DUI Frequently Asked Questions
The other day i was talking to one of my friends over the phone, when he mentioned his brother's life is doomed. After asking what was it all about he mentioned his brother got caught in a DUI case. But i thought to myself, yes it is serious but isn't there help for these folks who don't know what needs to be done. I went fishing for more details to help my poor friend's family over the web. This is when i had a chance to interact with one of the washington firms who deal with these cases.
These folks know what they are doing and are specialist in DUI cases. I interacted for a while and asked them one question that is the mother of all questions. Technically :-) you are charged by the number of questions you want answered... I asked what are the frequently asked question in a DUI situation? They were wonderful and here is a small list of frequently asked questions with answers they allowed to quote from their website.
Q: The officer did not give me a court date. When and where to I have to appear?
A: You will receive in the mail a notice to appear in court. The time frame for receiving this varies from jurisdiction to jurisdiction.
Q: Why did the officer punch a hole in my license?
A: This indicates you have a temporary license. Your license will be automatically be suspended in 30 days unless you request a hearing with DOL. If you miss this deadline you lose the opportunity for a hearing and your license will be suspended by regardless of the outcome of your DUI case in court.
Q: Will the court hold it against me if I hire an attorney or plea not guilty to the DUI charge?
A: No. You have a right to an attorney and to plea not guilty. Both are routine at the arraignment stage. Pleading guilty at the arraignment is just not a good idea. You lose all opportunity to negotiate the outcome of the DUI charge with the prosecutor. The court will not blame you for retaining an attorney or pleading not guilty.
Q: Will I have to go to trial?
A: You have a right to plea not guilty and to a jury trial. You should both plea not guilty and request a jury trial at your arraignment. Nevertheless, most cases do not go to trial. Since 1999 only about 5.5 - 9 % of DUI cases in Washington have gone to trial.
Q: Will my employer discover I have a DUI?
A: Probably not unless you choose to apply for an occupational license. Normally neither the courts, the prosecutor, nor law enforcement will contact your employer. However, note that if your license is suspended and you are eligible and want to apply for an occupational license you must have your employer sign an affidavit of employment.
Q: What is SR-22 insurance?
A: SR-22 is high-risk insurance. If your license is suspended because of a DUI or reckless driving conviction you will have to purchase SR-22 high-risk insurance when you seek to have your license reinstated or you are applying for an occupational license. The requirement is for three years for a DUI and two for reckless driving. The increase in premiums varies greatly and it is a good idea to shop around.
Q: Will I have to go to jail if I am convicted or plead guilty to DUI? A: This depends on several factors, primarily your blood alcohol level and the number of prior DUIs you have had. For a first offense and a BAC under .15 the minimum jail sentence is of one day in jail or 15 days of Electronic Home Monitoring. The maximum jail sentence for a DUI is one year.
Q: What legal consequences do I face in addition to jail or Electronic Home Monitoring?
A: Fines. Minimum fines begin at $350.00. Additional court costs, fines, and probation fees you will have to pay will quickly push the ultimate total into the thousands of dollars. The amount will vary depending on your BAC, your record, and the court venue. You will also have to attend and pay for an alcohol information school and/or treatment. You may be required to have an ignition interlock device. You will have to attend a DUI victim's panel. In addition if there was an accident you will have to pay restitution to the victim.
The above is a direct quote from their website. They were also kind enough to provide me some tips on how to handle the DUI situations with the peace officers. The Tips is better left for another article in this topic. Meanwhile you can read more about a complete anatomy of a DUi case in their website www.duiscott.com.
Author is a freelancer accessible through Aplora Web Solutions. To read more about the DUI situation and helpful tips on handling the situation you should visit DuiScott.com. They will be happy to provide you with a free consultation in the website.