People
who get charged with DUI are not criminals. Most
people do not intend to go out and drive in an unsafe manner.
If the State can prove that your blood alcohol concentration
was higher than .08, the State does not have to prove that you
were at all impaired to convict you of DUI.
DUI laws are very
punitive. A first
offense carries a MINIMUM penalty of 12 months of probation (probation
carries a supervision fee of around $40.00 a month), a $300.00
fine (with additional court costs), and 40 hours of community
service work. It also carries a driver's license suspension
that lasts 120 days (if you took a chemical test). To reinstate
your license you must complete DUI driving school (a cost of
$265.00) and then pay a reinstatement fee of $210.00. During
the suspension you are eligible for a work permit (if you took
a chemical test). If you refused the chemical test, the suspension
is 12 months with no work permit.
It is important to act quickly after a DUI
arrest for two reasons. First, if you refused the chemical test,
your driver's license will likely fall into suspended status
the 30th day after your arrest unless you request a hearing
on this suspension within 10 business days after your arrest.
If you took a chemical test and scored higher than .08, your
license will fall into suspended status the 30th day following
your arrest if you do not request a hearing within 10 business
days.
If you took a test and it is your first offense in five years, the period of
suspension is 30 days.
If you refused to take a chemical test, the period of suspension is 12 months
and no work permit is available.
Second, crucial evidence may be lost or compromised
if you do not act quickly to request its preservation.
A DUI conviction can affect your insurability if you drive for
a living, it can affect security clearance, it can prevent you
from procuring or renewing professional licenses. A DUI charge
is serious business. Let us put our expertise to work for you.
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