Got a DUI or DWI? 3 Things You Need to Know
If you’re facing a DUI or DWI charge, you may be wondering how to deal with it. Many people wrongly assume that a DUI is a traffic offense when it is really a crime. Litigation occurs in criminal court, and you are being charged with a misdemeanor or even a felony, not a traffic ticket!
Here are a few things you should consider when charged with a DWI or DUI:
1. Finding a Good DUI Attorney might not be easy.
Attempting to find an attorney or lawyer can be difficult, especially for a first-time offender. If this is your first offense, you may choose to proceed without a lawyer, but a good lawyer can help you navigate the court system and see if a plea deal is available. If this is your second offense or higher, you definitely need the help of a lawyer. Look for a lawyer that specializes in DWI and DUI cases, and try to meet with at least two lawyers before you decide who to go with.
2. Figure Out How You’re Going to Pay your DUI fine and legal fees.
You’ll likely have two costs when facing a DUI or DWI conviction: court fines and legal fees. Make sure you’re prepared for both. DWI fines in the state of Texas can which could be up to $10,000. If you’re unable to pay your DUI or DWI fines or penalties, it may result in jail time. Reach out to friends and family if you know you’ll have trouble with this part. You can pay them back later, but the judge will not take ‘later’ as an answer. If you’re worried about being able to pay legal fees, talk to your lawyer up front about the total costs for representing you. You may want to look into a legal protection plan, which can offer legal help at a lower cost.
3. Investigate Your Case and the Law.
You should also make sure that you were rightly charged. DUI charges are usually pretty irrefutable, but if your lawyer can help you find a loophole, or you were treated unfairly, you may be able to file a lawsuit to counter the charges against you. Your best chance of fighting a DWI or DUI is with a qualified attorney that specializes in these cases.
The most important piece to remember is that once you are charged with a DUI, you are a criminal in the eyes of the court. You need to be efficient in finding yourself a defense and be prepared. DUIs and DWIs are no joke, because driving under the influence could hurt not only you, but others on the road. Be prepared and professional with your case from start to finish, and use the charge as an opportunity to learn about yourself and your responsibilities as a driver.
Things You Should Do When Facing a First Offense DUI
Imagine this scene: you’re having happy hour cocktails with friends from work, and the night is winding down. You’re a little buzzed, but don’t feel drunk. You know you should probably not drive, but home isn’t far, so you decide to go for it.
You only get a few miles down the road when you see the police lights in your rearview mirror. The next thing you know, you’re being booked at the local police station for a first offense DUI.
It only takes a few critical decisions to join the ranks of 1.5 million people who are arrested for drunk driving every year.
When getting a DUI, it’s important to know what steps to take to ensure your rights are protected. Here are 5 steps you should take right away.
1. Stay Level Headed
If you get pulled over, it is crucial to keep your calm. While you probably won’t be able to talk your way out of a first offense DUI, being rude to the officer certainly won’t help your case.
Make sure to cooperate with the officer’s requests and directions. Legally, you have the right to refuse a breathalyzer test and the field sobriety test. Keep in mind, however, that the officer may still decide to arrest you for a DUI charge.
Refusal of these tests may eliminate certain evidence against you.
2. Contact an Attorney
After you have been charged with a first offense DUI, you will probably have to make court appearances. This is where you will face sentencing, and could be charged with fines, probation, or even prison time.
You will have the option to represent yourself in court, but this is not necessarily a good idea. An attorney will better understand your unique circumstances and can navigate the legal process.
Also, you should make sure to contact an attorney who has experience with DUI cases. Just because your buddy went to law school does not mean that they know how to help you with a DUI. With the consequences that are at stake, it is crucial to be represented by someone who knows how to get the best outcome for you.
Depending on the incident that led to the DUI, the case could go on for a long time. For instance, if there was a collision that involved another vehicle or property, you could be sued for personal injury or property damage. If this happens, the case could drag on for several years.
3. Get Your Story Straight
If you are facing a case that could take several years to resolve, you should make sure to get your story straight as soon as possible. You will likely be asked to give statements and multiple depositions. If details change from one deposition to another, it can make your testimony look weak.
- Write Things Down
Do you remember what you were doing three weeks ago tonight? Probably not off the top of your head. You would likely need to consult your calendar or people who were with you.
For this reason, you should never rely on your memory to help you keep your facts straight when it comes to legal issues. You may forget minor details that seem minor to you, but that opposing counsel can latch onto.
Write things down like where you were, who you were with, what you did, etc. This will help you ensure that you are telling the truth with consistency.
- Talk to Witnesses
If there were witnesses the evening you were out or in the vehicle at the time of the DUI, make sure to speak with them as well. Their testimonies will also be important.
