Criminal – Misdemeanors
Today, the enforcement and punishment for the offense of DUI is much more serious than in the past. A conviction for a first time DUI carries minimum sentences, including loss of license, jail time, and community service. Each subsequent DUI involves increasingly severe minimum sentences and may involve an ignition interlock device, the surrender of your license plates, and having your picture published in the newspaper.
While the circumstances of each case differ, in general, a police officer must have a reasonable suspicion for stopping your vehicle. The officer must then show probable cause to arrest you for DUI. This may involve roadside field sobriety tests or an officer’s observation of your driving prior to stopping you. After arresting you, the officer will read you Implied Consent warnings, advising you of your rights to a State test of your breath or blood, as well as the option of an independent test of your own choosing. Each of these actions may provide a basis for successfully challenging the charge against you.
It is possible to have your license suspended before even going to court. After the arrest, the officer is supposed to submit a report to the Department of Public Safety indicating the circumstances of your arrest. If you do not request a hearing before the Department of Public Safety within ten days of your arrest, your license will be suspended for at least one (1) year, depending on your driving record. If this occurs, the only way to regain your license is to win the DUI case in court or have the charge reduced to a non-DUI charge.
If you are faced with a DUI charge, contact the attorneys at Deming Law immediately, so we can ensure your rights are protected and your case receives the best possible outcome.