In most cases, driving under the influence – or DUI – results in an automatic license suspension. A skilled criminal defense attorney can represent you at a hearing before the Department of Motor Vehicles (DMV), advocate for your rights, and argue against a license suspension. Alternatively, your lawyer can seek limited driving privileges so that you can drive to work or school.
Additionally, a DUI conviction can result in serious penalties and collateral consequences. A DUI defense attorney can aggressively represent you throughout your case, raise legal defenses on your behalf, and pursue a case dismissal or favorable plea deal for you.
When Can I be Charged with a DUI?
A DUI charge happens when someone is suspected of operating a vehicle while under the influence of alcohol or drugs. You can be charged with a DUI if a police officer has reason to believe you cannot drive safely due to being under the influence. This can occur if you are swerving on the road, driving too slowly, or failing to obey traffic signals. You may also be stopped at a DUI checkpoint, where officers check drivers for signs of impairment.
If you are stopped, the officer may ask you to perform field sobriety tests, such as walking in a straight line or standing on one leg. They may also use a breathalyzer to measure your blood alcohol content (BAC). In most places, a BAC of 0.08 percent or higher is considered legally impaired. However, you can still be charged with a DUI when your BAC is below this limit if the officer believes you are too impaired to drive.
For the prosecution to obtain a conviction, they need to prove several key elements beyond a reasonable doubt. First, they must show that you were operating the vehicle. This means they need evidence that you were driving or in control of the car. This can include testimony from the officer who stopped you, surveillance footage, or even admissions you made at the scene.
Next, they must prove that you were under the influence of alcohol or drugs at the time you were driving. This is typically done using the results of the field sobriety tests, breathalyzer tests, or blood tests. Testimony from the officer about your behavior, appearance, and performance on the sobriety tests can also be used as evidence.
The prosecution must demonstrate that your ability to drive was impaired by alcohol or drugs. This means showing that your physical or mental faculties were negatively affected to the extent that you could not drive safely. Evidence of erratic driving, poor performance on field sobriety tests, or physical signs of impairment (like slurred speech or bloodshot eyes) can support this.
If the prosecution successfully proves these elements, a conviction can lead to penalties such as fines, license suspension, community service, mandatory alcohol education programs, and even jail time. The severity of the penalties often depends upon factors like your BAC level, whether it’s your first offense, and whether anyone was harmed as a result of your impaired driving.
What are the Possible Administrative and Criminal Penalties for a DUI Charge or Conviction?
If you are charged with a DUI, you can face several types of administrative penalties.
The Department of Motor Vehicles (DMV) handles administrative penalties, and you can receive these penalties even if you are not criminally convicted of DUI. These potential penalties often include:
- License Suspension – If you are arrested for a DUI, your license can be suspended immediately. For a first-time offense, this suspension is typically for a few months, but it can be longer for repeat offenses.
- Ignition Interlock Device (IID) Installation Requirement – In some states, you may be required to install an IID in your car. This device requires you to blow into it before the car starts. If it detects alcohol, the car won’t start.
- Fines and Fees – You may also have to pay various fees to reinstate your license and for DUI classes or programs that the DMV mandates.
Criminal penalties upon conviction come from the court system and can be more severe. They may include:
- Fines – If convicted of a DUI, you will likely have to pay a fine. The amount can vary but is usually several hundred to several thousand dollars. Higher fines are common for repeat offenders or those with very high BAC levels.
- Jail Time – A DUI conviction can also lead to jail time. For a first offense, you may spend a few days in jail. For repeat offenses or DUIs involving accidents or injuries, the jail time can be much longer – potentially lasting several years.
- Probation – Instead of – or in addition to – jail time, you may receive probation. During probation, you must meet certain conditions, like attending DUI education programs and staying out of trouble.
- Community Service – Courts often require DUI offenders to perform community service, which involves working a certain number of hours for a community organization.
- DUI Education Programs – These programs are designed to teach offenders about the dangers of drunk driving and are often mandatory.
- License Revocation – For serious or repeat offenses, your driver’s license can be revoked entirely, meaning that you lose the privilege to drive for an extended period.
What Happens at a DMV Hearing and How Can a Lawyer Help?
After being arrested for a DUI, you will likely face a DMV hearing. This hearing is separate from the criminal court proceedings and focuses on the status of your driver’s license. Here’s what typically happens at a DMV hearing and how a knowledgeable criminal defense attorney can help.
What Happens at a DMV Hearing:
- Scheduling the Hearing – After your arrest, you usually have a limited amount of time to request a DMV hearing. If you don’t request the hearing, your license will automatically be suspended.
- Hearing Notice – Once requested, you will receive a notice with the date, time, and location of your hearing. These hearings are often held over the phone but can also be in person.
- Hearing Process – The DMV hearing is less formal than a court trial, and a DMV hearing officer handles the proceeding instead of a judge. The purpose is to determine if your license should be suspended or revoked based on your DUI arrest.
- Evidence and Testimony – During the hearing, evidence is presented. This can include the police report, results from breathalyzer or blood tests, and your driving record. You and your attorney have the right to challenge this evidence and present your own, including witness testimony.
- Decision – After reviewing the evidence, the hearing officer will make a decision. If they find that there is enough evidence to support the DUI charge, your license will be suspended or revoked. You will be notified of this decision, and you have the right to appeal if you disagree.
How a Knowledgeable Criminal Defense Attorney Can Help:
- Requesting the Hearing – An attorney can ensure that the hearing is requested within the required timeframe to avoid an automatic driver’s license suspension.
- Preparing the Case – A skilled attorney will gather evidence to support your case. This may include obtaining the police report, identifying any errors in the breathalyzer test, and finding witnesses to testify on your behalf.
