Defending Drunk Driving chages is unlike defending any other criminal charge. Below you will find several of the questions our drunk driving client’s often ask.
(Q) I want to hire someone that has experience in defending DUI and Drunk Driving charges. How much experience do you have?
(A) The Wayne Walters Law Firm has defended hundreds of DUI and Drunk Driving charges. We know the law and we know how to point out weakness in the state’s case against you. It is rare that a week goes do by without our firm defending several DUI charges.
(Q) What are the penalties for a drunk driving conviction?
(A) First Offense
· Jail of up to 12 months. · 12-month loss of license (a restricted is license possible, but never automatic). · Court fines of $250-$2500 plus court costs. · If BAC was .15 or greater, a mandatory minimum of 5 days in jail. · If BAC was more than .20, 10 additional days of mandatory jail time. · If BAC was .15 or greater, the installation of an ignition interlock device is required as a condition of obtaining a restricted license. · Required supervised probation and participation in ASAP, as well as attendance at the Victim Impact Panel.
Second Offense · Jail of up to 12 months. · Significant mandatory minimum jail time. · Loss of license for 3 years, with a restricted license permitted after 1 year and subject to many other requirements. · Court fines of at least a $500 minimum, and up to $2500 plus court costs. · If BAC was .15 or more, additional 10 days of mandatory minimum jail time. · If BAC .20 or more, an additional 20 days of mandatory minimum jail time. · Required supervised probation and participation in ASAP as well as attendance at the Victim Impact Panel.
Third Offense
· Offense is now a Class 6 Felony. · Prison term of up to 5 years. · Massive mandatory minimum jail term. · Total loss of license · Court fines of up to $2500 plus court costs. Fourth Offense · Class 6 Felony. · Prison term of up to 5 years. · Mandatory minimum jail term of 12 months. · Total loss of license. . Massive Court fines plus court costs.
Offense by Person under Age 21 (BAC of .02-less than .08) · Loss of license for 12 months. · Fines of up to $500 plus court costs.
(Q) Can I avoid jail time?
(A) Our drunk driving defense lawyer’s have a high success rate of obtaining community service hours rather than jail time for first time offenders with a low BAC.
If you have a BAC of .15 or above, there is mandatory jail time involved. Our lawyer’s generally are able to keep the punishment at the absolute lowest level allowed by law.
(Q) If I go to jail, I will lose my job. Can you help me?
(A) If the court sentences you to significant jail time, it is possible for you to get into the work release center at the county jail. This would allow you to work during the day and return to the jail at night. You would not be in a normal cell, instead you would be in a big dorm room like area. Our lawyer’s are able to get our client’s on work release. You would have to be in jail for a few days before being moved to the work release center.
(Q) I had no idea I would lose my license for a year, is there anything you can do?
(A) Drunk Driving defense lawyer’s from our firm always make getting a restricted license part of any plea offer. It should be noted that in rare circumstances, the Judge will not allow you to get a restricted license for a certain number of days.
A restircted licenses allows you to go to and from work, school and any medical appointments. It also allows you to drop off and pick your children from school and other authorized trips.
Please do not hesitate to contact us if you have any other questions or concerns about your drunk driving charge.
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