It does not matter if you live in Los Angeles or New York, because DUI is one of the most common arrests made in the USA. This could be due to some drivers on the road, the function of DUI checkpoints or just ignorance of people when it comes to following the law.
The idea is to understand how this particular law functions and what you should do in the case you are caught. It is essential to check out Rochester NY DWI lawyer that will provide you a specific understanding on everything you should know about DWI and what will happen to you.
It is vital to understand what the legal definition of driving under the influence is. Of course, everything depends on the type of license you have, your age and legal blood alcohol percentage (in further text: BAC).
For instance, if you are a typical driver and over the age of 21 without special licenses and regulations, the legal limit is 0.08% of BAC. On the other hand, if you are a commercial driver, you can have half of that which is 0.04%.
The third methodology states that if you are an underage drinker, you cannot have a single drop of alcohol in your blood. We are talking about zero tolerance policy, and you should check out the regulations of your state before you embark on the road.
As soon as you are pulled over by an officer of the law, you will have options to choose. The first thing you can do when an officer starts to ask you questions is to refuse to answer any more questions without the presence of a lawyer.
You will also have the ability to refuse a field sobriety test in case you live in a state that does not require it. In case you are under 21, you will not be able to do anything about it.
It means that if someone provides you with a breathalyzer test, you will have to take it wherever you are. At 21 year of age, you will be able to decline whatsoever. However, you should remember that the court would consider your refusal and indication of guilt.
Therefore, you will face a harsher penalty because you were uncooperative during the time of an accident. Check here if you wish to learn more on driving under influence.
Understanding the Legal Process
Officer will have the ability to determine whether you can continue to drive or not. If you are not capable of driving, he will take you into the station to wait for an arrangement. You can also post bail at this time, and someone will have to come to pick you up.
Your car will be impounded, and you will have to pay a few for release. In case you were in the car with another person as well, he/she can ask to drive instead of you, and you will be released.
You can also choose to plead guilty or not guilty based on your preferences and what you wish to accomplish. In case that you want that you are guilty, you are forfeiting your rights to fight the charges, and you will be sentenced right away.
On the other hand, if you plead not guilty, you will be scheduled for a court date. During the time of an arrest for DWI, the officer will take your license and suspend it. The suspension will begin one month after the arrest date.
In case that you pleaded not guilty in your case, you will be able to challenge this particular suspension so that you can ensure that you get your license back. However, you have to request a hearing within ten days of getting a temporary license or suspension will take effect.
What Will Happen Next?
When judge founds you guilty on DWI charges, the penalty will mostly depend on your previous record. In case that this was your first offense, you will get a six-month suspension of license, up to six months of the county jail, going to alcohol classes and paying fine up to thousand dollars.
At the same time, two points will be taken from your license, which means that you have to pay higher car insurance than before. Check out this guide: https://www.wikihow.com/Save-Your-License-if-Arrested-for-DUI to learn how to save your license when get arrested for DUI.
If this is the second time you get charged in the last ten years, you will end up two years suspension, one year of jail and a more significant fine. The third charge in ten years can lead to more severe actions and even loss of license altogether.