Hello, I'm Karla Mitchell. Going through a legal case can be very expensive and challenging. I won't go into details, but I recently underwent my own legal battle that lasted several years. It is finally over and I successfully received a settlement, but I had to spend so much time studying law in order to play my role in my own court case. While I found a great attorney at one point, I felt completely lost initially and I don't want anyone else to experience the same thing. So I decided to create this blog for those who would like to know more about law.
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When it comes to the world of moving traffic violations, there are few things worse than receiving a DUI charge. DUI charges can irrevocably affect your life, usually for the worst. After receiving a DUI and sobering up, one of the first things you will want to do is contact an attorney for your trial, or if you have an attorney, make sure that you have a few questions ready to ask him or her regarding how this will affect you and the choices you wish to make later in your life. This brief article will serve to discuss 4 questions you might have about DUIs and will also serve to supply you with an adequate answer for each of them.
Will My License Be Suspended? In almost all cases where you have been charged with a DUI, your license will, at least temporarily, be revoked. This manifests in usually 1 of 2 different ways: the court may order that your license be revoked or suspended, or the state motor vehicles department may revoke your license. If you refuse to comply with a Blood Alcohol Consumption test (BAC), you will automatically have your license revoked, regardless of the outcome and consequences of your trial. Those with prior convictions of a DUI are more likely to have additional time added to their DUI, usually losing their license for a year or more.
Is A DUI A Felony?
For first time offenders, a DUI is usually not considered a felony in most cases. However, if the offending individual happens to have caused damage to property, this can be raised to a felony. If the offending individual has caused harm to a person, he or she could be charged with a felony; if the intoxicated driver happens to have killed a person while he or she was driving under the influence, he or she could be charged with reckless homicide, which is most definitely a felony charge. In a number of states, if a person receives more than one DUI, it will be considered a felony offense. However, in other states, it can take up to a 4th offense before the status is raised to a felony offense.
Will I Have To Go To Jail?
Although DUI laws vary from state to state, there are some commonalities. In most cases when you receive a DUI, you will not have to go to jail if it is your first offense. However, second offenses usually will land you a bit of time in jail. If you have a third offense for a DUI, the chances of you going to jail increase greatly, as does the time that you will spend in jail. By a third offense, you could be looking at upwards of 3 months in jail. It is highly recommended that, if you do receive a second DUI charge, that you speak to your lawyer as soon as possible.
Should I Plead Guilty?
No, you should not, unless you have been offered a plea bargain. These, however, are few and far between in DUI cases. Whenever you decide to enter a guilty plea, you will have to sign a guilty waiver form. In some cases a judge will go over such a form with you, in others not. The waiver form basically means that you give up a great deal of your constitutional rights regarding this case – such as the right to remain silent during your arraignment – and you will be automatically considered guilty in this case. This is the same as if a jury convicted you for the same crime.
If you have been charged with a DUI, have these questions and more ready to ask your attorney in order to receive the best outcome for your case. If you're looking for a law firm that specializes in DWI law, then you can check it out here.
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