DUI - First Offense.

Posted on 2009-6-6

What to expect when you are arrested for DUI – First Offense. 

If this is your first time being arrested for DUI you will soon experience the strange parallel universes of the Criminal Court and the Department of Motor Vehicles.  Each is its own entity with little regard for what the other does. The following is a simplified version of what you can expect.  

On the Court side, if your arrest did not involve an accident, you may, in the Court’s discretion be given the opportunity to apply for the Alcohol Education Program.  In that case, you would be evaluated and a recommendation would be made to the court that you attend either 10 or 15 classes.  You would have a year to complete the program and any other conditions the court may impose.  If you successfully completed the program, the charges against you would be dismissed.  That means after one year, you would have no criminal record.   

But because this, for the most part, is a one time opportunity, and subsequent DUI arrests carry such significant penalties, it is important for you and your lawyer to examine the facts of each case to determine whether a defense on the remits might be the better course of action. 

On the DMV side, when you are arrested for DUI you can expect a letter from DMV informing you that your license is about to be suspended.  The length of suspension depends on your age, whether you submitted to a test of your blood, breath or urine and what the results were.  You can request a hearing to challenge the suspension.  If this if your first DUI offense, you will be allowed to apply for a work permit, which will allow you to operate a motor vehicle during work hours.  DMV will only grant you one work permit during your lifetime so again, it is important for you and your lawyer to examine the merits of the suspension carefully. 

We at Hampton Law Offices can help you evaluate carefully the merits of the claims against you and work with you to formulate a defense strategy.  This is the work we do.  Call us.  We can help.