Don’t Let A DUII Charge Ruin Your Life
A driving under the influence of intoxicants (DUII) conviction can result in a loss of your driving privileges, fines of $1,000 or more and time behind bars. There is also the stigma surrounding a DUII conviction and the expense of getting an ignition interlock hardship driving permit and increased insurance rates. If it is not your first DUII, you may also be facing felony charges and all the limitations on your rights and freedoms that come with a felony conviction. The consequences of a DUII conviction are too serious to try to fight the charges alone. You need to hire an experienced attorney who knows how to fight DUII charges in court.
The Benefits Of Taking Part In The DMV Hearing
If you have been arrested for DUII and either refused a breath test or provided a breath test of .08% or greater, the DMV will attempt to suspend your license. To challenge the proposed suspension, you must request for a hearing within 10 days of arrest. The DMV hearing process can be very beneficial to the criminal case. The hearing is recorded, and the officer must generally appear in person. This recording establishes what the testimony of the officer will be moving forward and can often be used to establish the foundation for the successful defense of the criminal DUII charge.
Additional Criminal Charges Associated With DUII
One of the reasons why DUII cases can be so complex is that there are many different legal issues involved. Often, a person will be charged with other offenses in addition to DUII. Some of the most common include:
- Reckless driving
- Recklessly endangering another person
- Assault (of various degrees depending on the circumstances and injuries)
- Other traffic violations
If there was a physical confrontation with a police officer, a person could face charges of resisting arrest or assaulting a public safety officer. Each additional charge carries potential penalties and collateral consequences.
Diversion is one of the most commonly misunderstood resolutions to a DUII case. Successfully completing a diversion agreement will result in the criminal charge of DUII being dismissed. However, a record of the case remains on a person’s permanent criminal history. In general, a diversion agreement has affirmative requirements that a person must complete to have the case dismissed. Also, there are things that a person must refrain from doing for the duration of the diversion agreement. Diversion generally lasts 12 months from the date of entry, although extensions can be allowed under specific circumstances.