Have you or a family member been arrested for a 1st time DUI? If so, you are probably reeling a bit from the possible penalties that might be in your future, but you are also probably wondering if there is any way the charges can be dismissed.
First Time DUI
In order to deter first time DUI offenders from becoming repeat second and third offenders, many states have enacted tough laws with serious penalties even for first time offenders. Just because this may be your first DUI offense does not lessen its seriousness or complexity, and there are many compelling reasons (called penalties) to hire an attorney to defend you and attempt to get the charges reduced.
Penalties
One penalty that you might have already received (depending on the state you live in) if you were arrested for DUI is having your license administratively suspended on the spot upon failing a breathalyzer test or even refusing to take one. The District of Columbia and 41 states have administrative license laws which allow your license to be taken away even before you have your day in court.
- Florida, Iowa, Oklahoma, Oregon, New Hampshire and West Virginia are among the states that suspend a driver's license for up to 6 months immediately upon testing positive for a Blood Alcohol Content of .8 or higher
- Wyoming, Vermont, Ohio. Texas and Utah are several of the states that administratively suspend licenses for up to 90 days for first time DUI
Other penalties that a first time DUI offender may receive if convicted include jail time, fines, mandatory participation in a DUI School or drunk driving awareness program and possibly even installation of an ignition interlock device if there were aggravating circumstances surrounding the arrest.
Defending for Dismissal
Your defense attorney will defend you by countering each of the basic arguments that are likely to be made by the prosecution:
- Chemical blood alcohol test results
- Field Sobriety test results
- Driving Pattern
- Your appearance and mannerisms at the time of the arrest
In order to raise a question of reasonable doubt regarding the validity (and admissibility as evidence) of chemical blood alcohol tests, your attorney will ask to have the maintenance records of the machine used to test you examined, will question the certification or licensing of the person who administered the test, and whether the test was performed correctly and ultimately provided an accurate reporting of your blood alcohol level at the time of the arrest.
- Similarly, results of field sobriety testing can be defended against by pointing out that a completely sober person who is nervous could fail a field sobriety test and they can question whether there is really any connection between passing a physical agility test and the ability to safely drive.
- Law enforcement will have noted aberrations in your driving pattern on your arrest record, but a good defense attorney may be able to shift the focus to all of the things you did right while you were driving, and also argue successfully that a sober person could have made the same error you may have made while driving
- Your appearance and mannerisms at the time of the arrest could be attributed to something other than alcohol impairment. Being drunk is not the only thing that causes bloodshot eyes, nor is it the only reason your speech may sound slurred.
Get Legal Help
As stated earlier, state laws provide harsh penalties for first time DUI offenders. Contact an experienced criminal defense attorney as soon as possible after your arrest. You may be able to have your charges dismissed, or receive an acquittal instead of a conviction if you have an attorney on your side representing your interests and protecting your rights.
