Will I go to jail for a DUI?
Driving under the influence of alcohol or drugs, also known as DUI, is a serious crime that is usually punishable by up to a year in jail. Sometimes, depending on the circumstances, it can even be charged as an Aggravated DUI felony, which is a crime punishable by more than a year in jail. But just because these are the possible maximum sentences does not necessarily mean that you will spend even one day in jail. And how seriously you are in trouble will depend on exactly what happened when you were arrested and how many times you received tickets like this in the past.
For instance, someone who was pulled over for DUI would not be in as much trouble as someone who was involved in a DUI accident where someone was seriously injured. And someone who had never received this kind of ticket before would be in much less trouble than someone who had already been arrested for a DUI in the past. In other words, sometimes a DUI is serious and sometimes it is very serious.
Do I need a lawyer for a DUI?
Since all such tickets could result in jail, most Judges will strongly suggest that you hire an attorney to properly protect yourself and protect your driver’s license. Once we have thoroughly examined the facts of your case and your driving record history, we will be able to tell you how much trouble you are in and how to best protect you. In any case, the legal team at Mitchell S. Sexner & Associates LLC is well qualified to be your attorneys and have handled countless cases like these before. Attorney Mitchell Sexner at one time prosecuted DUI cases as a States Attorney and the other attorneys on the team have personally handled hundreds of these types of cases as well. You’re in good hands.
What are field sobriety tests?
Everyone charged with a DUI receives at least one ticket from the police that says “DUI”. This is the basic DUI ticket. In order for the prosecution/State’s Attorney to convince the Court beyond a reasonable doubt that you are guilty of this charge, they have to show circumstances surrounding your arrest that paint a picture of someone who was impaired while driving. They usually try to show this by telling the Court how poorly you drove, how glassy and bloodshot your eyes were, how much you smelled of alcohol, and how poorly you performed what are called the field sobriety tests.
These field tests usually include some combination of the following tests: The finger to nose, reciting the alphabet, walking the line, one-leg stand, and a test where you follow a pen or the officer’s finger with your eyes, called the HGN test. All of these things can add up to what is called “circumstantial evidence”. That means that there can easily be other explanations for what the officer is describing and that these observations are not absolute proof of guilt.
What if look drunk on the police video?
Even if squad car video or body cam video of you is not excellent, experienced attorneys like those at Mitchell S. Sexner & Associates LLC, can often offer such alternative explanations to the Court during a trial. Of course, every case is different. Your eyes may have been glassy or bloodshot because it was so late at night or because they just happen to always look that way. You may have performed poorly on the field tests because you have a physical defect or injury that made the tests difficult for you to do. If the Court does not know which explanation to believe, you win. That is because the prosecution has the burden of proof to prove you guilty beyond a reasonable doubt.
Why did I get two DUI tickets?
If you took the breathalyzer test at the police station, you should have also received another DUI ticket that says something like “BAC over .08”. Most people wonder why they received 2 tickets for DUI at the same time. If you received this second ticket, you are not actually charged with 2 DUIs though. These are simply 2 different ways for the prosecutor to try to prove you guilty of the same DUI.
We have just discussed some of the ways to challenge the basic DUI ticket. But of the two types, this type of ticket is the more difficult one to challenge. That is because it is not based on circumstantial evidence, but on scientific evidence. If you took the breath test, you gave the police scientific evidence that the amount of alcohol in your system was over what people call “the legal limit” of .08. Experienced attorneys, like those at Mitchell S. Sexner & Associates LLC, know the best ways to challenge a breath test. In some cases, we may even recommend the use of an expert witness to testify on your behalf.
What is a Statutory Summary Suspension?
In addition to the 1 or 2 DUI tickets that you received, you were likely also given a sheet of paper called “Notice of Summary Suspension”. Depending on whether you took the breath test and whether you had ever been charged with a DUI before, this paper will suspend your license for anywhere from 6 months to 3 years. The suspension does not go into effect immediately, but takes effect 46 days after the date you were served notice, which is usually the same day that you were arrested for the DUI.
We know that losing your license for any period of time at all is very bad and could easily affect your job, your ability to get a job, renting an apartment or your immigration status. So, we generally recommend to our clients that we challenge this suspension immediately. Certain papers must be filed quickly though or you will give up your right forever to challenge the suspension. And the longer we wait to file these papers, the more likely it is that you will lose your license for some period of time. In the event that your suspension cannot be thrown out, you will qualify for a BAIID device (blow machine for your car) as long as you’re considered a first-time offender.
What is a typical DUI sentence?
Depending on the circumstances of your arrest, whether you took the breath test, and whether you had ever been charged with a DUI in the past, many different outcomes are possible. For those clients who have never been charged with a DUI before, a sentence typically involves fines, alcohol classes, a seminar and the promise to stay out of trouble for 1 year. Sometimes a sentence is more severe, although sometimes a case can be completely thrown out of court. Every case is different. Once we have looked at your driving record and discussed your case, we will give you our best estimate of what court sentence you are likely to receive. Many times, cases like these can be worked out quickly and easily.
There are other times however, when the prosecutor is offering a sentence that we believe is too severe and may include jail. And there are times when you may not want to accept the prosecutor’s offer under any circumstances. In such circumstances, we will fight for your rights and do our very best for you. We know how important your license is to you and we know that no one ever wants to go to jail.
Experienced Attorneys since 1990
We can file motions or go to trial in an effort to get your case or your suspension dismissed. We know the best ways to try to accomplish this, because we’ve been handling these cases for many years. Of course, we will also give you an honest appraisal of your chances. Once we have heard your traffic history and discussed your case, we will give you our best estimate of whether you can beat your case or what sentence you are likely to receive. One of our main jobs is to keep you fully informed about your case and your chances for success. If it’s good news, we’ll tell you. If it’s bad news, we’ll tell you that too. The last thing you need is a lawyer that sugar-coats your case for you or makes it last longer than necessary. We’ll give it to you straight.
Payment plans and flat fees available
Our fees are very competitive and are quoted as a flat fee, not hourly. In most cases, payments plans are available and a free meeting with an attorney is available to discuss your case more in detail. When we speak, we will be able to quote you exact fees depending on what tickets you received and what your driving record looks like.
Driving under the Influence is a serious matter. But pick the right attorney at the start and you’ll have the best chance at success. At Mitchell S. Sexner & Associates LLC, we are professionals with a history of successful results. And we’re ready to help you right now. We can be reached at (312) 644-0444.