For most people, a driving under the influence charge is a simple error of judgment. However, the repercussions of being found guilty of DUI can be out of all proportion to this small mistake. The charge and penalty for a first-time offense may seem insignificant. They are not. A conviction has the potential to impact all areas of your life. If it is a second or subsequent offense, things can get serious very quickly. DUI defense lawyers provide a critical service to those charged with a DUI. If you are charged in Mechanicsburg, PA, make sure you hire an expert with local knowledge.
Typically, first-time offenders may be looking at a fine of around $300 and the loss of their driver’s license for a year. However, if the court perceives there are any elements relating to the offense that are serious or could have endangered public safety, there are a whole range of possible penalties that could be imposed.
These penalties include:
A DUI is often considered a misdemeanor offense, with the circumstances and manner of driving taken into account at sentencing; however, if there are aggravating features relating to the offense, a person may be charged with the felony offense of aggravated DUI.
Some examples of features that are considered aggravating include:
A charge of aggravated DUI will typically result in a much harsher penalty being imposed by the court. A charge can be upgraded or downgraded at any stage in the court proceeding. Additional charges can also be added. A qualified defense attorney familiar with DUI cases is the key to ensuring the charges faced and the sentence imposed are the lowest possible.
There are three possible outcomes to a DUI charge: the prosecutor withdraws the case, a negotiated plea is entered by agreement to a lesser charge, or the defendant is found guilty. The likelihood of the first two of these outcomes increases considerably if the defendant has an attorney acting on their behalf. A DUI attorney is familiar with all aspects of DUI law and can create a persuasive argument as to why the charges should be withdrawn or reduced. Most defendants do not possess the expert knowledge needed to make these arguments.
DUI’s are the bread and butter of many local media publications. The higher a person’s standing in the community, the more likely the offense will be reported by the media. The resulting feelings of shame and embarrassment can have a long-term negative impact on a person’s mental and physical health.
DUI lawyers have specialist knowledge and can identify any elements of the police stop or the testing procedures that may have been unlawful. If anything is even slightly amiss, they can file a motion to suppress evidence, and, in some instances, the defendant’s name. This will limit the publicity and preserve the reputation of the defendant, at least in the short-term.
Many jobs require an employee to have a valid driver’s license and undertake driving as part of their role. The suspension or, in some instances, revocation of a person’s driver’s license due to a DUI is likely to result in the termination of employment.
In a number of jurisdictions, a restricted or hardship license is available. If granted, these licenses allow a person to drive in the circumstances prescribed within the license. This could include driving at specific times or routes that are part of the person’s employment. A qualified defense attorney is fully versed in all aspects of applying and obtaining these licenses, which are the key to minimizing the impact a conviction may have.
The sentence imposed by the court is only part of the story. A conviction for DUI will often carry with it many other unforeseen consequences. Some of these consequences may not be immediately apparent but may have a devastating impact on the convicted person, sometimes several years after the fact.
Background checks are becoming increasingly common in all aspects of life. They are commonly completed when applying for finance, seeking employment, and in some instances, when applying to college or for scholarships. A DUI conviction has the potential to derail any of these applications and more.
Many jobs require a “good moral standing” to be maintained by the employee. This is also a condition of most professional licenses. These licenses are required to work in specific areas. A DUI conviction may be viewed as evidence to the contrary and could result in the termination of employment or the loss of licensure.
The character of the parties is one of the key factors in determining credibility in court proceedings. In jurisdictions like the family court, the existence of prior convictions involving alcohol or drugs can be a definitive factor in determining custody and guardianship.
Sometimes a conviction is an unavoidable reality. In those cases, the circumstances of the offense must be portrayed in the best light possible. A qualified lawyer specializing in DUIs is the key to minimizing the penalty and ensuring that the circumstances of the offense are recorded in a way that can minimize the impact in any of the aforementioned areas.
Lawyers specializing in DUI offenses are well versed in the factors that the court and community at large accept as mitigating. If a conviction is unavoidable, it is their job to present these mitigating factors to the court in a persuasive manner to limit the impact a conviction may carry.
There are any number of factors that can determine if a person is convicted of the offense and, if so, the penalty imposed. One of these factors is the jurisdiction in which the charge is laid. Each jurisdiction has its own idiosyncrasies that can influence the outcome of a DUI and the sentence imposed.
Legal representation from a local attorney who regularly appears in the local courts before local judges should not be underestimated. The value of having a lawyer that can tailor arguments to local practices can be a definitive factor in not only whether a conviction is entered, but in what sentence received. These lawyers’ collegial relationship with the police and prosecution is essential, especially when a plea is being discussed.
Make no mistake: the consequences of a conviction can be life-changing. Call the team at Jameson Stone if you are facing a DUI charge in Mechanicsburg, PA. Let us help you get the best possible outcome.