A first offense for DUI or DWI is often treated as a misdemeanor and carries a sentence of no more than six or twelve months in prison. Some states, however, have even more lenient sentencing guidelines for first-time DUI offenders. New Jersey, for instance, has a 30-day maximum jail sentence for a first-time DWI offender. Pennsylvania is one of the few states that does not have a mandatory jail sentence for a first offense of driving under the influence of alcohol or drugs. For a first offense, several states mandate jail time of at least a few days.
The correct response in a criminal case pertaining to DUI and domestic violence depends heavily on the circumstances. Do not settle on a strategy for your criminal defense without first discussing your options with an experienced domestic violence lawyer.
When convicted of DUI, penalties are the usual consequence. The penalties for driving under the influence vary greatly from one jurisdiction to the next. But in most cases, the driver or motorist can expect to pay a fine that grows as a consequence of the same elements that increase the driver’s potential jail sentence.
That is to say, if a motorist has multiple prior offenses, the fines will grow accordingly. In addition, penalties for DUIs with particular aggravating circumstances tend to be more severe.
Fines for a first-time DUI conviction range from about $500 to $2,000 in most of the country. Repeat offenders and those whose DUIs were aggravated by other causes face fines that can easily go into the thousands.
DUI While Traveling With Your Spouse Would Be Considered as Domestic Violence
A person’s worst nightmare is being placed in the back of a police cruiser, handcuffed. You don’t belong in jail because that’s a place for criminals. Nonetheless, you’re in legal hot water now, in a nightmare that’s probably going to end with you getting arrested for DUI. A possible argument trigger for domestic violence charges is high-stress levels. You can have substance addiction problems that finally caught up with you one night. On the other hand, you can find yourself wrongfully accused of a crime.
Unfortunately, a single conviction or arrest can have far-reaching professional and personal repercussions without a strong defense prepared by your domestic violence lawyer if you are facing DUI charges and as a subsequent result, domestic violence charges as well. The good news is that you do not automatically lose your rights or have your case thrown out of court upon arrest. Your rights under the Constitution must be upheld at all times by law enforcement. Evidence may be ruled inadmissible if this is not done. You may be able to convince the court that your arrest was an outlier by negotiating a lesser sentence or participating in an alternative sentencing program like drug court or deferred prosecution.
Steps to Be Taken If You Violate The Law While Traveling With Your Spouse
Mistakes are inevitable. If you are facing civil or criminal charges, even the smallest error could have far-reaching repercussions. Accepting a plea offer from prosecutors is an option that may seem appealing to those who just want to put the situation behind them. However, it might be an expensive mistake to accept a bargain without first consulting with an attorney about the ramifications outside of the criminal justice system.
A person accused of DWI (also known as “driving under the influence” or “DUI”) is entitled to the same presumption of innocence as anyone else facing criminal charges. After guilt has been confirmed (often through the defendant’s own plea or a jury trial), the punishment will be determined by state law and any mitigating factors (such as accidents and injuries).
Hire Or Engage An Experienced Domestic Violence Lawyer as Soon as Possible
Naturally, the best course of action in a civil or criminal case is highly dependent on the specifics of the situation at hand. Before consulting with a domestic violence attorney, you should not commit to a specific course of action.
Even though justice is supposed to be impartial, many persons with vested interests have a say in how our laws and justice are interpreted and applied. Even when they mean no harm, well-meaning law enforcement officers and ambitious prosecutors can put citizens at risk of having their constitutional rights violated. Having a strong domestic violence lawyer and attorney on your side is the only way to get a fair chance in our criminal justice system.
Decide the Boundaries of Your Family Case With the Assistance of Your Domestic Violence Lawyer
Fighting is inevitable in any relationship since no one is faultless. Certain activities, however, are so destructive that they cannot be tolerated. Extreme steps, such as getting a divorce, may need to be taken because of these dangerous conditions.
In addition, anyone who is dating or married should be aware of the boundaries that should exist between partners. If you are unsure what is meant by a term, please refer to our Definitions page or this page from the National Domestic Violence Hotline. If you’re interested in going deeper, you could also read The Emotionally Abusive Relationship by Beverly Engel.
The effects of physical abuse (violence) can be devastating. Abusive behavior in relationships includes both verbal (verbal abuse) and emotional (emotional abuse) forms. All of these things can wreak havoc on a person’s self-esteem and make them feel small and less of a person. As a result, making amends after domestic abuse is challenging.
Those who have experienced mistreatment are encouraged to establish limits and stand up for themselves. When someone establishes healthy boundaries, it’s because they’ve taken action to make the harmful effects of the other person’s behavior lessen, for example, bycutting off contact. After experiencing domestic violence, victims are often encouraged to quit their relationship rather than try to reconcile with an abusive spouse who shows no signs of wanting to change.
The best case scenario is that the “tough love” prompts the offending partner to work on changing their behavior and the underlying issues that are causing it. While some do, the resulting gap ultimately cannot be bridged. Tolerating abusive behavior is risky and does no one any good.
A person’s worst nightmare is being placed in the back of a police cruiser, handcuffed. You don’t belong in jail since that is where criminals go. Nonetheless, you’re in legal hot water now, in a nightmare that’s probably going to end with you getting arrested for DUI. A possible argument trigger for domestic violence charges is high-stress levels. You can have substance addiction problems that finally caught up with you one night. On the other hand, you can find yourself wrongfully accused of a crime.
When you consult your domestic violence lawyer, in the case of DUI while traveling with your partner, they can explain your legal rights and explain how to minimize the impact of an arrest. When facing criminal charges, your attorney can help you safeguard your rights, job, and family by either fighting the prosecution fiercely or negotiating a deferred prosecution agreement with the prosecutors.