What to expect if it is your first DUI
Generally, if this is
your first DUI, and you have only had one drink, then it is a safe bet to go ahead and blow. First of all, you should be under the limit of 0.08 BAC. Your case may more easily be reduced to “reckless driving” if you are under a 0.08. If you are over a 0.08, a person convicted of first-time DUI is allowed to request an affidavit of a first conviction, which under general circumstances will result in a limited permit to get to and from work and school for the first 120 days after a plea. Thereafter, you can reinstate your license after paying a fee and showing proof of completion of a Risk Reduction class.
A second or subsequent DUI is VERY serious
If it is your second or later DUI you will likely receive no benefit of the doubt in your case and a conviction will likely result in a much stiffer penalty. You will not be entitled to a limited permit, and you will lose your license for a year. In that case, if you are above a 0.08, it’s often better to not blow, thereby denying the State a crucial piece of evidence for a conviction. Unfortunately, a DUI is one of the few charges where the State is allowed to tell the jury about your past history. The jury will know about your prior DUI convictions and pleas.
Follow these steps if you get arrested for a DUI
The officer will read a script from his age-appropriate implied consent card if you are arrested for DUI. That script will include language which allows you to request a blood test to confirm the alcohol concentration. This is a right you have under the law but understand: (a) it is at your expense, and (b) the right exists only AFTER you have submitted to the test requested by the officer, which is almost always the breathalyzer test. Do not refuse to submit to the breath test with the expectation that you can do a blood test instead.
As you wrap up your Thanksgiving day feast or office holiday party, try to avoid
drinking and driving. Let us all have a happy and safe holiday. If you do drink, call a cab, Uber, Lyft, or ask a friend to drive. However, if you do find yourself facing a charge of DUI, know that you can call Rohan Law. We have the experience and knowledge to help you through the process and help you achieve the best results. Call us at (404) 205-8922 or book your consultation online here.