DUI Attorney Guide: Protecting Your Record After First DUI
- Meason & Morris Law
- 3 days ago
- 9 min read
Getting arrested for a DUI is a scary experience. If it is your first time, you are probably worried about what will happen to you. You may be afraid of going to jail, losing your driver's license, or having a criminal record.
These are all valid fears. But it is important to remember that you are not alone. Many people get arrested for DUIs every year. And with the help of a good DUI attorney, you can protect your record and your future.
At Meason & Morris Law, we have helped many people who have been arrested for a first-time DUI. We know that you are scared and confused.
We are here to help you through this difficult time. This guide will explain what you can expect after a first-time DUI arrest. We will talk about the penalties you may be facing and how a DUI attorney can help you.
We will also talk about the different defense strategies that can be used to fight a DUI charge. With the right information and the right legal help, you can get through this.
Understanding First-Time DUI Charges
A DUI is a serious charge. DUI stands for "driving under the influence." DWI stands for "driving while intoxicated." In most states, these terms mean the same thing.
It means that you were driving a car while you were impaired by alcohol or drugs. The legal limit for blood alcohol concentration (BAC) is .08% in most states. This means that if your BAC is .08% or higher, you can be arrested for a DUI.
A DUI arrest usually starts with a traffic stop. A police officer may pull you over for a traffic violation, such as speeding or running a red light. Or, you may be stopped at a DUI
checkpoint. Once you are stopped, the officer will look for signs that you have been drinking.
They may ask you if you have been drinking. They may also ask you to do some field sobriety tests. These are tests that are designed to see if you are impaired.
You may also be asked to blow into a breathalyzer. A breathalyzer is a device that measures your BAC.
If you fail the field sobriety tests or if your BAC is over the legal limit, you will be arrested for a DUI. After you are arrested, you will be taken to the police station.
You will be booked and you may have to spend the night in jail. You will also have your driver's license taken away. This is called an administrative license suspension. This is separate from the criminal charges you will be facing.
It is important to understand that a DUI is a criminal offense. This means that you could go to jail, pay a fine, and have a criminal record.
A criminal record can make it hard to get a job, rent an apartment, or get a loan. That is why it is so important to have a DUI attorney on your side. A DUI attorney can help you fight the charges and protect your record.
Penalties for First-Time DUI Offenders
The penalties for a first-time DUI vary from state to state. However, there are some common penalties that you can expect to face. These include fines and court costs, jail time or probation, license suspension, ignition interlock device requirements, DUI education and substance abuse programs, and community service.
You will have to pay a fine and court costs. The amount of the fine will vary depending on the state and the circumstances of your case. You may have to spend some time in jail. The amount of jail time will vary depending on the state and the circumstances of your case.
In some cases, you may be able to get probation instead of jail time. Probation is a period of time where you are supervised by the court. You will have to follow certain rules, such as not drinking alcohol and not breaking any laws.
Your driver's license will be suspended for a period of time. The length of the suspension will vary depending on the state and the circumstances of your case. In some cases, you may be able to get a restricted driver's license.
A restricted driver's license will allow you to drive to and from work, school, and other important appointments. You may have to have an ignition interlock device installed on your car. An ignition interlock device is a device that will not allow you to start your car if you have been drinking.
You will have to attend a DUI education program. You may also have to attend a substance abuse program. These programs are designed to teach you about the dangers of drinking and driving.
You may have to do community service. Community service is unpaid work that you do for a non-profit organization.
In addition to these penalties, a DUI conviction can have other long-term consequences. It can make it hard to get a job, rent an apartment, or get a loan. It can also affect your ability to get a professional license, such as a nursing license or a teaching license. A DUI conviction can also make it difficult to travel to some countries.
How a DUI Attorney Protects Your Record
A DUI attorney can do many things to protect your record. First, they will review your case to see if there are any legal issues that can be challenged.
For example, they will look at whether the police had a valid reason to stop you. They will also look at whether the field sobriety tests were done correctly. And they will look at whether the breathalyzer was working properly.
If there are any legal issues with your case, your attorney can file a motion to suppress the evidence. A motion to suppress is a legal document that asks the court to throw out the evidence against you. If the motion is granted, the prosecutor may not be able to prove their case against you. This could lead to the charges being dismissed.
Even if there are no legal issues with your case, a DUI attorney can still help you. They can negotiate with the prosecutor to get the charges reduced.
For example, they may be able to get the charges reduced to a lesser offense, such as reckless driving. A reckless driving conviction is still a serious offense, but it is not as serious as a DUI conviction. It will not have the same long-term consequences.
A DUI attorney can also help you get into a diversion program. A diversion program is a program that allows you to avoid a criminal conviction. If you complete the program successfully, the charges against you will be dismissed. This is a great way to protect your record.
Finally, a DUI attorney can help you get your record expunged. Expungement is a legal process that seals your criminal record from public view. This means that employers, landlords, and others will not be able to see that you were arrested for a DUI. Expungement can be a great way to get a fresh start.
