The Process of a DUI

Here's my final attempt to keep you from drinking and driving this New Year's Eve.  If you haven't believed what I have written about how "you can't hide your drinking" from a police officer maybe you will drink responsibly learning what the process of getting a DUI is:

I wish I could take credit for what you are about to read but Lawyershop said it better than I could have so this information was taken directly from their website and put in an easier to read format.

Traffic Stop

The first stage of a DUI arrest is the traffic stop. You can be stopped if your driving is dangerous or erratic. Police will try to gather DUI evidence against you during the traffic stop, which is why you should politely decline to answer any questions until you have spoken to your DUI attorney.

Blood Alcohol Limits

Blood alcohol concentration, or BAC, is an objective measure of how much alcohol is present in the body. BAC is considered a fair measure for everyone because it is expressed as a percentage, not a standard quantity. Someone with a BAC of 0.08 has alcohol making up eight-tenths of one percent of his or her blood, regardless of his or her size or weight. Different people can drink different amounts and still have the same BAC. Find more information about BAC and the laws in your state at the Insurance Institute for Highway Safety's website.

Arrest

A drunk driving arrest may be made at the traffic stop if the law enforcement officer believes there is probable cause. Although you do not have to answer questions until you speak to an attorney, you should cooperate and comply with the arresting officer. In most cases, attorneys recommend that you do undergo chemical DUI testing. Resisting arrest may bring additional charges.

DUI-Related Crimes

Intoxicated drivers may be charged with additional crimes for the same incident, such as child endangerment if a child is in the vehicle, reckless driving, or even vehicular manslaughter. Depending on the evidence found at the scene, as well as the results of DUI tests, charges may be filed against you.

Booking

Booking is the process of recording the arrest at the law enforcement station. If arrested for DUI, you will fingerprinted, photographed, searched, and asked to answer questions. Remember you do have rights in a DUI case - you should politely decline to answer questions until you speak to a lawyer. In many cases you may be released after booking.
Preliminary Hearing

A preliminary hearing is held in some DUI cases so a judge can determine if there is enough evidence or probable cause to uphold the charges. If so, the case will then be scheduled for trial. Your DUI lawyer should represent you at a preliminary hearing.

Trial

Depending on the laws of your state and the nature of the charges against you, your DUI case may go to a jury trial. At the trial, the prosecution and your DUI attorney will present information to the judge and the jury. You should hire an experienced DUI attorney to handle a jury trial.

Sentencing

Sentencing is when the judge or jury reveals the verdict of the trial and announces any DUI punishments. In most cases, sentencing immediately follows the verdict. Your experienced DUI lawyer can help you understand the sentencing of your case and may be able to file an appeal.

License Revocation

License revocation or suspension is independent of criminal charges. If a person refuses to take a BAC test or fails it, they may face license suspension beginning at the time of arrest. Additional penalties may be imposed if the person is convicted in a criminal court, including fines, jail or prison time, probation, or community service. The person may also be ordered to participate in a drug or alcohol treatment program.

Licensing action is not always handled in a formal trial. In some DUI cases, state agencies review the evidence, allow the offender an opportunity to contest any action, and issue an order themselves. One type of action is suspension, which merely invalidates the license for a period of days, months, or even years. The other possible action is revocation, which actually strips the driver of driving privileges and forces him or her to retest for a license when eligibility has been restored. The District of Columbia and the state of New Jersey carry the strictest mandatory licensing policies for first-time DUI offenders: a revocation of six months. Both Alaska and New Jersey have the stiffest license penalty for a third offense, with a mandatory ten-year revocation.

Fines

Another common punishment in DUI cases is a monetary fine. Fines can cost in the hundreds and thousands depending on existing evidence in the drunk driving case and prior convictions.
Imprisonment

Imprisonment is another DUI penalty that is commonly leveled for DUI cases. Imprisonment is determined through a court trial. Many states have mandatory minimum jail term sentences that can be as much as 72 hours for a first time offense and as much as one year for a third offense. However, the term for a first offense can be increased to months or years, depending on the circumstances. Community service can sometimes serve as a substitute for jail time.
Factors that Play into DUI Sentencing

DUI punishments can vary depending on the circumstances of the case. Here are some factors that are considered in DUI cases:

• Prior DUI convictions
• Speed at the time of the DUI arrest
• Reckless driving prior to stop
• The presence of young children in the car at the time
• Level of BAC over the legal limit
• Refusal to take chemical DUI tests
• Local policy
• The DUI laws in the state in which the arrest took place
• Zero Tolerance

Under zero tolerance laws, individuals under age 21 can have their license suspended for one year if they are found with even a small amount of alcohol in their system. If a person under age twenty-one is found to be over the legal limit of 0.08 percent, he or she can be arrested and convicted of drunk driving. Minors who receive DUI convictions may be sentenced as adults, but if given detention, they will spend it in a juvenile facility.

Have more questions:  Click HERE for Lawyershop's FAQ.  I hope you have learned about the dangers of drinking and driving.  I want to thank the author of this blog on Lawyershop for the wonderful information they provided.

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Pueblo Office: 113 W. 12th Street  (Map it)
Colorado Springs Office:  422 E. Vermijo Ave., Suite 412 (Map it)

Please click HERE to read previous blogs about this subject

Designated driver or DUI...it's your choice

How many drinks would it take to be considered drunk?  Too drunk to drive?  Have you ever wondered....okay have you ever wondered this BEFORE you started drinking and not after?

Okay, one (1) drink per hour is a safe calculation.....it's too hot after that long.



Here is a calculator that tells you (estimate) what your BAC (Blood Alcohol Count) would be after so many drinks in so many hours.....COOL!! BUT.....I just learned that if I have four (4) beers at 6% alcohol in 2 1/12 hours oops DUI.  This shocked me because when I have four (4) beers at 6% alcohol in 2 1/2 hours I FEEL FINE....I guess that's where the impairment comes in huh?

So here's the thing.  No one wants you to drive drunk or impaired....even bar owners.  If you aren't safe you won't return, am I right?  It used to be called a $10,000 DUI...well those days are over because the with the increase of insurance, legal fees, fines, bail it could be up to $25,000 when you are finished.....that is $6250.00 PER BEER I just had.  MSN has a breakdown of most fees that may be incurred with a DUI. (MSN Money arrive alive).

I am going to use this calculator to determine what I can safely have BEFORE I get to the bar if I am driving.

It is important that if you are going to be drinking please do not drive.  Get a designated driver, call a cab or call a friend (hopefully not the friend who was sitting next to you drinking with you).  I am going to have to call someone or have a designated driver as the calculator says I am allowed two (2) beers at 6% alcohol in a 2 1/2 hour time span.

If you do not "trust yourself" to make the right decision hand your keys over when you get there....let the sober one who KNOWS how much you have had to drink decided if you should be driving.  

There is one big thing about the holidays....all of the holiday parties and celebrations.  There is also another big part of the holidays...how many people are involved in car accidents because of alcohol.  If each of us would just drink responsibly imagine how many lives would be saved.  There are enough things out there that kill people....drinking and driving should not be one of them.   

Like Zeisler & Associates, Attorney at Law, PC on Facebook or visit their website.

Pueblo Office: 113 W. 12th Street  (Map it)

Colorado Springs Office:  422 E. Vermijo Ave., Suite 412 (Map it)