Defending Clients from DUI Penalties
If you are pulled over for driving under the influence of drugs or alcohol, you will likely be charged with a DUI. DUIs are criminal charges that carry criminal penalties, and a DUI conviction stays on your criminal record for life. Even first-time offenders could face jail time, expensive fines, and mandatory DUI school.
Fortunately, being charged with a DUI does not mean you are guilty by default. By working with a team of experienced DUI defense attorneys, you can create a legal strategy to defend yourself from the penalties you are facing. At the DUI Defense Group, our attorneys have years of experience defending clients from DUI charges. We are confident that with our legal background and knowledge, we can assist you in any legal matter. To receive a free consultation from one of our team members, contact our office today by calling 866-927-3295.
What is a DMV APS Hearing?
When you are charged with a DUI, there are two processes you will go through: the DMV process and the criminal process. The police will notify the DMV of your charges and your arrest. A DMV hearing officer will review your charges and decide whether to suspend your license.
If you would like your license to be reinstated, you can request a DMV hearing within ten days of your arrest. At your DMV hearing, also called an admin per se (APS) hearing, you have the chance to use legal representation to defend yourself from a license suspension. You can present evidence to show that you were not driving under the influence or that the officers did not have probable cause to arrest you.
If you win the DMV hearing, your license will be reinstated, and you can continue to drive normally. If you lose the DMV hearing or do not request one in time, your license will remain suspended. The outcome of your DMV hearing does not affect your criminal hearing or criminal charges.
What Are the Potential Criminal Penalties of a DUI?
DUI charges are generally classified as misdemeanor charges unless they involve bodily injury or death of another person. Most first-time DUI offenders do not serve jail time; however, if you have had multiple DUI convictions in the past or have been convicted of other felonies before, you may serve mandatory jail time.
Below are the most common penalties individuals face for a DUI charge:
- Three to five years of probation
- Six months driver’s license suspension
- Three months of a mandatory drug or alcohol education program
- Thousands of dollars in fines
- Mandatory ignition interlock device (IID) installation
If your DUI involved severe injury or death of another person, your charges could be increased to the felony level. Felony penalties are often more severe than misdemeanor penalties and could involve more expensive fines, a longer license suspension, and jail time.
How Do You Defend Against DUI Charges?
While DUI charges are serious, there are ways you can defend yourself against them with help from our team. We will review the facts of your case and your criminal history to determine the best course of action. Your legal defense strategy will depend on the specific nature of your charges.
The most common ways to defend against DUI charges include:
- Proving the police did not have probable cause for a traffic stop
- Proving the police made a procedural error during your arrest
- Providing evidence of a medical condition that impacts your blood alcohol content results
- Providing evidence that your breath or blood test results are inaccurate
What Can a DUI Defense Attorney Do for Me?
Facing DUI charges on your own can be overwhelming. Talking to police officers and prosecutors on your own can actually be detrimental to your case, as you could say something that is misconstrued or used against you. As your DUI defense attorneys, our team will advise you of your rights and create a legal defense strategy to protect you from the penalties you are facing.
Please don’t feel like you must navigate the criminal justice system on your own. Contact the DUI Defense Group today for a free consultation at 866-927-3295.