What happens if you are arrested for DUI?

by | Dec 4, 2013 | Lawyers

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If you have never been arrested for a previous DUI in Newport Beach and all of a sudden you are stopped by a police officer; subjected to sobriety tests and charged with the offense, what can you expect to happen?

Even if you have been arrested on a previous charge, you will no doubt find that the court takes very dim view of this crime. The consequences of a DUI arrest can be very severe. Although there are serious consequences in every state, in some states they are worse than others because of powerful advocates and lobbyists at state level. A typical example of an advocacy group that has significant clout is MADD; “Mothers against Drunk Driving.”

When you have been arrested and charged with a DUI in Newport Beach your first stop after your arrest has been formalized at the police station is a court room. Unfortunately for the offender, very little leniency is shown, if the blood alcohol content was above the legal limit of 0.08 then you will automatically be convicted of driving under the influence, DUI or driving while intoxicated, DWI, both of which are almost identical charges and result in identical penalties.

You may attempt to convince the court that you were not drunk, you can have the arresting officer attest to the fact that you were not slurring your speech or staggering about but the proof is in the pudding; 0.08 BAC and you are guilty.

When the court hands down a guilty verdict, a sentence will be imposed. For sure there will be a fine, you must pay court costs and your driving license will be impounded for the time decreed by the court. Although not in every state, there are states that also make jail time mandatory; this is almost universal for multiple offences.

Eventually time will have elapsed and your license can be returned, the key word here is can, it also cannot, it can continue to be held until you have gone through classes that re-educate you on the hazards of driving while having been drinking. Whether you get your license back after the schooling all depends on the outcome of the test you will have to take. If you fail to pass, a counselor will work with you and attempt to identify if you have a deep rooted alcohol problem.

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