in fighting the charges against you and getting your life back. Here at DUIRights.com we specialize in looking at your specific circumstances involved in your DUI arrest and challenging all aspects of the DUI evidence. Almost every DUI arrest has in some way violated a person’s DUI Rights. This is not to say that every DUI offender is innocent but instead offer the proper justification based on more than just DUI police reports and sobriety tests. Each individual has the right to a second chance without being labeled unfairly from a DUI charge.
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Having your DUI Arrest Evaluated for Free will help establish a credible defense based on your specific details and possibly get all charges dismissed completely. If you are scared of losing your license then immediate action is required in order to get a hearing to rescind the DUI suspension penalty from your arresting DUI state. Getting arrested for DUI does not mean you are automatically guilty or mean you have to face these charges alone. DUIRights.com will provide you with everything you need from start to finish during the DUI process.
Understanding your DUI rights during a DUI arrest will provide a number of possible tactics your DUI Defense may use in court to help vanquish all charges. The prosecution must prove you were driving the vehicle and operating the vehicle under the influence of drugs or alcohol. The entire sobriety testing done during the arrest is used as evidence against you as well as what the arresting officer observed and put forth in the DUI police report. Obviously there may be discrepancies on the police report on the alleged events that took place when you were arrested for DUI. Here are some possible questions that may be used to help your defense:
By filling out the Free DUI Arrest Evaluation form a DUI advocate will be able to explain how these factors will play into your defense and possibly drop all charges against you.
If this is the first time you have ever been arrested and charged for a DUI, it can be a bit confusing as to what you need to do next. Obviously, you want to try and have the charges dismissed or, at the very least, have them reduced to avoid the repercussions of having a DUI on your permanent record. Here is a quick step-by-step guide on what you should do after a DUI.
State legislators today are under a lot of pressure to create strict DUI laws. Organizations like Mothers Against Drunk Driving (MADD) are constantly working to ensure “easy” states improve their laws as well as working towards stipulations such as mandatory ignition interlock device (IID) installation and jail time for anyone convicted. Below you will find the repercussion of being arrested and convicted of a DUI.
In some states, individuals convicted of DUI are able to get a restricted license. Each state will have its own guidelines in terms of how to file, when to file, and costs for doing so, but we will explore some of the general reasons why as well as conditions associated with a restricted license.
The reasons a restricted license may be issued are numerous. However, nobody is guaranteed the right to a restricted license as every case is treated on its own merits. In fact, if you have a bad driving record or are a habitual offender, you are much less likely to even have this opportunity.
Some common reasons for awarding a restricted license after a DUI are:
As stated earlier, every state and case is different, so by filling out the Free DUI Arrest Evaluation Form; an advocate will be able to assist in the hardship license process.
There is a common misconception that these tests are the same thing, but they are not. One of these tests is extremely unfair and actually subjective in nature. The second test, while required, still presents opportunities to have the case overturned. Let’s take a quick look at each “type” of test and what happens when you refuse to take them.
It is not common knowledge, but you can actually refuse to take a field sobriety test without penalty. Most officers will use these tests as a type of gauge in deciding whether to bring you in for chemical testing and/or charging you with a DUI. In most cases today, these tests are also recorded for evidence on the officer’s dash cam.
While you can refuse to take these tests, realize the officer may automatically charge you for a DUI if he or she has probable cause. The officer may elevate to demanding that you take chemical tests to prove your guilt or innocence. There is also the “perception” of guilt by refusing to take these tests if the case goes to trial.
Refusing to take any chemical test is also an option, but refusal comes with significant fines and penalties in most states. In fact, in at least one state, if you refuse, the officers can physically take the tests anyway. This is not the norm, though, as most states simply suspend your license and initiate more fines.
Something else to keep in mind is that these penalties and fines must be served and paid regardless of whether or not you win your case in court. In addition, you have additional stipulations on your license once it is restored, such as a mandatory or extended ignition interlock device period.
By having your Arrest Details Examined for Free, an advocate will be able to possibly pinpoint some inaccuracies in your specific testing results.
In years past, a DUI was treated as nothing more than a traffic ticket. Today, this not only a very serious crime that remains on your record for life, but also one that can dramatically affect both your personal and professional life. You could lose your job, be prevented from getting a job, and face significant financial hardships with maximum fines and penalties. For this reason, you may want to hire a DUI rights lawyer to defend you and fight the charges.
No matter how dire your case looks, a skilled DUI lawyer needs only a glimmer of hope to pursue in order to be able to present a viable defense, putting reasonable doubt in the judge’s mind regarding your guilt. If any of these conditions are present, your attorney may be able to have the charges lessened or outright dismissed.
Unfortunately, public defenders often get a bad rap in the legal world. The reality, however, is that many private sector attorneys actually started out as public defenders. If you have been arrested for a DUI and cannot afford your own attorney, you will more than likely have a public defender representing you in court.
Contrary to popular opinion, quite a few attorneys actually choose to remain public defenders. However, there are also significant amounts of public defenders that are new, young attorneys trying to gain experience. The latter concerns us when someone is facing charges on a DUI arrest.
Considerations when Using a Public Defender
If finances are your main concern preventing you from hiring a private DUI attorney, you can use DUIRights.com to get your arrest details examined for free. In all likelihood, you will be able to find at least one DUI attorney in your area that is willing to work out some type of arrangement enabling you to have the best defense possible during your trial.
If this is your first DUI, you may have several options available to you in terms of pleading out as well as some penalties and fines. In most states, the first offense is the least costly, but that is not always the case. Below we have some general fines and penalties you can expect on your first conviction (keep in mind every state has its own laws, so some of these may not be relevant in your case).
Unlike first-time DUI offenders, you will lose most of your options with a second DUI conviction. You will also more than likely face significantly higher fines and penalties. A second conviction begins to show a pattern of behavior the courts will take into account when sentencing.
One thing the courts will look at prior to sentencing is the length of time that has passed since your last conviction. Quite a few states offer what is called a “washout” or “lookback” period. If your arrest happens after this period has expired, your sentencing will revert to first-time offender penalties. If the arrest is within this period, you will be sentenced as a second-time offender. In general, this period ranges from five to ten years.
Ignition Interlock Device (IID) installation is also very common for second time offenders. The significance in this is that you are actually responsible for the costs of the device as well as any installation and maintenance costs. You will not be able to operate the vehicle without this device in place and functional.
Penalties for refusing to take chemical tests are also usually elevated for second-time offenders, as are most other penalties and fines. In many states, the penalties are roughly double those first-time offenders face and some states leave the maximum fines up to the judge presiding over the case. If the arrest is soon after the first arrest or has extenuating circumstances, you can expect the penalties and fines to be on the extreme end of the spectrum.
It is quite understandable that after being arrested for a DUI, you are concerned about how this will affect your professional, personal, and financial life. However, even if you were at fault, not all may be lost. The police may have made numerous errors during and after the arrest that will enable you to have the charges dismissed.
These are just four ways an attorney can get you out of a DUI charge. However, each state and case are unique, so you should submit your case details to DUIRights.com for a free evaluation to have your specific state advocate help with your case.