DUI first offense help for how to defeat the charges, consequences, and fine from taking effect is precisely what we provide drivers who contact us in time. You will then know what happens for a first-time offender DUI charge in time to maximize your chances of avoiding jail time, a driving suspension, or using an interlock.
If you have just been arrested for a first offense DUI charge, you may feel as though you don’t know where to turn or what to expect is going to happen next regarding immediate consequences. After these arrests take place, it is very often an upsetting, humiliating, and stressful experience. With the overview of updated legal information below for new laws in 2018, this is where you can see the examples of possibilities available for how to have a 1st offense case thrown out with a DUI dismissed/get license back, and quickly return to your normal life.
A person can literally have the best legal advice available, but if it is not used properly or in enough time for a DUI case early on, it will not be of any help in both fighting the charge or cope with the depression which is common afterwards from worrying of the uncertain future ahead. It is so crucial to realize that a first offender DUI case is not something that anyone can go back and do over again, and once it is over, it's outcome is permanent.
By letting us know certain specifics on your arrest paperwork such as what time the officer wrote down for when they first stopped you and then later tested your BAC, can instantly save your license at the upcoming first hearing. This is because when the smallest technical discrepancies are found on either your arrest papers or police report at this license hearing, you are granted the benefit of the doubt. However, this only works if any clerical errors and other issues are found before this hearing happens, since this is truly a person's one and only shot to keep their license. If these mistakes are found after, even if the criminal case is still pending, it is still too late to matter in getting your license back at that point. Having us take a look at your situation, will only cover your bases so you don't have to rely on any single lawyer you retain for putting your entire fate in their hands.
The prosecution attorney and even some defense lawyers people hire, will often try to intimidate clients to plead guilty on the first court date. They use the threat of fear of greater punishment if they do not take the bad plea deal, just so the prosecutor can score their conviction win, and the defense lawyer gets the case over with minimal effort put forth. To avoid this all too common scenario from occurring, we encourage you to utilize our free help for winning to protect your license and livelihood today.
We understand what is on the line when you are fighting a DUI offense for the first time. This is why we are here to provide free legal assistance to those in need of support and answers for ways to defeat failed BAC test results evidence, so a person's money is never wasted on any lawyer they may end up retaining to fight their case.
- How You Can Get A First DUI Offense Thrown Out
- Further Expense & License Punishment for a 1st Offense Alcohol or Drug DUI
- Why Challenging the Case in Court is Usually the Best Legal Option
- Why Pleading Not Guilty is so Important for First Time Offenders
- Plea to a Reckless Driving Offense or Getting a Restricted License
Our national team of DUI and DWI law specialists have been assisting those arrested, fight 1st offender charges and get immediate answers online for free about their specific case, while learning exactly how much it will cost. This way every driver who contacts us will know what to expect and which alternate solutions to quickly clear a case may be available, before ever spending money too quickly on any lawyer they may be uncertain about hiring. Understanding what happens with a DUI first offense misdemeanor is essential to knowing all of your options to stop a suspended license, Ignition Interlock, and expensive penalties from ever taking effect.
Did the police read you your rights before taking the BAC tests? If not, this is just another one of many details how our online arrest review can help you right now in realizing what a lawyer should be doing for fighting your case, before your next court date. How soon a person acts on using their best defense strategy, will make all the difference for the odds of getting charges cleared to prevent the punishment and fines from accumulating any worse.
Before a pending case begins to proceed forward and a lawyer is hired, a person is eager to know what happens for your first DUI offense with questions such as "will I get probation?" Some people wonder if they should even hire an attorney for a first DUI offense. There are some initial tips about retaining defense attorneys to be aware of which can help make the ordeal easier, as well as not just increasing the chances of getting probation, but to not be convicted of any charges at all.
A person should never consider entering a guilty plea to a 1st time DUI without talking to us first for help. This is because pleading guilty too quickly just to end a case faster, will not only still bring expensive and serious consequences, but any related arrest in the future will have you fighting the 2nd time as a repeat offender which is truly devastating if you get convicted under today's laws.
It is worth noting so a person is not overwhelmed online when searching for legal assistance, the best attorneys don't rely much on paid internet ads to drive their business. They build their success on proven case wins and reputation.
This is the reason why nearly all the top-rated reputable lawyers nearest a person's location, are located within the more vetted regular search results. These most established DUI firms are typically all categorically grouped within the first two pages of normal search listings, and not so much in any of the paid advertisements hovering above and below them.
