Certain procedures must be followed for the DUI to go through. Especially if this is your first offense, you probably want to do what you can to fight the charges and get them dismissed. For example, if you needed a plumber, you might want to know whether the plumber would do all the work herself or have an inexperienced apprentice doing most of the work. The prosecutor's opinion of the case, and what they're willing to offer you, may change depending on the evidence revealed as part of the pretrial investigation. What You Can Expect If a person is charged and/or convicted of a DUI offense… Consider it part of the punishment. For more Legal advice, including how to choose the best lawyer, read on! If you were detained and charged without probable cause, the police officer’s case against you could be thrown out just as easily as you were charged. If you were driving while intoxicated and there’s strong evidence backing that up—elevated … If you suspect you were randomly pulled over for no apparent reason, then you have grounds for a rebuttal. If you are from Kentucky, it pays to do research on what happens after you get your, If you were detained and charged without probable cause, the police officer’s case against you could be thrown out just as easily as you were charged. https://www.nolo.com/legal-encyclopedia/dealing-with-dui-or-dwi-30322.html, http://dui.drivinglaws.org/resources/minimize-penalties-a-first-dui-offense.htm#, http://www.nolo.com/legal-encyclopedia/finding-private-criminal-defense-attorney.html, http://dui.findlaw.com/dui-laws-resources/hire-a-dui-lawyer.html, https://www.nolo.com/legal-encyclopedia/find-lawyer-how-to-find-attorney-29868.html, http://criminal.findlaw.com/criminal-law-basics/hire-a-criminal-defense-lawyer.html, http://www.nolo.com/legal-encyclopedia/paying-private-criminal-defense-attorney.html, http://blogs.findlaw.com/blotter/2013/04/5-possible-ways-to-get-dui-charges-dismissed.html, http://patrickgriffinlaw.com/dui-center/15-ways-to-beat-a-dui/, consider supporting our work with a contribution to wikiHow. You may also want to ask friends or family for recommendations unless you don't want them to know about your arrest. Also contrary to popular belief, breathalyzers don’t directly measure your blood alcohol level. Now while this is less common on the road, they can still be administered at the police station or hospital. Fees are an important consideration, especially if money is tight. There are two types of revocation: a civil suspension at the time of arrest and a criminal suspension upon conviction. In some countries, if samples were not taken in a timely manner, it could hurt the case against you. In North Carolina, the primary administrative penalty DWI offenders face is license revocation. Keep in mind, however, that it will be their word against the word of a police officer. Laws in some states state that sobriety checkpoints need to be legal, advertised ahead of time, show unbiased judgment, and conducted in a safe environment. Your attorney will discuss this evidence with you. Getting a lawyer is a surefire way to protect yourself is to get a lawyer. Thanks to all authors for creating a page that has been read 36,437 times. First, any driver who is stopped on suspicion of DWI and refuses to submit to a breath testo… One more incredulous but still realistic method to get out of a DUI if to argue radio frequency interference (RFI). Some may be willing to create a payment plan or even lower the total cost. The tests results are not even up to 80% accurate. An arrest for drunk driving triggers two types of proceedings under Indiana DUI law, so there are two penalties for a first offense DUI in Indiana: Penalties Assessed by the Indiana Bureau of Motor Vehicles (BMV): The administrative side of a DUI … However, it does give you room to refute the officer’s claims if no proof was ever given. Your attorney can tell you what classes are required and where you can take them. [2] After all, if you are in the passenger seat, your BAC would be irrelevant. GERD, or Gastroesophageal Reflux Disease will result in heartburn or acid reflux in the person who suffers from it. Since both sides are required to exchange information and evidence, the prosecuting attorney generally will have a good idea of how strong your case looks and your odds of beating the charges. What are the Best Radar Detectors Under 300? The penalties for a first offense DUI in Nebraska include 7-60 days in jail, a $500 fine and a six month license revocation. However, this requires proof on your part. The prosecutor may be more willing to work with you if you show a willingness to admit you have a problem and get help for it. A first-offense DUI is usually a misdemeanor, and many courts hand down a standard sentence. … Getting charged with a DUI can result in the suspension of your license. You Weren’t