They can ensure you keep your license by arguing that you are not guilty of the crime or that there was an issue with the way you were stopped. As a result, you are much less likely to lose your job and suffer the financial and social consequences of not having a driver’s license. Today, let’s have a look at what situations put your license at risk and how your attorney can lay out your case in a way that proves you deserve to keep it.
Although there is a risk that you will lose your license, this isn’t always the case. If your blood alcohol content was only slightly above the allowable limit and you are a first-time offender, you might get away with a small fine. Let’s have a look at these two factors and how they might affect the severity of your punishment. Keep in mind that the information below is just a guideline, and the penalties could be different in your case.
Most likely, you won’t have to give up your driver’s license if your blood alcohol content was between 0.08% and 0.099%. Instead, you will simply have to pay a $300 fine, and you’ll be on probation for around six months. This is because the authorities know that such an incident can occur and that it doesn’t necessarily mean you are a reckless driver. Instead of having your license suspended, you will have to attend mandatory highway safety school. In some cases, the authorities will also advise you to go to drug and alcohol counseling.
A one-off incident can be excused, but the punishments increase drastically if you are caught driving under the influence more than once. In such a case, the authorities believe that you are not to be trusted on the road and that you might repeat your behavior. For this reason, you will almost always lose your license for at least a year if you have been caught driving under the influence for a second or third time. You will still need to participate in mandatory highway safety school, and it is more likely that you will also need to undergo counseling. This is to help you overcome a potential addiction and to make sure that you drive safer in the future. In addition, you will also have to pay a larger fine of up to $5,000, depending on your BAC.
Losing your license can be very tricky because you might need your car to get to work, so it can mean losing your income in addition to your freedom. However, there are other consequences of a DUI that can influence your life to an even greater degree. In particular, you might face jail time if your blood alcohol content was very high and/or you are a repeat offender. While most people will only spend a few days or weeks imprisoned, you might have to remain there for up to five years if the situation is particularly bad. This would be the case for people who were caught driving with a BAC of 0.16% or more several times. At that level, you are considered a severe risk on the road, and the authorities can take extreme measures to prevent another incident.
Now you know what can happen after a DUI, your situation might seem scary. But a great attorney can help you keep your license and prevent you from having to go to prison. They will try to get your case dismissed, which means that all charges will be dropped, and you will be free to go. There are several different ways of achieving such an outcome. At your initial consultation, your lawyer will go through what happened step by step. You should tell them everything you can remember and bring all the evidence you have, so they get a full picture of your situation. Then, they can decide on the best way to fight for your rights. Depending on what happened, they might choose to argue that a breach of protocol occurred or that your test was faulty.
When stopping someone because of a suspected DUI, the police have to follow a very specific protocol. To begin with, they are not allowed to stop anyone on the road without probable cause. If you are driving normally and not putting anyone in danger or breaking any traffic laws, they can’t legally pull you over. Similarly, they have to adhere to certain rules when interrogating you and conducting your breathalyzer test. For example, they have to follow all due process laws. A failure to do so can be enough for the judge to dismiss your case entirely. Your attorney will be aware of all the different parts of protocol, so you should make sure to go through every detail of what happened and how the police treated you.
Another reason why your case might get thrown out is if there is genuine evidence that the breathalyzer test could have been faulty. This includes if the person who conducted it wasn’t qualified to do so, the type of test used has a record of false-positive results, or there have been issues in the past with the lab where your sample was analyzed. Any such problem with the testing method could be used by your Colonial Park, PA DUI lawyer to dismiss your case.
When you first go to speak to your attorney, make sure to bring your medical records along with the evidence of your case, especially if you suffer from a condition. Sometimes, a specific illness or medication could have caused a false positive. This could be an easy way to prove that you are not guilty, and it is an avenue that should be explored. Being charged with a DUI offense can significantly affect your life, especially if you end up losing your driver’s license. This could happen if you had a particularly high blood alcohol content or if you were caught driving under the influence several times. You might need your vehicle to go to work, so you’re likely to miss out on your regular income. Your DUI lawyer in Colonial Park, PA can help you fight the charges and avoid conviction. They can argue that the traffic stop was unfair or didn’t follow protocol, that the test you took was faulty, or that you have a medical condition that caused your positive result. Get in touch with us now at Jameson Stone Law to speak to one of our lawyers directly.