What are the Penalties for a DUI first?
Attorney Franks: It relies on specific variables. For a standard motorist's license, it's suspension for approximately four months, a two hundred fifty to a one thousand dollar penalty, as much as 2 days in jail, and also attending a MASEP program or a Victims Impact Panel. If it is a commercial vehicle license, then the fines are a lot more extreme in the that they shed their license for as much as 1 year, which might place them without a job. Then, we also have people under age 21. Depending on their blood alcohol content, they could be taking a look at a penalty of $250 and also a 120 day suspension of their license in addition to the course. The real distinction is they do not have the 2 days behind bars and they do not have the penalty as much as $1,000.
Does there exist any kind of method I can be found not guilty?
Attorney Franks: Definitely. It's not uncommon to have a case rejected or go to court and also have an individual discovered not guilty. In fact, the initial trial I did as a criminal justice attorney was a DUI 2nd violation and the individual was discovered not guilty on all the accusations. It relies on a lot of points. It relies on the facts from when the person's pulled over. Did the officer have reasonable suspicion or probable cause to detain them? If they do not, the remainder is moot. On top of that, police officers are people too. They make mistakes. They neglect information needed to prosecute a person effectively for a DUI. It's feasible to obtain an innocent judgment on a DUI. That's where I can aid as a criminal justice attorney.
If I'm found guilty, do I need to do prison time?
Attorney Franks: It can carry up to 48 hours in jail. Nonetheless, we ask for credit for time served. Then we ask the court to suspend the remaining time and they will typically comply. The purpose of courts is not to hurt people. They want people to stay productive people.
Can I beg to a minimal violation?
Joey: Negative. The regulations are extremely clear on this.