Imagining what would happen after being charged and convicted of a DUI is never a fun thing to think about but it is better to be prepared and know what to expect to prevent from being caught off guard. When facing traumatic situations like getting a DUI it will help you if you had an idea what to expect. First of all, when thinking about being pulled over for a DUI you might expect the police officer to read you your Miranda Rights, that would most often be an inaccurate expectation. The police officer is only required to read you your Miranda Rights when they are interrogating you. After they pull you over, they will use a breathalyzer to measure the blood alcohol content in your system. If the BAC (blood alcohol content) exceeds over .08% they have cause to arrest you for a DUI. They will more than likely pat you down while searching for concealed weapons and contraband. Then they will put handcuffs on you and then transport you to the local municipal detention center. When you are at the detention center, your personal items will be held in holding. They will usually allow you one phone call. After that, you will get booked. The process of getting booked consists of taking your fingerprints, getting photographed for a mugshot, and accessing identifying marks such as tattoos.
Sometime after the arresting process is finished then you will be scheduled for an arraignment. Your arraignment usually takes place early in the next morning unless you were arrested on a weekend, then it will take place that Monday morning. Arraignments only take place on weekdays in most cases. During the arraignment hearing the judge will officially charge you with the DUI and determine the price of your bail. Once the arraignment hearing is over, you return to the pre-trial detention center until someone pays for your bail. The pre-trial detention center is the place you stay until someone posts your bail or until your court date. The court date can take a long time it could take between weeks and months to wait for your court date. That is why it is imperative to understand all about bail bonds services.
Once you are facing DUI charges, you will require a bail bond advocate. A bail bond advocate, also known as a bail bondsman (or a bail agent) is the agency or person who takes over the bail in exchange for collateral of some kind.
If you do convicted of a for the DUI the consequences are:
- Prison Time
- License Suspension
- Mandatory use of IID (Ignition Interlock Device)
- DUI Classes
One of the big factors in charging the offender when sentencing bail and prison time the judge will consider will be if the offender has any priors. Even as a first offense, it is possible to face prison time. Most of the time the judge is lenient on the offender and the judge will offer probation instead of jail time.
Another consequence of a DUI will likely be a license suspension. Typically, if this is your first offense you will most likely be sentenced a six-month license suspension. If it is proven that you had a blood alcohol concentration of .08% or over The Department of Motor Vehicles also will issue a four-month administrative suspension on top of your license suspension. It is possible if the two suspensions are imposed they can overlap. As a first time offender an option is to apply of a restricted license so you can drive to and from places like work and school. If you are able to get a restrictive license, you will have to use an ignition interlock device. The ignition interlock device will measure if there is alcohol in your system. If there is alcohol in your system it will detect this and lock your vehicle’s ignition so it will not run temporarily. Testing usually occurs randomly. Even if you opt out of applying for a restrictive license you will likely still be required to install the ignition interlock device for at least six months after your license is reinstated.
Another possible consequence of a DUI is probation. Some requirements of probation are thirty hours of three months DUI school, unless your blood alcohol level was .20% or more you would have to enroll in a DUI school program for nine months and sixty hours of class time.
Which is worse DUI or DWI?
DUI stands for Driving Under the Influence while DWI is Driving While Intoxicated. The main difference between differs between states. Some states refer to DWI as meaning that the BAC level are above the legal limit and DUI means driving under the influence of alcohol or drugs.
Is a DUI a criminal offense?
Yes. It can be a misdemeanor or a felony depending on the severity of it and if it is the first offense. If it’s a first offense, it will be a misdemeanor.
Do I need a lawyer for my first DUI?
If there is evidence of your innocence, then getting a lawyer would be the way to go but your first DUI is usually a misdemeanor and the sentence is usually standard and there isn’t much a lawyer can do.
Is it Possible for my first DUI to be Dismissed?
If there is no probable cause found in the evidence then the DUI case can get dismissed. Even though they can be relatively lenient on you for your first arrest, especially if you were not convicted of any other crimes, you still face severe consequences for a DUI.
If you are in need of a DUI bail bonds in New Bern, NC give us a call today at (252) 671-2297.