Disclaimer: The contents of this article should not be taken as legal advice and should only be used as a resource to provide information about the legal considerations you should take when you’re caught drink driving. You should always seek for the services of a lawyer specializing in drinking under the influence (DUI) cases to give you a more in-depth view of this matter.
You’re already used to driving home alone. No matter how late you’ve finished your tasks from your work, you’d always choose to go home rather than spending the night elsewhere – and the same principle applies whenever you’re out with your friends. Even if you’re drunk, you’d still want to drive home, your friends warned you about the dangers of your actions but you but you never listen. Regardless of how many times your friends offered you that they’ll take you home, you’d rather drive your car. Unfortunately, your friends were right, and you were caught drink driving. You were instructed to pull over at the side of the road to undergo a chemical test. Your results showed that you have .08% of blood-alcohol concentration (BAC) so yes, you’re night ended with a driving under the influence (DUI) charge.
If this is your first time to be caught drink driving, you might not know what to do. Your mind might even be filled with thoughts of spending your life in jail and not being able to drive again. But all is not lost as there are still options for you to save yourself from this problem. If you don’t know where and how to start, read below to know about the things you should consider legally when you’re caught drink driving:
What should you do when you’re going to court for drink driving?
Once you’re caught drink driving, you’ll be issued with a charge sheet. This document contains information on how the police officer described your case. This is also the document needed by the magistrate to determine if you were guilty or not guilty of the charge given to you.
- The police officer handling your case can also prove that you’re guilty if they used the right procedure during your breath test. However, you can still challenge their claims by showing that the testing device was not working properly or was not used properly.
What are the possible penalties for drink driving offenses?
Drinking under the influence is a serious offense, and once your breath test determines high alcohol content in your system, you’ll be sanctioned accordingly. Different states across the world have different penalties for this offense, but the most common ones include:
- Losing your license: Yes, even if this is your first time to be caught drink driving, your license will be suspended. If you have other people to drive you around, good but if none, this might mean inconvenience and problems for you in the long run. Most states would suspend your license for 30 days, but this can increase depending on your breath test results. For example, your license can be suspended for ten months if your BAC is at least 0.10% but not less than 0.11%. The higher your BAC is from the legal amount, the longer your license will be suspended.
- Paying for fines and fees: Expect that the entirety of your drink driving offense will cause you money. You need to pay a lot of fines and fees, and all of these are still not a guarantee for you to be free from the offense.
- Treatment for alcoholics: Once the authorities find out that you’re an alcoholic, you’ll be required to undergo treatment (along with the license suspension and payment of fines) before you can get your license back. This can be helpful especially if you want to stray away from drinking but if there’s no feeling of remorse coming from you, this might be an issue.
How can a lawyer help you in this situation?
Problems tend to be lighter once you tap the help of the professionals and with your drink driving offense, acquiring the help of a lawyer specializing in this field is the best way to go. They’re the best persons to ask pieces of advice regarding this matter, and they’ll work to ensure that you get what is legally yours.
- They’re the best person to help you: Of course, you can ask help or pieces of advice from your friends or family who have committed drink driving offenses in the past, but there will always be boundaries to what they know. Or worse, what they know wouldn’t be applicable in your situation considering the variety of state laws out there. To ensure that you’re educated and helped efficiently, hire a lawyer who specialises in drink driving. They have years of experience in the industry, so they’re already familiar with the processes involved in the offense.
- They’ll save you time: Going to court because of a drink driving offense requires rigorous paper works from you. If you don’t have the time and the energy to do these yourself, a lawyer can do it on your behalf.
No one would want to be charged with a criminal case or an offense – and for sure, you’re one of those people. But if you’re caught in this kind of situation or you’ve caused a car accident, you don’t have to fret as certain state laws are there to protect you. You just have to take the time to know all of these legal considerations so you’ll not be deprived of your right. Have you been caught drink driving lately?
Benjamin Washington is a promising young law writer currently writing for Stewart Guss. He hopes to apply his years of study into helping explain legal issues to the public. Benjamin loves cooking and often cooks for his family during weekends.