What You Need to Know When Charged with DUI DUIs, driving under the influence, are one of the most common criminal offenses in the United States. In some instances, the driver doesn't even realize they are over the limit, especially when there are so many factors that will determine your BAC (blood alcohol content). Blood alcohol content varies from one person to the next. You can go out for a meal with a friend and you both drink two glasses of wine with your meal. You are about the same height and weight. You both get stopped by police officers and are required to do a preliminary / roadside breath test. You pass, but your friend doesn't. Why is this? It's because every person digests drinks and food differently. Your metabolism, your weight, your age and what you have eaten all play a role. This is why so many people don't even realize they are over the legal 0.08% BAC limit. It can be very intimidating when you are charged with a DUI. The authorities take you to the station where you may be required to carry out a second test and answer some questions. It is at this point that you should demand your DUI attorney to be present. It's your constitutional right to have legal representation. Ensure you exercise this right. Your DUI attorney will be able to ensure your rights are protected throughout the process, while answering your questions and helping you prepare for the legal process ahead. The good news is that when you are charged with a DUI, it does not mean immediate driver’s license loss. You keep your driver’s license until final resolution. In some instances, you may be able to keep your license based on various factors surrounding your case, in others you will lose your license. If you see something written on your file that states “DUI / 1 st offense / bal unk” it means that they have no evidence against you. It's recommended that you call in your DUI attorney right away so that they can assist you, this may be a problem with your preliminary chemical test. Your attorney will ensure your rights are exercised throughout the process. An arraignment is when you have to stand before a District Judge and state whether you are guilty or not guilty. You will discuss your options with your DUI attorney who will negotiate with the prosecution to try and get you a reduced penalty and keep your license. If it's your first offense and you were only slightly over the allowed 0.08% BAC, you might receive a more favorable ruling.
It's important to note that you cannot refuse a roadside / preliminary breath test. Refusal can result in your arrest for non-compliance and will make it hard to defend your case. Always provide the breath test and if taken into custody, advise the officers immediately that you want your DUI attorney present. Refusal to take the breath test can result in immediate license suspension. You are allowed one phone call, use it to call your attorney or a family member who can find you an attorney with extensive experience in this sector of the law to come down to the station and assist you. If you are charged with a second offense, the consequences are more dire. Jail sentences are not always the first solution when it comes to first time offenders who don't have other crimes against their name, but as a second offense your DUI attorney is going to have to work hard to keep you out of a jail cell. Second offenses usually result in a minimum of five years’ jail time, fines, treatments and more. A DUI offense will stay on your record for five years. About Us: John R Grasso is an attorney admitted to practice in Rhode Island and Massachusetts. He is also admitted at the Federal District Courts. He is a member of the Bar of the United States Supreme Court and has an experienced support team working alongside him to help focus on securing a resolution in the shortest period of time. John Grasso represents criminal defendants on misdemeanors and felony charges throughout the area. He handles a wide range of cases on a daily basis from domestic violence cases to immigration disputes and DUI cases to robbery and so much more. To find out more, visit http://www.johngrassolaw.com.