You Should Be Represented By an Attorney during the Administrative Review
On a 1st DUI arrest, your privilege to drive is suspended when you either blow above the legal limit or refuse to blow after a police officer has determined that there is probable cause that you were driving under the influence. Your ticket is generally a ten day temporary permit. The demand for a review must be filed within ten days of your arrest, or you will be unable to obtain a hardship license for at least 30 days on a breath reading over the legal limit .08 or for 90 days on a refusal to submit to the breathalyzer. Similar rules apply to the refusal of urine or blood. With an attorney, you will most likely get a 30 to 45 day temporary permit. It is not unusual for an experienced attorney to be able to set aside the administrative suspension, resulting in you getting your regular license back. With an attorney on your side you will have additional time to arrange for alternative transportation in the event that the administrative suspension is affirmed.
You Need an Experienced Attorney to Help Evaluate The Case
There are frequently options available other than just pleading guilty to a first time DUI. A tremendous benefit of having an experienced DUI defense attorney on your side is the fact that you generally do not have sufficient knowledge and experience to review the police reports, the maintenance records of the breathalyzer for facts or circumstances that may give rise to a motion to suppress evidence (meaning a motion asking the court to prohibit the prosecutor from using evidence against you that would otherwise be damaging to you and your defense) and in rare circumstances a motion to dismiss a case. While you most likely have the ability to view a DUI video of an unknown person and be able to observe factors that suggest impairment, it may be difficult to remain unbiased when viewing a video of yourself or a loved one.
You Need an Experienced Attorney to Help Prepare for Court
After evaluating your case with the assistance of an experienced attorney, you need the attorney's advice and help to decide the best way to resolve your case in court, whether this is by pleading guilty to a reduced charge, fighting the case with legal motions, by trial before a jury or a judge or by pleading guilty as charged to minimum sanctions allowed by law. While most people end up pleading guilty to their first time DUI with minimum sanctions, there are things that you can do prior to court that will allow you to almost eliminate the required probationary period or substanstially reduce it. Your chances of avoiding the serious consequences that follows with a DUI conviction are significantly increased with the assitance of an experienced criminal defense attorney who is current in the latest changes in the laws of DUI defense.
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