There are legal rules, practical rules and exceptions. Legal rules: DUI cases can generally be divided in two different categories. There is a misdemeanor and there is a felony. A misdemeanor case is normally going to take around three to six months to be completed.
Consider hiring a DUI lawyer when: 1 This is NOT your first DWI arrest. 2 Someone is injured or killed as a result of your DUI. 3 You believe that you're not guilty. 4 You think you can reduce your charges from DWI to reckless driving. 5 You're a commercial driver (e.g. truck driver, delivery person, bus driver, etc.).
The jury will either come to a unanimous verdict on your DUI charges or if their decision is split, a retrial or mistrial. If a mistrial is declared, the charges against you will be dismissed. If you plead guilty or are found to be guilty by a jury, a judge will decide your sentence of punishment.
The simplest DUI case is set for at least five court dates and most are set for eight or more. In my view, the only time a client should be in court is for something truly important. Court appearances that waste their time and cost them money should be avoided. My office does as much of the work for my clients as we can.
It usually takes 20-40 days from the date of your arrest before a misdemeanor DWI case is filed and you are issued a court date. A felony DWI must be presented to a grand jury. Therefore, the felony process is much longer. It can be several months before you are indicted and issued a court date.
A first offense DUI conviction can result in a six month suspension of a driver's license throughout every California county court and CA DMV. Not only does a first DUI come with a hefty fine, there will be an ignition interlock device installation required, and still could have substantial jail time included.
According to Florida Statue 316.193, a DUI conviction cannot be expunged or sealed. Once you have a conviction it will remain on your record for 75 years. This is much longer than an individual typically remains driving–in theory a DUI will stay on your record forever.
The court will also read the full charges against you, but if you have a lawyer your lawyer will typically ask to waive this in order to save time. You will also be read your rights, including the right to a lawyer and the right not to incriminate yourself. In some cases, the arraignment will also determine bail.
A court conviction for a first-time DUI in California automatically triggers a six-month license suspension pursuant to Vehicle Code 13352(a)(1). A Judge, however, does not impose this suspension. Instead, upon your conviction, the court notifies the DMV and the DMV imposes the suspension.
For a first-offense DUI in California, consequences for conviction generally include three years of informal probation, fines of $390 plus “penalty assessments” (totally approximately $2000, and completing a first offender alcohol program that consists of a 30-hour class, at a cost of about $500.
A DUI in Florida can affect insurance for up to 10 years, depending on how far back the insurance company looks in a driver's motor vehicle record. Most insurers look back at the past 3-5 years of a driver's motor vehicle record when calculating premiums, but some look even further for major violations like DUI.
Florida DUI Information The following information applies to those with their first conviction. Fines: If this is your first conviction, your fine will be between $500–$2,000. If your blood alcohol level is . 15 or higher, or you have a minor in the vehicle, the fine will be between $2,000–$4,000.
In Florida, DUI records cannot be sealed or expunged. However, you may be able to plead to a lesser charge, and prosecutors may reduce your DUI charge to a reckless driving charge. Then, you could possibly have the reckless driving charge expunged or get your records sealed.
* How much does a DUI cost? California DUI fines range from $390 to $5,000 plus penalty assessments & fees that can raise the total cost to $18,000, depending on your DUI charge. DUI with injury or property damage may also require you to pay injured parties.
Minimum 180 days jail time (6 months), maximum 1 year or 16 months in state prison. DUI can be tried as a felony if you killed or severely injured someone, or if you have numerous repeat offenses. Felony DUI carries 1 to 5 years in state prison.
How to Get Your DUI Charge in California DismissedComplete Your Probation.Follow All the Requirements.Claim That it was an Unreasonable Traffic Stop.Check for False Sobriety Tests.Prove That they Violated the Breath Test Procedure.Show Suppressed Blood Tests.
The different stages of a DUI trial consist of: Choosing a jury. The court will interview a number of people, then allow the defense (your lawyer) and prosecution to exclude certain jurors who they believe to be unfit for the case. Opening statements from your attorney and the state prosecutor.
If you plead guilty, the judge will decide your punishment and you will not have to return afterwards. However, if you decide to plead not guilty, then you will need to return to court for a preliminary hearing and trial. In this case, you will probably need to hire a DUI attorney to represent you.
if you'd try to flee). If you can't afford to pay the set bail amount, you or your loved ones have the option of going through a bail bond agency.
For example, a police officer might initially pull you over for running a stop sign, driving with a broken tail light, or having expired registration.
Probable cause situations that might lead to a DUI include: Empty beer bottles on the floor of your car. A strong smell of alcohol (or other illegal substances) coming from your vehicle. Slurred speech and questionable movements.
At the end of the preliminary hearing, the judge will either dismiss your case (so you don't have to go to trial) or send it to trial for a jury to decide upon.
When you arrive at the police station the law enforcement officers will gather personal information from you. This process includes:
Now, there is one caveat to the timeline: a misdemeanor DUI case generally takes about three to six months for rural and suburban counties in Florida. If you’re near a very large population center, an urban area like Miami-Dade, Orlando, Tampa, Jacksonville, places like that, that’s when you start seeing DUI cases on the misdemeanor level last for up to a year or more. However, in rural suburban counties, that’s very rare and that’s not exclusive because each county is different and each judge is different.
With a felony case, the speedy trial rule is 175 days, or six months roughly. However, felony cases generally take five to seven months to resolve. In bigger population centers, they can take far longer than a misdemeanor DUI, around two years. Again, it is completely different in urban counties. You have so many divisions in the larger counties, especially like Miami-Dade, that you have to break it down to individual judges, in particular county court and circuit court divisions in order to get an accurate timeline.
