How ironic life is for 44-year-old Elwood Gushall III when arrested by the Michigan for driving under the influence of alcohol. Police say Gutshall’s blood-alcohol content is two and half times higher than Michigan’s limit for drivers. What’s more exciting about Gushall’s arrest is that he’s wearing a shirt that says ‘Drunk Lives Matter.’
Many drivers don’t have any idea of the consequences after being charged with DUI. Most of them thought that it is a light charge that is easy to neglect. Here are some things that happen after facing DUI charges.
Should I go to court?
When you are charged with DUI, it is serious business. You have to take the charge seriously and not just brush it off as a misdemeanor. Facing DUI charges can be stressful and intimidating, but you need to get help from an experienced attorney who will guide you through the process and make sure that your rights are protected.
If you are facing DUI charges, it is important to speak with an attorney immediately so that he or she can help you figure out what your next steps should be.
There are several things that need to be considered when deciding whether or not to go to court for a DUI charge:
- Come to an agreement with your attorney about how much money and/or jail time you will pay if convicted;
- Get an evaluation by a medical professional (such as a psychiatrist or psychologist);
- Wait for your case to be scheduled for trial; and
- Appear in court for the trial.
Going to Court for DUI Charges
Once arrested, a driver will receive a summon that they need to appear in court. During their court appearance, the present court pins evidence against them. The court will require the accused to plead guilty or innocent.
If the accused is found guilty, courts will:
- Impose fines, and it will include driver responsibility tax
- Revoke or even suspend the license
- To require the accused to enroll in drunk driver education program
- Some courts sentences arrested drivers to jail
- As an alternative, some court requires serving to community work
- Drivers are under probation
- Impose certain sanctions and fees intending to compensate the expense of DUI cases
- Some judges require a driver to take part in a drug or alcohol treatment program. It is part of the probationary status, and sometimes they install ignition interlock devices in a vehicle.
- While under probation, drivers must not drink any alcoholic drink or enter any bar.
Neglecting a DUI Charge
Neglecting a DUI charge is a common charge among people who have been arrested for driving under the influence. A person can be charged with neglecting a DUI if they are found to be intoxicated and not able to drive safely.
Many people think that this offense is simply about not being able to pass a field sobriety test or failing to complete the breathalyzer test. However, neglecting a DUI charge can also include behaviors such as:
- Refusing to take the chemical test that was requested by law enforcement officers;
- Refusing to submit to any further testing;
- Failing to properly submit an implied consent form (ICF) or refusing to sign an ICF form;
- Refusing a roadside survey; and/or
- Refusing to provide information regarding his or her license status (such as having pulled over).
Remember, neglecting a DUI charge can be just as serious as driving under the influence. Not only does it carry the same consequences, but it also can result in additional fees and fines for your license suspension.
If you’re arrested for an OWI, you have the right to fight this charge in court. If you lose your case or have a sentence that exceeds 30 days in jail, you could face a suspended license. If you’re convicted of OWI, your license will be suspended for at least 6 months and up to 1 year.
The penalties become more severe if you were involved in an accident while driving with a suspended license:
- 6 months in jail
- $1000 fine
- $10 surcharge
To Get The Driver’s License Back
Judges will allow for conditional, provisional and temporary licenses. However, it still varies depending on the circumstances. Most granted cases usually participate in an education program. Liability insurance can be a tool to get the license back.
Your Attorney’s Role: How a criminal defense attorney can help you with a DUI charge
The most important thing to remember about DUI charges is that you have rights. As a defendant, you have the right to speak with a criminal defense attorney and ask them to help you. You can also ask them what your options are if they decide not to represent you.
Your criminal defense attorney will be able to advise you on what your options are if they decide not to represent you, but they can also give you advice on how best to proceed with your case. Your criminal defense attorney will be able to tell you what evidence prosecutors will present against you during your trial, so that you can get an idea of what questions or arguments they will use against you.
The most important thing is that an experienced criminal defense attorney can help explain the process and make sure that your rights are protected throughout the entire process of being charged with a crime and being tried in court if necessary.
Takeaway
Drivers must clearly know their state’s DUI terms and law. It is also a great idea to hire DUI defense attorneys to assist them with the process. There are a lot of lawyers who provide free consultation and clearly know the system. Finding a good attorney in their area is the best thing to do.
Interesting Related Article: “7 Mistakes to Avoid Before Hiring a Criminal Defense Attorney“