You have a few cocktails with your friends and decide to drive home. Before long, a police car appears on your tail, the ominous blue and red lights flashing. Shoot! You’re caught driving under the influence (DUI).
The Jensen Family Law in Mesa AZ Divorce Lawyer and Family Law Attorney agree that matters touching on DUIs can affect your family law case. Sure, the stress of a divorce may have pushed you to the brink of a possible DUI, making your current situation much more challenging. You could lose it all, but you might also win.
Now that you could be on the hook for a DUI, what’s the best and worst-case scenario? Let’s dive into the specifics.
The Law Relating to DUI Charges
Thanks to the efforts of law enforcers, our roads are much safer, and charges for DUIs are taken very seriously. And for a reason – thousands of people die yearly due to impaired driving. As such, you can expect to face jail time, fines, license revocation, and more worddocx.
But just because you had one for the road doesn’t mean you can’t drive. I know what you’re thinking – “How?” you wonder. You can only face a DUI charge if you exceed the set limit.
Typically, law enforcers check your blood alcohol concentration (BAC) to determine whether you have exceeded the legal limit of .08%. A BAC higher than that is enough to charge you with a DUI. This rule applies to people over the age of 21.
What about people under that age? Well, they must keep their BAC below .02%. If they exceed this limit, they’re charged. Still with me? Great.
The Best-Case Scenario for a DUI Charge
Anyone accused of a DUI charge has a chance of getting off lightly. The best-case scenario is that your BAC is lower than the legal limit set by law enforcers. It’s not often the case, but if your BAC is lower, you might not face the full brunt of a DUI charge.
Similarly, even if you face a DUI charge, the ideal situation is to have your charges dismissed. That means no likelihood of a fine or jail time. Thus, you may get off without so much as a ticket.
But how can you pull that off? Whether this is your first offense or if you have been in trouble before, extenuating circumstances could help you get off the hook. These may include:
- Failure to collect sufficient evidence (on the law enforcer’s part).
- Procedural errors, such as a DUI checkpoint that is set up in the wrong place.
- Incorrect field sobriety test or breathalyzer test.
- Constitutional mistakes – for instance, an unreasonable search and seizure.
- Conflicting witness accounts.
If any of these apply, your DUI charges could be dropped. And you could be whistling your way to freedom. Or, you could face a lesser charge and, if found guilty, be required to face community service or probation.
The Worst-Case Scenario
But what about the worst-case scenario? For starters, you may face pretty hefty penalties. Depending on the severity of your case, the fine could be upwards of $20,000, and jail time (up to one year), license revocation, and more could be on the cards. That said, each state has different DUI laws. So check with an experienced lawyer to get advice on your case.
Usually, a first offense results in a fine, depending on the state’s laws. But even if you get off with minimal charges, you may have to pay. Repeat offenders mostly face harsher penalties, including jail time.
But the worst part is that a DUI charge can stick with you for years and make it hard to get back in the driver’s seat. Also, imagine having a charge on your record and its impact on your life. Clearly, a DUI charge is something you might want to avoid.
What can you do if your goose is cooked? Luckily, your attorney can help minimize the damage by doing the following:
- Negotiating a plea bargain to reduce the possible sentence.
- Seeking an alternative sentence such as house arrest or community service.
- Providing evidence to support your defense.
- Arguing against the charges and the evidence presented by the prosecution.
If you’re in such a bind, talk to a lawyer. They can evaluate your case’s facts and direct you on the way forward. By so doing, you can avoid the life-altering consequences of a DUI. After all, you wouldn’t want such a charge to bleed into your family law case, would you?
Sure, you can still have a good time. But, do it responsibly without endangering anyone’s life on the road. And should you be unfortunate enough to face a DUI charge, you know the drill – explore all the legal options available. You could have a tale to tell without the pain of regret.