In the best case scenario, what they remember can help you. But even in the worst-case scenario, it’s better to hear a testimony that will hurt your case before the fact.
- Don’t Overshare
Whenever you are dealing with legal issues, it is important to be circumspect about who you share details with. For example, your coworkers do not need to know everything about your case. You should also avoid discussing details in public places.
Additionally, be mindful of what you share on social media. Even something that seems harmless, like sharing photos of nights out with your friends, could hurt your case. For instance, if your pictures frequently have alcohol in it, opposing counsel could use that as evidence against you, perhaps imply that you’re an alcoholic.
4. Understand the Consequences
As you get started with your case, it is important to know what kinds of consequences are at stake. Depending on the severity of the charge, you may face hefty fines or prison time.
In most cases, your license will be suspended for some length of time. You may also need to take an alcohol education or driver education course.
If you are mandated to do these things, you should always follow through. The more compliant you are, the more smoothly the process will go.
5. Talk to Your Insurance Company
Often, after a DUI, you will see your insurance rates go up. This is because insurance rates are based on how the insurance company evaluates the risk of having you as a client. If you are charged with a DUI, that will make you seem at higher risk of causing an accident.
Reach out to your insurance company to see what kind of rate increase you can expect. Also, find out if there is anything you can do to bring your rates back down. Sometimes a driver education course may help to lower your rates again.
What is an Aggravated DUI?
There are certain factors that, in the eyes of the law, make some drunk driving cases worse than others. These cases are called “aggravated DUIs” are come with a heftier punishment.
If you’ve violated any of these conditions, you may find yourself with a higher fine, a longer suspension, or a larger prison sentence:
- Unusually high blood-alcohol content:
The legal limit in every state is currently 0.8%. Anything higher than that is grounds for arrest. Those who are caught with a BAC far higher than that may be considered for an aggravated DUI.
- Children in the car:
Driving drunk with minors in your vehicle? The state is probably going to charge you with an aggravated case. In many states, driving drunk in a school zone is considered the same as having children in your car.
- Several convictions:
The more offenses you have, the larger the penalty. Repeat offenders are treated as aggravated cases.
- Driving extremely fast:
The judge will take your speed into consideration. Driving fast is considered to be aggravated behavior and you’ll be punished accordingly.
- Driving without a license:
If your license has been revoked for a DUI or any other reason, you’re expected to stay off the road. Those who are caught drunk driving without a license will face some serious penalties.
Things To Know If You’re Facing A Dui Or Mip
Nobody is perfect, and we all have our moments of unfortunate judgment. If you made some poor decisions over the holiday weekend and are now facing a DUI or an MIP, here’s what you need to know.
#1: An alcohol-related charge is NOT a conviction
Just because you’ve been charged with DUI or MIP does not mean you’ve been convicted. Even with evidence such as blood alcohol content above the legal limit, it is still possible to strike a plea deal, negotiate a diversion whereby a conviction does not occur or even have the case dismissed, so don’t give up hope.
#2: Contact an experienced DUI/MIP lawyer right away
Your best shot at fighting a DUI or MIP charge is to get an experienced lawyer on the case right away. A lawyer can examine the details of your case, including your arrest record, and determine the best line of defense for your specific situation.
#3: Mum’s the Word
With the exception of your lawyer, be careful about the people to whom you reveal details of your case. Whether it’s the prosecutor asking you questions or a casual conversation with a friend, things you say could be used against you in court, and your friends and family could even be called as witnesses against you.
#4: Stick to the Rules
If your license has been suspended, then don’t drive, no matter how inconvenient. Don’t go out drinking, and don’t be out in an environment where it could appear that you are. If you think your behavior could be seen as questionable, then avoid engaging in that behavior.
Long-Term DUI Consequences
If you’re convicted of driving under the influence, don’t worry too much. You should, first and foremost, be thankful that you’re still alive. And, if no one else was hurt, you should be thankful for that, too. Each year, more than 10,000 Americans are killed in drunk driving accidents. Luckily, you still have time to get your life back.
The initial steps in recovering from a DUI conviction are overwhelming. They’re the biggest challenge in the whole process. As soon as you’re charged, the shock and fear will start to take hold. You’ll find yourself asking questions like:
- Am I going to lose my job?
- Is anyone going to insure me now that I have a DUI?
- How much will insurance cost?
- Will I ever drive again?
- Can I travel internationally after getting a DUI?
- What is my life going to be like now?
The consequences of drunk driving are well documented. However, people don’t know what life after a DUI is like until they live through it. If you’ve never been convicted of driving under the influence, it may feel like you’ll never recover. It’s possible to get back on your feet, though. If you stay strong while you manage the consequences of your conviction and seek treatment for alcoholism if you need it, you’ll be fine.
You’ll be back to living a normal life before you know it.