Common DUI Questions
Top Common DUI Questions Answered:
Getting arrested and charged with DUI or DWI in New York can be scary. A lot is riding on the outcome. Maybe a job hangs in the balance. Maybe the idea of jail time and separation from family is unthinkable. For many people arrested for DUI or DWI, it is the only criminal infraction they have ever had. They are good, hard-working, and honest people. They are office workers, soccer moms, and college kids. So, the prospect of being labeled a criminal and having one’s entire life upended can be overwhelming.
For these reasons, it is not uncommon for people to have a lot of questions. We have put together some of the more frequent questions clients ask their Long Island DUI/DWI attorneys.
What Happens After a DUI Arrest?
As a preliminary question, for most first-time offenders, this can be a confusing process. The answer will depend on what stage you are in. If you contact a DUI lawyer immediately, then your attorney will be able to explain what happens after a DUI arrest, from arraignment and bail to trial.
Will I Lose My License After a Drunk Driving Offense?
If you refused the breath test, then yes. You will probably have little chance of avoiding the mandatory suspension of your license. By driving on a New York roadway, you give implied consent to breath testing. If you did take a breath test, however, and you blew a BAC of 0.08 or higher, then chances are good the judge will take your license at your first appearance. That said, you may be entitled to a hearing to determine whether there is sufficient proof to take your license. An experienced DUI lawyer can help you better understand whether this is a good choice for your case.
Will I go to Jail After Being Pulled Over for a DUI or DWI?
If it is a first DUI offense, probably not. Mandatory sentencing guidelines do make the penalties harsh. However, most first-time offenders are able to avoid jail time. If it is your second or third time, jail is a real possibility. For repeat offenders, this is a strong reason to get legal help.
Is a DUI A Felony or Misdemeanor?
It depends on the circumstances. Generally, felonies are more severe crimes with steeper penalties than misdemeanors. DUIs are usually misdemeanors. However, if your BAC was .18 or higher, you will be charged with felony DUI. Likewise, if there was a crash and someone was seriously injured or killed, you may be facing felony charges. If a child was in the car with you at the time, you could face felony charges.
Am I Automatically Guilty if I Failed the Breath or Blood Test?
Not necessarily. These tests are not 100% accurate. Likewise, even if you were legally intoxicated, if the police broke the rules and violated your rights in obtaining the evidence, you may have grounds for getting the case dismissed. Many times, a criminal defense lawyer’s job is to chip away at the strength of the State’s case until the State recognizes that a conviction is not a sure thing. Prosecutors do not want to waste public funds trying a case they can not win. This pressure can help to leverage a favorable plea agreement that allows you to avoid jail and avoid a criminal conviction.
Call a Nassau County DUI Attorney For More Information About Fighting Your DUI
Nothing substitutes the experience and knowledge of a skilled DUI lawyer. Call (888) DUI-Lawyer today to set up an appointment to discuss your case with one of our dedicated attorneys.