QUESTION

What is going to happen after my first DUI arrest?

Asked on Sep 16th, 2013 on DUI/DWI - Oklahoma
More details to this question:
I stopped on the side of the road to check my back tire. Someone came out to help and then left. I stopped to get gas at gas station. As I was about to put my credit card into the machine, police officer came behind me and asked me to come with him. He then administered the field sobriety test and then had me take breathalyzer which was about .144. I was then taken to hospital without miranda rights where I was blood tested (don't know the results) and breathalyzed again at .131. Then I was arrested and taken to jail until my bail was paid that night. I was courteous and respectful the entire time. Even got a few compliments from the police officers (not sure if they were sincere or not). What are my options?
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9 ANSWERS

You can win at trial or you can reach a plea agreement. Either way you would probably get a suspended imposition of sentence and probation for one to two years.
Answered on Nov 07th, 2013 at 7:50 AM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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Based upon the level of your breath test, if convicted, the MANDATORY MINIMUM sentence you will receive for first offense: 1 day in jail, with 364 days suspended for a 5 year probationary period approximately $1,000.00 fines and assessments 90 day suspension of license ignition interlock device may be ordered by court alcohol/drug education or treatment as determined by the court. These are the mandatory minimums. The court could impose additional requirements upon you. If you fail to do as ordered, the court has an additional 364 days of suspended jail time that could be imposed.
Answered on Sep 19th, 2013 at 12:23 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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Hire an attorney. Even a 1st time DUI carries a potential jail sentence. There may also be probable cause issues which should be discussed with your attorney.
Answered on Sep 18th, 2013 at 4:42 PM

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Courteous and respectful won't do you any good. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Sep 18th, 2013 at 1:54 PM

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Social Security Disability Attorney serving Melbourne, FL at Law Office of Robert E. McCall
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Options as to what? You have 3 different testing protocols, 2 of which are definitely against you. Miranda is only relevant if they asked you questions, here you indicate they did not. From this limited information I do not see any legal defenses.
Answered on Sep 18th, 2013 at 1:50 PM

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Divorce Attorney serving Sioux Falls, SD at Christine A. Cady Attorney at Law
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This question also hinges upon what county you were arrested in. In most cases and counties most jail time will be suspended as in you will serve none, a fine, approximately $84 in court costs, and the cost of your blood test that was administered. Your driver's license will be suspended for 30 days. This is the DMV's decision and has nothing to do with the court. Though a work permit to allow you to drive to work will often be given by the Judge. You will get at least 360 days of conditions in which you can have no like offences during that time. Depending on the county that you are in, a condition of you bonding out of jail may also include participating in the 24/7 program, a program that requires you to go to the jail and take a breathalyzer twice a day. The 24/7 program can also be imposed after you plead guilty, but not usually on a first. These are the basics of a first in South Dakota. Again, this question does hinge on what county you were arrested in.
Answered on Sep 18th, 2013 at 12:48 PM

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It seems like there may a problem with the Breathalyzer tests, otherwise why do it twice and then also take blood. I guess they took your driver's license so you need to respond to that by sending the paper work to the State agency handling that part. You should have received the license suspension info from the police when they arrested you. Make sure the lawyer you hire makes the request within the time period or you will lose the right to do so. You should understand that you are fighting a 2 front battle, one on the criminal charge and the other involves the suspension of your driver's license.
Answered on Sep 18th, 2013 at 12:44 PM

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James Edward Smith
You will probably be offered a plea bargain with the minimum sentencing but will probably have to do alcohol counseling because of your high BAC.
Answered on Sep 18th, 2013 at 12:44 PM

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Jason David Smith
Your only real option is to fight like hell. I don't see any reasonable suspicion for officer to talk to you initial. And the lack of Miranda may come up later. You need a defense attorney immediately.
Answered on Sep 18th, 2013 at 12:20 PM

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