- Challenging Evidence – Your attorney can challenge the evidence that the DMV presents. For example, your lawyer may question the validity of the breathalyzer test or argue that the officer did not have proper grounds to stop you.
- Representation at the Hearing – An attorney will represent you during the hearing, presenting your case, questioning witnesses, and making legal arguments. Their experience can be crucial in navigating the hearing process effectively.
- Negotiating Penalties – If the evidence against you is strong, an attorney can negotiate for lesser penalties, such as a shorter suspension period or the ability to obtain a restricted license for essential activities like work.
Having a knowledgeable criminal defense attorney can significantly improve your chances at the DMV hearing, helping to protect your driving privileges and ensure a fair process.
Defenses to a DUI Charge
When facing a DUI charge, there are several legal defenses that a knowledgeable criminal defense attorney may use to challenge the prosecution’s case. Here are some of the most common legal defenses:
- Improper Traffic Stop – An officer must have a valid reason to pull you over, such as a traffic violation or erratic driving. If your attorney can show that the stop was made without reasonable suspicion, any evidence gathered during the stop, including BAC results, may be deemed inadmissible in court.
- Inaccurate Field Sobriety Tests – Field sobriety tests, like walking in a straight line or standing on one leg, are subjective, and medical conditions, nerves, or uneven road surfaces can influence the results. If the tests were not conducted properly or if there were other factors affecting your performance, your attorney can argue that the results are unreliable.
- Faulty Breathalyzer or Blood Test – Breathalyzer machines must be properly maintained and calibrated. If there’s evidence that the machine was faulty or not properly calibrated, the results can be challenged. Similarly, blood tests can be questioned if errors occurred in the handling, storage, or analysis of the blood sample.
- Rising BAC Defense – Alcohol takes time to absorb into your bloodstream. Your BAC may have been below the legal limit while you were driving but rose above the limit by the time you were tested. This is known as the “rising BAC” defense. An attorney can use expert testimony to argue that your BAC was within legal limits while you were actually driving.
- Lack of Probable Cause for Arrest – Even if the initial stop was lawful, the officer must have probable cause to believe you were driving under the influence to make an arrest. If your attorney can show that the officer lacked probable cause, the arrest and subsequent evidence may be invalidated.
- Medical Conditions – Certain medical conditions can mimic signs of intoxication. For example, diabetes, hypoglycemia, or neurological conditions can cause slurred speech, unsteady gait, or other symptoms similar to alcohol impairment. An attorney may use medical records and expert testimony to explain these symptoms.
- Miranda Rights Violation – If the police failed to read your Miranda rights after your arrest, any statements you made may be inadmissible in court. Your attorney can argue that your constitutional rights were violated, potentially weakening the prosecution’s case.
These defenses highlight the importance of having a skilled criminal defense attorney who can examine the details of your case, identify weaknesses in the prosecution’s evidence, and provide a strong defense in court.
How Can a Lawyer Help with Your DUI Court Case?
In addition to representing you at a DMV hearing, a skilled criminal defense attorney can represent you at a DUI trial in court. Here are several ways an experienced attorney can assist you during a DUI trial:
- Case Evaluation and Strategy Development – An attorney will start by thoroughly reviewing all of the evidence against you, including police reports, breathalyzer or blood test results, and any witness statements. They will evaluate the strengths and weaknesses of your case and develop a strategy tailored to your specific situation. This may involve identifying legal defenses or negotiating plea deals.
- Challenging Evidence – A good defense attorney knows how to challenge evidence that the prosecution presents. For instance, they may question the accuracy of the breathalyzer or blood tests, argue that the field sobriety tests were improperly administered, or highlight any procedural errors that the police made during your arrest. Successfully challenging key pieces of evidence can significantly weaken the prosecution’s case.
- Cross-Examining Witnesses – During the trial, your attorney will cross-examine the prosecution’s witnesses, including police officers and forensic experts. Effective cross-examination can uncover inconsistencies in their testimonies, question their credibility, and bring to light any biases or mistakes. This can cast doubt on the prosecution’s version of events and support your defense.
- Presenting Your Case – Your attorney will present evidence and arguments on your behalf. This may include calling witnesses to testify in your defense, presenting expert testimony to challenge the prosecution’s evidence, and introducing documents or other materials that support your case. They will also make opening and closing statements that summarize your defense and emphasize the weaknesses in the prosecution’s case.
- Protecting Your Rights – A skilled attorney ensures that your constitutional rights are protected throughout the trial. This includes ensuring that you received proper Miranda warnings, challenging any unlawful searches or seizures, and objecting to improper questioning or evidence. By safeguarding your rights, your attorney helps to ensure a fair trial.
- Negotiating Plea Deals – If the evidence against you is strong, your attorney may negotiate with the prosecution to secure a plea deal. This can result in reduced charges or lighter penalties. A plea deal is sometimes the best option to minimize the overall effect of a DUI charge on your life.
- Advising on Sentencing – If you are convicted, your attorney can advocate for leniency during sentencing. They can present mitigating factors, such as your lack of prior offenses or your efforts to seek treatment for substance abuse, to argue for a reduced sentence.
Having a skilled criminal defense attorney by your side can make a significant difference in the outcome of your DUI court case, helping to protect your rights and achieve the best possible result.
Speak with a Knowledgeable DUI Defense Lawyer Right Away
If you are currently facing a DUI charge, your criminal defense attorney can represent you during all legal proceedings, including your DMV hearing and courtroom trial. Your lawyer will do everything possible to minimize the penalties and collateral consequences you face and achieve the most favorable result in your case.