As a rule of thumb, it's best to ignore ads when dealing with such an important legal matter which needs immediate attention from recognized authority in order to be successful in clearing it. With so many lawyers making false promises to desperately get your money, it can be confusing to select the best help for your situation. Our results speak for themselves, and our service is always free.
It is crucial to learn ahead of time if case clearing options apply to throw out the offense quickly, or alternately establish the best solution to get the charges downgraded as it relates to your own specific arrest scenario.
Many drivers ask us questions about "what are the minimum penalties when a person gets their first DUI?" As recent studies have once again proven about what the strictest and most lenient states on DUI all have in common, even this one-time conviction will have high costs and penalties involved unless it can be avoided and won in court.
It is also important to understand that new laws for a first offense are being passed often, such as now requiring an Ignition Interlock device in most states for first-time offenders. Therefore knowing what to do next for the how serious this charge is and can negatively affect your life, is essential in taking action quickly when fighting to drop the 1st offense criminal charges you’re facing.
It is important to be fully aware of what punishments and fees to expect will begin first after getting arrested for DUI where you live. This is a crucial reason why you should always consult with a lawyer as soon as possible, which can be done online quickly and free without any obligation through this site. Top local attorneys nearest your location have considerable experience in defending clients and providing options what to do in ways to fight and beat a first-time offender drunk or drugged driving case. Simply fill out the free online arrest review form to find out the best possible course of action for your situation based on what took place.
Additionally, by having your arrest specifics professionally examined through us online, we can help you find out how much a first offense DUI will cost to fight based upon your own unique case factors. This assessment includes what to expect the monetary penalty to be if you get convicted or enter a guilty plea for a 1st time offender arrest charge.
Whether it is for a misdemeanor or felony violation of the law, finding ways of how to be victorious challenging a DUI or DWI first offense, or any type of criminal case for that matter, will always be based on a person’s arrest analysis.
Since there are many legal strategies that can be used to defeat first offense arrest charges for driving under the influence, please use the subject navigation above for the most popular topics that may pertain to your situation or concerns. Once you are ready, please take advantage of having your arrest details reviewed online free through us to discuss your best options and costs to expect based on your own personal ordeal.
Know How You Can Get a First DUI Offense Thrown Out
Technically, there are no set number of legal ways to win a DUI case. When charged with DUI offense for the first time, a driver merely needs to convince the presiding judge that there is sufficient 'reasonable doubt' that they were operating a vehicle while intoxicated. The burden is always on the prosecution attorney to prove someone was under the influence of alcohol or drugs beyond a reasonable doubt. Our primary goal through reviewing an arrest online is to show a person how to demonstrate or create a reasonable doubt in the judge’s mind at their court hearing, and get the case thrown out quickly.
There are many ways which this can be accomplished. One such example, is once we know a driver's own particular situation, we are able to prepare people with customized methods to successfully challenge and cross-examine the arresting police officer that they were mistaken, and/or exaggerating to wrongly charge them with this offense in the first place. Moreover, we will point out certain important arrest details with ways to dispute any "bad driving" factors the officer noted such as swerving or crossing a line in the road, which could rationally be explained as being within the range of the driving behavior of a sober person based upon the circumstances. For example, a car accident in itself does not prove anything regarding whether a individual’s ability to operate their vehicle was due to intoxicating substances such as drugs or alcohol. Also, many accidents can easily inflict concussion symptoms, which are almost identical to signs of driving under the influence. In fact, many DUI-related cases that involve car accidents are won in this manner.
Slurring of words can often be caused by factors such as fatigue, an existing speech impediment (a person may typically always speak in such a way), or simply by being nervous when the driver has been unexpectedly been stopped by a police officer. The arresting officer is usually never aware of how a driver normally talks, and therefore has absolutely no baseline to go by when they make certain assumptions in claiming that the individual was ‘mumbling’ or 'slurring' their words. The speech pattern of how a person speaks could easily be their normal manner of talking.
Police officers will normally put in their report that they detected common signs of intoxication on a driver such as the odor of alcohol or Marijuana. Any possible smell of alcohol by itself is essentially meaningless, since it only indicates that a person may have consumed an alcoholic beverage. This does not at all automatically mean someone is under the influence. Similarly, bloodshot eyes could be caused by variety of other factors such as dry eyes, allergies, or being tired, which are totally unrelated to consuming alcohol or smoking weed. There may also be valid medical explanations for coordination and balancing problems. For example, some people might be unsteady on their feet, simply because of the nervousness when suddenly being subjected to roadside sobriety tests by uniformed police officers at night. There are many other plausible explanations for signs of DUI that are false. This is why the specifics of each person's own arrest situation is so vital for establishing the right defense, since each case is so vastly different as to how the charge happened.
