The laws on driving impaired have been on the books in all 50 states for years. However, how they are applied can vary considerably. For example, there’s a huge difference between a full driving under the influence felony charge versus a wet reckless misdemeanor charge. That variation can be life-changing, and not for the positive.
Penalties vary from state to state, but they have wide-reaching effects. Unfortunately, due to the commonality of DUI arrests, many treat the matter like a speeding ticket until they end up in court and face the realities of sentencing. That can include serious fines, jail time, and a permanent criminal record. Additionally, the same event can be reported to employers impacting one’s background check as well as resulting in a serious financial setback. So, combined, a DUI charge is a serious matter that needs to be addressed proactively versus waiting for the outcome to happen on its own.
Getting Started After an Arrest
A law enforcement officer has a good amount of discretion to determine if an arrest should be made. When a driver looks to be impaired, and the same is confirmed by a road test, the officer will likely make an arrest and bring the person in for a blood test. Only function and breathing tests are applied on the road. At the station and in processing, the blood alcohol concentration test or BAC will confirm the actual presence of alcohol. If it is above a set state limit, then the officer’s arrest is confirmed and charges are likely. What can confuse the matter, however, is if the suspect has taken medicine, drugs, or something else that triggers impairment. In these cases, any evidence gathered will be used as well to confirm the suspect’s fault. This is where variation can have a big influence on the charges pursued in court.
Escalating Issues
In most states DUI violations are progressive. The first can be serious, but it typically involves a hefty financial penalty, requirement treatment, restricted driving, and community service. The severity of the arrest matters as well. An incident can escalate quickly if the impairment also causes an accident and harm to others.
A big factor that triggers serious, aggressive penalties involves a DUI where the person driving was already on a restricted, suspected, or revoked license. In essence, the person should not have been on the road, or their driving was limited to only necessary travel. So, the fact that he or she is out and impaired when arrested only confirms the risk was very avoidable but for the person’s intentional ignoring of the law. Additionally, if a minor or disabled person is in the car at the same time, the unnecessary risk threatens another life as well. Excessive alcohol presence makes a difference as well, even if the suspect is facing, for example, their first ever driving under the influence in Franklin, TN.
Mitigating Details
There are details that DUI lawyers can assert in court to reduce the possible seriousness of a charge. These conditions center around both the details of the arrest and the defendant’s behavior. They include:
- The BAC test level was barely above the threshold and the suspect tried to cut off before becoming unable to drive by not drinking more, confirmed by witnesses.
- The suspect is taking medicine or treatment that can trigger a test with a false positive.
- The suspect has had a safe driving record with no issues prior to the arrest.
- The suspect is entirely agreeable to treatment and diversion if offered.
These defenses are raised during the trial hearings and criminal trial itself, so it’s critical for representation to raise these issues, especially if a conviction ultimately ends up being applied.
If you’ve been arrested for a DUI, don’t wait for a trial to start defending yourself. Your best solution is to hire a Raleigh criminal lawyer early, right after arrest, to work on the details, discussion with a prosecutor, and the hearings before trial. Given the impact a DUI can have on a person’s life, not obtaining representation would be a serious mistake that could result in unnecessary life disruption, losing a job and even jail time.