Defense Strategies DUI Attorneys Use
There are many different defense strategies that a DUI attorney can use to fight a DUI charge. Some of the most common defense strategies include challenging the traffic stop, challenging the field sobriety tests, challenging the breathalyzer results, using the rising BAC defense, and arguing medical conditions affected test results.
The police must have a valid reason to stop you. If they did not have a valid reason to stop you, the evidence against you may be thrown out.
Field sobriety tests are not always accurate. There are many things that can affect your performance on these tests, such as your age, your weight, and your medical condition. Your attorney can challenge the results of the field sobriety tests.
Breathalyzers are not always accurate. There are many things that can affect the results of a breathalyzer test, such as the way the test was administered and the way the machine was calibrated. Your attorney can challenge the results of the breathalyzer test.
Your BAC can continue to rise for some time after you stop drinking. This means that your BAC may have been below the legal limit when you were driving, but it may have been over the legal limit when you took the breathalyzer test. This is called the rising BAC defense.
Certain medical conditions can affect your performance on field sobriety tests and can also affect the results of a breathalyzer test. For example, if you have diabetes, you may have a high level of acetone in your breath. This can cause a false positive on a breathalyzer test.
These are just a few of the defense strategies that a DUI attorney can use to fight a DUI charge. A good DUI attorney will review your case and will develop a defense strategy that is right for you.
Benefits of Hiring a DUI Attorney Early
If you have been arrested for a DUI, it is important to hire a DUI attorney as soon as possible. The sooner you hire an attorney, the better. An attorney can start working on your case right away. They can review the evidence against you and can start developing a defense strategy.
An attorney can also help you with the administrative license suspension. In most states, you only have a few days to request a hearing to challenge the suspension of your driver's license. If you do not request a hearing, your license will be automatically suspended. An attorney can help you request a hearing and can represent you at the hearing.
An attorney can also help you avoid making mistakes that could hurt your case. For example, they can advise you not to talk to the police without them present. They can also advise you not to post anything about your case on social media.
Finally, an attorney can help you reduce the stress and anxiety of a DUI case. A DUI case can be a very stressful experience. An attorney can handle all of the legal work for you so that you can focus on your life. They can also provide you with emotional support and guidance.
The cost of hiring a DUI attorney can be a concern for many people. However, the cost of not hiring an attorney can be much higher.
A DUI conviction can have a major impact on your life. It can affect your job, your family, and your future. A DUI attorney can help you protect your rights and your future.
What to Expect When Working with a DUI Attorney
When you hire a DUI attorney, the first thing they will do is to meet with you to discuss your case. They will ask you questions about what happened and they will review the police report. They will also explain the legal process to you and will answer your questions.
After they have reviewed your case, they will develop a defense strategy. They will then start working on your case. This may include filing motions, negotiating with the prosecutor, and preparing for trial.
Your attorney will keep you updated on the progress of your case. They will let you know about any new developments and they will answer your questions. They will also be there to support you through this difficult time.
When you are choosing a DUI attorney, it is important to choose someone who you feel comfortable with. You will be sharing very personal information with your attorney, so it is important to choose someone who you trust. You should also choose an attorney who has experience with DUI cases and who is familiar with the laws in your state.
It is also a good idea to ask about the attorney's fees. Most DUI attorneys charge a flat fee. This means that you will pay one fee for the entire case.
This can be a good option because you will know exactly how much the case will cost you. Other attorneys charge an hourly rate. This means that you will pay the attorney for every hour that they work on your case. This can be a good option if your case is simple. However, if your case is complex, it can be more expensive.
Conclusion
Getting arrested for a first-time DUI is a scary experience. But it is important to remember that you are not alone. Many people get arrested for DUIs every year. And with the help of a good DUI attorney, you can protect your record and your future.
A DUI attorney can do many things to help you. They can review your case to see if there are any legal issues that can be challenged. They can negotiate with the prosecutor to get the charges reduced. They can also help you get into a diversion program or get your record expunged.
If you have been arrested for a first-time DUI, don't wait. Contact a DUI attorney today. The sooner you hire an attorney, the better. An attorney can start working on your case right away and can help you get the best possible outcome.
At Meason & Morris Law, we are dedicated to helping people who have been arrested for a first-time DUI. Our experienced DUI attorneys have a deep understanding of the law and a commitment to our clients. We will work tirelessly to get the best possible outcome for your case.
We will be there for you every step of the way, providing you with the legal advice and the emotional support you need. If you have been arrested for a first-time DUI, contact us today for a consultation. Let us help you protect your record and your future.
Meason & Morris Law is a legal firm led by seasoned attorneys Marty Meason and Chris Morris. We provide a professional experience for all our clients, helping them navigate their legal rights. We focus on Criminal Justice Law (felonies and misdemeanors), Divorce and Family Law, Expungement and Felony Law, Probate Law and also have Trial experience. Serving Washington County, Nowata County, Osage County, Rogers County, Payne County, Pawnee County, and Kay County in Oklahoma.
Meason & Morris Law
515 Delaware Ave
Bartlesville, OK 74003
918-336-6300
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