DUI / DUI RELATED CHARGES
If you have been arrested for Driving Under the Influence then you already know it is a traumatic experience. Many people assume that because they failed a road-side sobriety test or a breathalyzer test they have no grounds on which to fight the charge. That is not true.
DUIs are multi-faceted cases, and many factors come into play after an arrest:
- Why were you initially stopped?
- Who administered the road-side sobriety test?
- Where, in relation to the scene, was the test was given?
- What were the conditions of the scene?
- Who administered the Breathalyzer test?
- Was the equipment properly calibrated?
These are just a few of the questions that need to be asked during the defense of a DUI arrest. Remember, you are not responsible for proving innocence; the prosecution carries the burden of proving guilt.
DUI Property Damage / Injury
A DUI that involves damage to another person’s property or injury to another person is a compound infraction that requires two defenses: one against the DUI itself and another against the damage or injury caused. The burden is on the prosecution to prove that not only was a person driving under the influence of alcohol or drugs, but also that the damage or injury was a direct result of the DUI. A DUI injury charge can be made more serious if the person suffered great bodily injury, which could result in being charged with a 3rd degree felony.
Any person convicted of a third DUI violation that occurs within 10 years after a prior DUI conviction commits felony DUI. The sentence can be much harsher, including up to five years in prison, a $5,000.00 fine and the mandatory placement of an ignition interlock device for two years.
Courts take all DUIs seriously and substantially increase the penalties for multiple DUI convictions. Being represented by an attorney that has in-depth knowledge of DUI charges dramatically increases your defense to these charges.
Enchanced DUI can be charged as a result of either of these factors:
- Having a blood alcohol level greater than .15%.
- Having a person under the age of 18 in the vehicle during the incident.
Enhanced DUI convictions can lead to double the fines imposed for a regular DUI and increased incarceration times, including up to 12 months in jail.
DUI Manslaughter is, of course, the most serious DUI offense because it involves the death of another person. DUI manslaughter is a 2nd degree felony which can result in up to 15 years of imprisonment and a fine of up to $10,000. A DUI manslaughter charge can even lead to a 1st degree felony conviction if, at the time of the crash, the person knew, or should have known, that the crash occurred and failed to give information or render aid.
The Law Office of Patrick Trese, P.A. has successfully defended many DUI arrests. If you are feeling overwhelmed by the system and want someone who understands how to stand up for you in court, contact us today for a free consultation.