Generally, although the speedy trial will take 90 days, clients are asked to sign a waiver of speedy trial so that if a continuance is needed to get additional information, then the attorney won’t have to have a hearing and go to court. Moreover, the client doesn’t have to take off from work, go to court and sit around all day just to hear their attorney speak for about five seconds on an uncontested continuance; it’s a waste of everybody’s time. A smart attorney will try and make the whole process as less of a burden as possible for the client. The simplest DUI case is set for at least five court dates and most are set for eight or more. In my view, the only time a client should be in court is for something truly important. Court appearances that waste their time and cost them money should be avoided.
A misdemeanor case is normally going to take around three to six months to be completed. The speedy trial rule means that the case should be resolved in 90 days or less. The reality is, when a notice of discovery is filed, you usually do not get all of the information the state is obligated to provide. This very common problem is usually because law enforcement officers do not usually send everything to the state attorney’s office. As a result, cases get continued.
Legal rules: DUI cases can generally be divided in two different categories. There is a misdemeanor and there is a felony.
Brian Frees: The citation that you’ve received says that you must hear or contact the court, between 5 and 14 days. At that time they will schedule what would be called an arraignment, if you are representing yourself at an arraignment, that’s when you are advised of the charges that were filed against you, and given your opportunity ...
The Deck is Stacked Against the Defendant in a DUI Case But There are Winnable DUI Cases As Well
After your DUI test (s) have been completed (or refused), you will be booked and released. Depending on the facts of your case and criminal history, you may get released on bail or on a written promise to appear in court on your assigned court date. Often the police will hold you in a jail cell for several hours after your DUI arrest before releasing you.
Breath test readings are immediately available. Blood samples get sent to a laboratory for analysis, so the results usually take at least several days.
In the event that you either plead guilty to a DUI (or another reduced charge) or are convicted by a jury, the judge will sentence you to California DUI penalties --the final phase in the California DUI court process. The consequences of a California DUI vary a great deal, depending on.
The pre-trial phase of the California DUI court process typically lasts the longest--anywhere from weeks to months.
Regardless of how the DUI investigation began, DUI officers write it up the same way. The officer will report that upon speaking with you , he/she observed 1) the “odor of an alcoholic beverage emitting from your breath”, and 2) that you displayed “objective signs of intoxication” (such as red bloodshot eyes, slurred speech and a flushed face).
You will be pulled over for a traffic violation, You will be pulled over because of something relating to your car (for example, your headlight was burnt out), or. You had an accident, and law enforcement was called to the scene . Regardless of how the DUI investigation began, DUI officers write it up the same way.
Blood samples get sent to a laboratory for analysis, so the results usually take at least several days . If you take a breath test that reveals a blood alcohol concentration (BAC) or 0.08% or higher, you will additionally be charged with California Vehicle Code 23152 (b) VC (driving with a BAC of .08 or higher). 2.
Consider hiring a DUI lawyer when: 1 This is NOT your first DWI arrest. 2 Someone is injured or killed as a result of your DUI. 3 You believe that you're not guilty. 4 You think you can reduce your charges from DWI to reckless driving. 5 You're a commercial driver (e.g. truck driver, delivery person, bus driver, etc.).
An experienced DUI attorney can analyze your case, and determine whether or not you can pursue having the charges against you dropped.
If your blood alcohol concentration (BAC) reads close to the legal limit, your DUI attorney might be able to argue that there's a possibility the Breathalyzer was incorrect and your DUI charges could be reduced to “reckless driving" .
Hiring a DUI lawyer might also help in having your sentence reduced, should you plead or be found guilty. For example, your attorney can set up a deal in which you'd agree to plead guilty, only because your punishment for the DUI would be reduced. Some situations in which this would be a good route to take include:
In the cases listed above, you will most likely serve some form of jail time, have your license suspended, and/or have to pay a hefty fine.
Lengthy DUI program attendance. You will most likely be put on probation to compensate for the wet reckless charge. Despite the reduced punishments, your car insurance company will still see a wet reckless as a DUI/DWI arrest and adjust your premium accordingly.
You will be arraigned within hours or days of being brought into custody, and you may or may not proceed to sentencing at that time. If you plead not guilty at your arraignment (which you should in order to get a chance to mount a defense or explore a plea deal), you will need to go to court for at least one pretrial, possibly a hearing for decisions on motions filed in relation to your case, as well as a trial if no resolution is reached.
What you say and do in a courtroom determines the course of the rest of your life. Your attorney will advise you on how to speak and act in ways that increase your odds of leaving as a free person.
Once imposed, an ALS typically remains in effect for three months to a year. Worse, it remains in effect until a judge lifts it even if the DUI case is dismissed before the statutory ALS period expires.
The First Plea Deal Offered by the Prosecutor is Probably Not the Best You Can Expect. Expanding on that last point, “winning” a DUI case is not always possible. In fact, never trust a lawyer who guarantees you will be acquitted or have your case dismissed. The best any lawyer can promise is to work hard on your behalf.
An experienced Columbus DUI defense lawyer will know how to quickly and successfully appeal an ALS. Making use of this service will be especially important for a commercial truck or delivery driver because getting your CDL suspended usually means getting fired.
DUI cases are complicated. You can make this complex ity work for you, but doing that will be much easier when you partner with a Columbus DUI lawyer whose only job is to achieve the best outcome for you.
Driving Under the Influence is a Criminal Offense. You should hire an attorney for a DUI case because doing so gives you your best chance of not spending time in jail, not having your driver’s license suspended, and/or not paying several thousand dollars in fines and fees. Also, in most states, a DUI conviction will remain on your record for life.