Driving. When you eventually do decide on hiring a DE drunk driving lawyer to help fight to get out of first offense Delaware DUI charges, most will offer a flat fee, and give you peace of mind by knowing exactly what … Get an attorney. This article was written by Jennifer Mueller, JD. Address: 3298 Breezewood Court, Moundridge, KS 67107 Phone: +1 (203) 768-1089 Email: william@ratedradardetector.org, Home About Us Contact Us Affiliate Disclosure Privacy Policy. You may want to consult with your lawyer for further details on this one as the content is quite technical. X While this defense is less technical and more fact-specific, there are situations … You can beat a DUI charge … Many don’t understand that this means you are pleading guilty, but just to a less serious offense. Generally, police officers do well in a trial. On the other hand, the prosecutor will be more willing to strike a deal if you have a strong case and it appears likely that you could win at trial. When you purchase through links on our site, we may earn a commission. Sometimes, your refusal to cooperate and provide a test specimen could be the reason of your charge. Keep in mind, however, that the best or most affordable attorney for you won't necessarily have a great ad. Have the attorney explain the agreement to you. She received her JD from Indiana University Maurer School of Law in 2006. Along the way, there are many opportunities for you to call into question the accuracy of the procedure. He writes about car accessories, with his passion stemming from a deep enthusiasm for all things automotive. 5 Surprisingly Easy Ways to Organize Your Home and Life. References. You should be able to schedule an initial consultation within a week. It is possible but unlikely. Other medical conditions that may tamper with the test results include: diabetes, ketosis, etc. If you want to get DUI charges dropped, your best bet is to hire an attorney to help you negotiate with the prosecutor. Welcome to RatedRadarDetector. Getting DUI charges dropped can be a challenge, but with evidence, you’ll have the best chance of winning the case. One more incredulous but still realistic method to get out of a DUI if to argue radio frequency interference (RFI). The prosecutor may be more willing to drop the charges if you were just barely over the legal limit than if tests showed you were significantly intoxicated. If you're currently on a strict Atkins-style diet, for example, your body may produce alcohol that the breathalyzer reads incorrectly. If the attorney has an information form for you to fill out, complete and return it as soon as possible. If you are from Kentucky, it pays to do research on what happens after you get your first offense of DUI in KY and how to get out of it. However, upon learning that you have a medical condition that probably interfered with the breathalyzer results, the prosecutor may change their opinion of the case. Fines involved with a first DUI offense are $600-$1,000 for a DUI and $200-$500 for a DWAI. You may have more of a challenge plea bargaining than you would with another type of case. In most states this window is going to be between 7 to 10 days from the date of the arrest … It is referred to as a disconnect when your impairment level and BAC results do not reflect each other. If you really can’t stand to see another ad again, then please consider supporting our work with a contribution to wikiHow. They need to be taken very early on in order for the police to use them as proof in their case. A prosecutor (or judge) may not be convinced by a friend of yours who is contradicting a member of law enforcement. Alternatively, you can also get your DUI dropped to reckless driving. If your DUI charge is based on a field sobriety test, physical conditions may have caused you to appear drunk, even though your driving ability was not impaired. There are a lot of cogs in this machine that could malfunction if you get my drift. [1] That person might not be your best choice. For defending to get out of the first-time DUI arrest charge, if you have no prior criminal record or previous alcohol or drug driving related offenses, it is possible that the judge will suspend your jail sentence. Alternatively, you can also get your. Your attorney will explain to you the consequences of the lesser offense so you can decide whether it is in your best interests to take the deal. By signing up you are agreeing to receive emails according to our privacy policy. There are a lot of hoops for a police officer to jump through to successfully charge you with a DUI/DWI. Include your email address to get a message when this question is answered. Many attorneys who handle DUI cases engage in extensive advertising, which means you might already know a few relevant names. We use cookies to make wikiHow great. 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