DUI LAW

FIRST
OFFENSE DUI

The book, Facing the Flashing Lights: A Comprehensive Guide to Your First DUI Offense, is devoted to the topic of the first DUI.
It gives you a nauseating feeling when you see the red and blue lights flashing on your rearview mirror. When such stop culminates in an arrest of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI), the apprehension may easily escalate into a state of panic. To a large number, the first-time experience of the criminal justice system is a first-time DUI.

The last thing you have to do is breathe in case you are already in this predicament. Although a DUI is certainly no trifle, it is also one of the most prevalent criminal charges that are committed by otherwise law-abiding citizens. It is a great challenge, yet with the greatest number of first-time offenders, it is not a fatal incident.

This guide is a way to subdivide what actually occurs in the case of first offense, what it may lead to, and the way out.

Two Dissimilar Battles: Criminal vs. Administrative.
A DUI arrest is one of the most perplexing things because you are now on two fronts that you are two different battles.

1. The Administrative Battle (The DMV)
Depending on your location, the Department of Motor Vehicles (or your state agency equivalent) will have an automatic suspension of your license as soon as you are arrested, or refuse to take a breathalyser test. This does not concern court proceedings.

The Clock is Ticking: Within most jurisdictions, you have a very limited time (usually no more than 10 days) in which to seek an administrative hearing in order to contest this suspension. Failure to do so will automatically result in your license being suspended no matter what happens with your case in court.

2. The Court The Battle of Crime.
This is the legal process in which the prosecutor has a burden of proving beyond reasonable doubt that you were driving a motor vehicle whilst impaired. This song concerns fines, probation and possible jail costs.

Ordinary punishments on a first offense.
Although expecting the law is quite different by state and county, there is generally a pattern towards standard first-offense punishment. Judges tended to follow statutory directions unless there were aggravating circumstances, such as a very high Blood Alcohol Content (BAC), an accident that resulted in injury, or a minor being in the car.

Probation: It is the most preferred alternative of jail term in first offender. It normally takes one to three years. In such period, you have to be law-abiding and could also be subjected to random drug or alcohol tests.

Money and Monetary Punishments: DUI is not cheap. Depending on the type of court charges, booking charges, and restitution money, you may be required to pay a few hundreds to thousands of dollars.

DUI Education Classes: First time offenders are nearly obliged to attend schools or alcohol education or safety schools. They may include a weekend workshop, or weeks of classes a week, according to your level of BAC.

Suspension of License: A court conviction normally causes an automatic suspension of license which is usually a period of three to six months. However, a lot of states offer a so called restricted license which can allow you to drive to work, school and court mandated appointments.

Ignition Interlock Device (IID): More states are beginning to impose a first-time offender to install an IID in their cars. This type of device needs you to blow into a mouthpiece in order to start the car. The installations and monthly rent will be under your responsibility.

The Diversion Programs Possibility.
Diversion programs or what is commonly referred to as probation before judgment is the silver lining of many first-time offenders.

Due to the congested court dockets, numerous jurisdictions are providing programs that target individuals and have no prior criminal record. In essence such programs are a contract between you and the state. Normally, you are accepted to serve the community, pay fines and attend classes. In its turn, this may result in the elimination of the charges against you, their downgrading to a non-criminal traffic offense (also commonly known as a “Wet Reckless” one), or their removal off your record upon successful completion.

It is very important to know whether or not you are a candidate of such a program because this would save you a permanent criminal conviction record on your file.

The Long-Term Impact
Outside the courtroom and the DMV, a DUI has some collateral consequences, which will impact your day-to-day life.

Insurance Rates: This is usually the most agonizing financial blow in the long term. Your car insurance rates will most probably significantly increase, and your insurer can make you submit an SR-22 (a certificate of financial responsibility) to the state over the next years.

Employment: In case your occupation entails the use of a company vehicle, a DUI is a career killer. In other professions it normally features on background checks. But one misdemeanor DUI is hardly ever an obstacle to employment unless you are in a very sensitive profession (such as the aviation or police departments).

Travel Restrictions: The other effect that is frequently ignored is the international travel. An example of such a country is Canada where entry rules on DUI convictions are very strict. A typical DUI may render you inadmissible to Canada without exceptional dispensation, which is quite a surprise to corporate tourists or vacationers.

Moving Forward
Being the victim of a DUI is a weight to bear. A lot of individuals experience a lot of shame or embarrassment. You should not forget that this is not what determines your character, but a mistake that you made.

The system of law is punitive in nature and is meant to re-habilitate. The aim of the penalties is to provide safety of the roads and prevention of recidivism. Making your classes, paying your fines, and following probation are the ways you can forget about this chapter.

In case it is a first time offence you should not ignore the mail and pretend it will fade away. Be proactive. Take the necessary papers together, become familiar with the timelines of your license hearing and be ready to go through the proceedings. Over time and obedience, the stress of the arrest will disappear and you will proceed with a good experience learnt.