The DUI Process
by
Randy Collins on May. 30, 2012
Motor Vehicle Traffic Criminal DUI-DWI
Summary: The DUI lawyer can compose plea bargains or appeals to reduce sentencing for those facing lifestyle altering penalties – which is what DUIs are made of. These lifestyle changes include being unable to drive independently, hikes in car insurance, fees, misdemeanor records and more negative impacts.
In you have ever wondered what a DUI arrest entails, the typical process in most states include:
· The car is signaled to stop, due to a traffic offense, a tipster, or observing that the driver is maneuvering the vehicle out of order.
· The officer will then ask the driver to do a test, otherwise known as a field sobriety test.
· If these tests are failed, the officer may then proceed to conduct a breathalyzer test.
· A blood alcohol count (BAC) of 0.08 percent or higher will normally result in an arrest.
· The offender will be transported to the local jail, where they will have the opportunity to place bail, make a phone call to a friend, family or lawyer.
· A court date will be set to review the case and process DUI sentencing.
During the arrest, answering questions are not mandatory, but it is recommended that individuals cooperate with the police officer on duty. The roadside breath test, otherwise known as the preliminary alcohol screening, is not mandatory in states like California. However the second test, conducted at the station of holding is mandatory. Refusing to take this chemical test at the station is illegal is and will consequentially result in other charges, such as implied refusal.
DUI refusal carries more penalties in some states than others. Failure to take the breathalyzer test at the police station will usually result in suspension of driver’s license for a period of one year.
The penalties for DUI, independently, vary from license suspension, to misdemeanor or felony charges, and depends on the circumstances surrounding the case. Enhancement sentencing is imposed for factors such as driving with a minor, having a prior DUI conviction, or if while driving under the influence, someone was injured.
Contacting a lawyer after a DUI arrest is highly recommended, especially if suspects are guilty. The DUI lawyer can compose plea bargains or appeals to reduce sentencing for those facing lifestyle altering penalties – which is what DUIs are made of. These lifestyle changes include being unable to drive independently, hikes in car insurance, fees, misdemeanor records and more negative impacts. It’s therefore imperative to contact a DUI lawyer in the event of an arrest.