An arrested driver can also call their own witnesses who will testify that the accused was sober and not intoxicated beforehand or during the time of driving . This defense evidence of a good witness could also create a reasonable doubt. Additionally, this other person's account of a driver, could also cast great doubt on the credibility of the report by the arresting police officer. Assuming that the witness verifies that a driver was sober at the time of operating a vehicle, a judge is likely to seriously take into account this individual's testimony. In most cases, it is not difficult to create a reasonable doubt with this scenario. Both an average citizen and a police officer are entitled to provide their opinion as to whether or not a driver’s ability to operate a car was impacted by alcohol or drugs at the time he or she drove their vehicle. The police officer’s opinion is not entitled to hold any greater weight than that of a normal witness account of what took place.
Most police departments in every state now videotape the breath testing and booking procedure at the local police station. Some video of the traffic stop and subsequent arrest may also be recorded on a dash or police officer's body-cam. It is vital that any lawyer a person hires for defense, orders any video footage as part of the evidence disclosure process. After an online arrest review with us, we are often able to show a person how to use the video to their advantage. This can be done by disputing the officer's interpretation of the footage, when we can provide ways to emphasize the areas which display a person was sober at the time of driving. It will then be difficult for the court to accept a police officer’s report which said that a person was exhibiting signs of DUI, when we can give an arrested driver the legal counterpoints needed to prove how the video clearly demonstrates otherwise.
These aforementioned defense scenarios are only some of the ways to defeat a case soon after an arrest has happened. This is also why in order to save a driver's license in time, a person must know what to expect for the new punishments that take effect soon after a 1st offense misdemeanor charge. The chances of getting a one-time DUI dismissed with the case thrown out is always greatest during the short window of time after an arrest happens.
Further Expense & License Punishment to Expect for a 1st Offense Alcohol or Drug DUI
Over the last decade, the cost of the fine, legal fees, and consequences ordered both before and after a guilty verdict have gone up drastically for 1st DUI convictions nationwide. As an example, the length of time period for a driver’s license suspension has risen from 6 months to 2 years on average, and the minimum court fine is higher starting at $1,100 to $1,350 in most states.
Additionally, convicted drivers must take part in a drug and alcohol education DUI classes, costing another $350 or more. The purpose of the court ordering a person to complete these mandatory hours of classes, is to reduce the chances of a repeat occurrence from taking place again in the future.
Aside from these fixed court costs, a conviction for even a single DUI charge has a considerable impact on one’s auto insurance rates, which may increase by nearly 400% the first year alone: that translates to an average extra expense of $3,000 for annual payments. People may not realize just how serious the financial consequences of an arrest for this offense can be for a driver.
Dealing with the after-effects if found guilty is far more than just paying the court fine, there are also the many disadvantages that a conviction entails. This generally begins with a minimum one-year license suspension time, to a lifetime criminal record, to not being allowed to travel outside the country.
It’s also important to point out that, under the current law, first-time DUI & DWI offenders will have to use an ignition interlock on any car they drive, which does extend to any vehicle used for work purposes as well.
These inconveniences are compounded by expenses of having to obtain a new license once you are allowed to drive again by the DMV, and paying for the hours set by the court of having to complete DUI classes.
Plead Not Guilty: Why Challenging the Case in Court is Usually the Best Legal Option
It is understandably intimidating to be told that a breath test device has registered you as over the legal BAC limit. Every day people come to us and say “why should I bother fighting it – the machine said I’m guilty.”
Where many drivers plead guilty without seeking out all their legal options, we know that there are never any limited number of ways that a DUI or DWI prosecution can fall apart. Our job is to try and find those important details within a person's arrest to create a game plan that has the best chance to win in court.
In every state of the country, the local court prosecution attorneys have policies that direct them to typically be overzealous when prosecuting these kinds of intoxicated driving offenses. Of course driving under the influence of alcohol or drugs is dangerous and it should be taken seriously. Over the past few decades in particular, damage and injury from DUI-related cases has decreased due to better public awareness. Whereas decades ago this transgression wasn’t seen as such a big deal, everybody today knows not to do this or expect big consequences to happen if found guilty.
