A DUI Attorney discusses what happens in the typical DUI case:
No DUI case is “typical” because DUI cases can involve different factual and legal issues, but there are some common things that occur in the “typical” DUI case. DUI cases start with the stop by police, either on the road or at a DUI checkpoint. The police (or sheriff, or CHP) will initiate a DUI investigation and will determine whether there is enough suspicion to arrest the driver for DUI. The Driver will be admonished to submit a chemical blood alcohol test (either blood or breath) and the results will be used in a criminal prosection if the person was found to have a blood alcohol level above 0.08%. The driver will face a DMV process that can result in license suspension and will face criminal charges in court, with potential jail, fines and mandatory alcohol class participation.
Possible Consequences of a DUI arrest in the tyipcal DUI case:
For a first offense DUI, the driver faces both criminal court and DMV consequnces. If the driver has professional licenses issued by a state agency (real estate agent, medical doctor, nurse etc….) there can be collateral consequenses depending on the agency that issued their professional license. A breakdown of the conseqences can be found below: (for a more thorough list, see the following link “DUI Consequences“)
CRIMINAL COURT CONSEQUENCES:
-Mandatory participation in DUI education classes
-Driver’s License Restrictions
-Driver’s License Restrictions and/or suspension (seperate and apart from the Courts)
-Increased Insurance costs
Defending a DUI case: what happens in the typical DUI case from a defense lawyer’s perspective:
Minimizing the consequences and penalties of a DUI arrest and protecting a client’s rights are the most important jobs for any DUI defense attorney. A proper defense of any DUI case starts with the initial consultation with the client, where the most important job for the DUI lawyer is to listen to the events as the client describes them. The client should be HONEST above all else and should not be embarrased (an experienced DUI lawyer has seen and heard worse cases than yours). After a proper consultation, the defense strategy can be formulated and carried out.