Arrested for DUI and Need a Lawyer?
How can you make sure your personal and professional life does not suffer after being arrested for DUI or DWI?
Things you can do…
1. Contact a DUI attorney ASAP to make sure your rights are protected. Many excellent DUI attorneys that can offer free consultations 24/7 so you can get good advice right away.
2. Contact your local DMV to arrange a DMV hearing immediately because in most every states your driving privileges will be suspended (you will have 7-15 days in most cases). Without the appeal the DMV will most likely suspend your driving privileges as a part of the administrative ‘Per Se’ law.
Per se law basically says that the DMV can administratively suspend your driving privileges if you are found to be operating a motor vehicle at or above the legal limit of .08% BAC. No evidence of impairment is necessary in this instance. Just by driving the motor vehicle at or above the allowable per se .08 BAC limit allows DMV to suspend or revoke your driving privileges.
3. As soon as possible write down the events of your DUI arrest so you can recall as many details as possible (before you forget). Keep these notes in a safe place so you can discuss them with your the DUI DWI attorney you hire(and do not share this information with anyone else especially the police or law enforcement officers).
4. If you haven’t retained a lawyer by now call some reputable DUI DWI lawyers for a free consultation and find a qualified and experienced DUI DWI attorney you feel comfortable with and can trust.
5. Some of the best DUI DWI lawyers will not need to pressure you into hiring them and will offer as much free information and advice as possible
6. No lawyer can promise they can get charges dismissed (they can get you the best outcome and in some cases that will mean charges will be dismissed). Find an experienced attorney that will give you good legal advice and fight for your rights. See if they can provide you with service that would greatly help you as opposed to simply advising you to plead guilty (which you could do yourself). A guilty plea may be advised after reviewing all the facts, but it’s best to find a law firm that will get you the best outcome possible.
7. The best and most ethical lawyers may tell you how to proceed (in some cases on your own) if they don’t think their services are needed for your specific DUI case. The best lawyers will:
- Give you free advice consultation as well as free resources.
- Give clients personal service and attention
- Be honest, ethical and aggressive in your DUI defense.
- Have years of experience and a proven record handling DUI, DWI and drunk driving defense.
General Information on DUI and DMV auto insurance issues
Many people want to know how a DUI or DWI affect their auto insurance. Here is some general information:
According to the Department of Motor Vehicles, your car insurance will be affected after being convicted of a DUI offense. The offender will be required to carry a specialized high risk insurance policy called an SR-22.The SR-22 is basically an agreement between the auto insurance company and the Department of Motor Vehicles requiring that the insurance company to inform the DMV if for any reason the offender allows a lapse in the auto insurance or it is canceled. If the DMV is notified, your license will be suspended for failing to comply with the SR-22 insurance policy requirement (it is mandatory and some details can vary by state).
If you are charged with a DUI or DWI it is very important to talk to a DUI DWI attorney to help you understand the DUI laws in your state and what you may be facing.First time DUI offenders will face lighter penalties and sentences that someone with repeat offenses (see the charts below).
Arrested for DUI? Sanction and Penalties Possible
Some sanctions against the a person convicted of DUI or DWI are used to stop or limit the ability of the habitual and repeat offender to continue to drive under the influence. The purpose of other sanctions are to treat and rehabilitate offenders.
In the State of New York, the court can order the following:
Fines can range from $500 to $10,000 with mandatory minimums as follows:
- $500 for a 1st offense
- $1000 for a 2nd offense
- $2000 for a 3rd offense
- Jail time – Mandatory minimums: None
- Intensive supervision probation may be available in some local jurisdiction.
- Community service for a 2nd offense may serve as condition of probation.
- Home confinement with electronic monitoring is available in certain counties.
- Victim impact panel is at the discretion of the court.
- Action against the DUI offender’s vehicle. In some felony cases, vehicle are forfeited,, but this is not mandatory.
- Registration suspension is at the discretion of the court.
- Impounding the vehicle or plate seizure: None.
- Other special assessments and/or surcharges: There is a mandatory surcharge:
- Felony offenders $150
- Misdemeanor offenders $85
- $5 crime victim assistance fee for victim restitution
Sanctions that may be ordered by the court or by the DMV or other licensing authority:
Driver’s License
- Suspension and/or Revocation: New York has both mandatory minimums beginning with the 2nd offense. Reinstatement Fee: $75.
- Conditional Licensing: Hardship licenses may be available in some situations. Conditional licenses are available after conviction if:
1. the driver participates in a treatment or rehabilitation program
2. the driver has no previous conditional license within the last 5 years
3. the driver has no prior convictions for a DWI offense within the last 5 years
- An alcohol ignition interlock may be required as a condition of probation.
- Fule lock, autotimer or special plate markings: None in New York.
Rehabilitation Information
- Education Programs: Drunk Driving or DUI School or Program(1st offenders) – 16 hours of classroom instruction, $175.
- Treatment Programs: As part of the Stop-DWI Program, each county sets up its own treatment and rehabilitation approaches.
- Intensive weekend intervention: None
If you or a loved one has been arrested for DUI, find a reputable and experienced DUI lawyer to help you get the best possible outcome.