What is often unfair with these arrests, is first offenders who have made a “one-time” error in judgment are effectively treated the same as someone who may be a higher risk and true public danger. For example, people who sleep in their car to avoid driving home, are prosecuted as vigorously as drivers who get into car accidents as a result of operating a vehicle while intoxicated with drugs or alcohol. Individuals who blow just slightly over the legal limit of .08 BAC, are going to usually be prosecuted with the same level of intensity as people who blow 2 or 3 times the legal alcohol limit.
The takeaway from this is, if you have been charged with any type of DUI misdemeanor, the prosecutor attorney wants you to be found guilty and to receive a lifetime criminal record of the offense.
Why Pleading Not Guilty is so Important for First Time Offenders
An ineffective defense lawyer who pushes clients to take a quick guilty plea deal with no prior criminal record is unfair and unreasonable in most cases. This is because if you plead guilty without even putting up a legal fight to the offense:
- You are going to have a permanent criminal background record 100% of the time;
- You will lose your license for at least 1 year on average (or have to drive with an ignition interlock device installed on any car you operate);
- You are guaranteed to endure serious consequences from the plea such as insurance rate increases, and thousands of dollars of court fines, legal fee surcharges and related costs.
However, if you enter a plea of not guilty and fight the transgression in court, none of these negative consequences are guaranteed, even if at first glance your case appears weak. The fact is that a lawyer who knows DUI law in your local court jurisdiction will almost always be able to find some way of giving you a true fighting chance to win. Or at the very least, they can significantly get your charges lowered to something far less serious and long-term. The added benefit to this outcome is, unlike a DUI, a lower misdemeanor can later get cleared entirely from your record.
This field of law has evolved in recent years to become highly technical. The police collect your own body's chemicals (your breath and sometimes blood or urine) without a warrant, and then they use this as evidence against you in court.
Since a driver has many rights they are most often not even aware of, these are not things to be taken lightly. The police have to follow the arrest and testing protocol the current law imposes, just as how they want you to follow the law when operating a vehicle. When officers don’t follow all the rules properly, the evidence they collect (such as BAC or drug tests) can be thrown out if the right facts are found and defenses to challenge them are made in enough time early on with a case.
Some examples of defenses which this can apply are when:
- We find details within an arrest specifics that casts doubt on whether the police have convincingly proven that you were driving;
- We analyze certain facts on the chances of whether or not the prosecutor can prove that you were legally intoxicated beyond a reasonable doubt;
- The police did not follow the rules about what they are supposed to do, and/or the proper timing when they allowed to subject a driver to tests;
- A Breathalyzer demand was improper;
- Where a roadside breath sample was illegally collected;
- Where a blood test draw at the police station or hospital was illegally administered under current law for chemical testing procedure;
- When there has been an unreasonable delay in the time of bringing your own pending case to court;
- When the arresting officer or their key witness does not appear in court, and the prosecuting attorney does not get a continuation, or the prosecution key witness makes a critical mistake in their details of events;
- Other defenses that are found based specifically within a person's own arrest circumstances.
DUI Case Examples When People Plead Guilty
In some rare cases, another lawyer may recommend pleading guilty. A couple examples of these scenarios could include when:
- A driver has a prior DUI-related conviction and the attorney is able to negotiate so the mandatory jail time requirement won't happen;
- The current DUI charge involved serious harm to another person, or resulted in extensive property damage.
If you plead guilty to any drinking or drugged driving offense, this means you will have a criminal record for life that can be seen in any future background searches. You will also receive an average minimum fine of $1,200.00 or more.
Plea to a Reckless Driving Offense or Getting a Restricted License
It is not at all uncommon for many people to ask us questions regarding if they should plead guilty to a lower misdemeanor offense like reckless driving, in order to get a restricted license or try and avoid the more serious repercussions of a DUI or DWI-related offense.
The specialist DUI lawyers who review arrests online with us have had a lot of success negotiating this outcome. However, it is important to mention that such a plea reduction request is almost always refused by the prosecution attorney at first. It is only through a winning defense attorney utilizing their inside legal leverage, and being able to establish a strong defense early on by assessing the arrest specifics, does the reckless driving plea ever have a chance at happening in court today under the new laws.
We have resolved numerous cases in getting a first DUI abated to a diminished traffic offense, and having charges get dismissed entirely at their court date.
To discuss which legal options will apply to your own specific situation, please let us review your arrest to directly inform you of all your true defenses available. This is the best way how to combat a DUI early on and prevail in court.
Additional resources on the consequences and risks associated with a DUI offense: