We all have heard the television commercials about how municipalities and the police are cracking down on people who drive under the influence of alcohol or drugs. An arrest for DWI/DUI can have a devastating affect on your life, employment and car insurance premiums.
If you are stopped for suspicion of operating a vehicle (even a watercraft) while under the influence, you will have only 2 choices. Either you take the Intoxilizer Test or you refuse it. There are consequences for both choices.
Taking the "Blow Test" and passing it (a .07 BAC or below) then you’re probably ok. However, if the officer feels that you are on drugs (prescription or those obtained illegally) you may be subject to arrest and blood testing. Even if it turns out that you ultimately are found to not have ingested drugs the experience of sitting in jail all night could be harrowing in and of itself. On the other hand, if you blow a .08 BAC or more, you will be arrested. Believe me, it is no fun. Generally, you are put in a lock up with people who have committed far worse crimes. They are dangerous, filthy, and many can be aggressive. The jailor will be slow to respond to your cries for help in the event you are attacked while in lockup. It is no picnic for the faint of heart.
Now, you can also choose to refuse to take the Intoxilizer Test. The police will tell you that there are consequences for such refusal. Some police may tell you that you are not entitled to refuse the "Blow Test." You do have a constitutional right not to give evidence that could be used against you; however, the police can and will still arrest you! If you think you’re so smart in refusing the "Blow Test" , the police will still conduct a Field Sobriety Test. I promise you that you will fail that and you will be arrested. The prosecutor will have the evidence to convict you based on the Field Sobriety Test alone. The judge does not rely solely on the results of the Intoxlizer Test. He can still find you guilty based on the findings from the Field Sobriety Test.
There are quasi criminal consequences for refusing the Intoxilizer Test. Remember, the issuance of a drivers license is a privilege. The privilege comes with strings attached to it. One of the strings is that your driver’s license can and will be suspended for up to 6 months for such a refusal.
So far, all of the information above seems as though the outcome for a DUI/DWI arrest is rather dismal . It can be, but doesn’t have to be. An attorney who knows how to defend such cases can find loop holes that could bring about a better result for you.
We can promise you that you will never, ever be convicted of a DUI/DWI if you use some very common sense.... don’t drink & drive!!!!!
To those of you who fail to heed this very sound advise, then when you’re arrested PHONE CARDONE at 504-522-3333. Cliff Cardone has over 40 years experience in handling DUI/DWI cases. He has sat as an AD HOC Traffic Court Judge for almost 20 years and knows the Traffic Court System as a former prosecutor, Judge and defense lawyer.
Should you be arrested for DUI/DWI, then your case will follow 2 distinct tracks. On the one hand, you will be charged in Traffic Court with the criminal offense of DUI/DWI. Secondly, you will get an administrative hearing (quasi-criminal) for the suspension of your driving privileges. The Administrative hearing is not automatic. It must be requested in writing. A lawyer will handle both of these proceedings for you.
The whole process from arrest to Judicial outcome including the Administrative Hearing, can take as long as 1 year. It can also be expensive. There are lawyers fees, possible court fees and fines, and possible costs associated with a variety of programs that you may have to attend to comply with Court orders, possible probation and possible jail time. The penalties can be enhanced by virtue of subsequent arrests and/or convictions.
Speaking of expenses, upon possible conviction your car insurance will undoubtedly go up. Additionally, remember we discussed that an arrest and conviction could affect your employment. Well if your driver’s license is suspended you won’t be able to drive to and from work. Potentially you can lose your job. There are ways around all of these harsh and severe consequences for driving an automobile while intoxicated. A good lawyer can assist you in obtaining a Hardship License which will allow you to drive with certain restrictions.
You can avoid all of these terrible life altering consequences if you follow the advice we have previously given to you. Be sensible and don’t drink and drive . As the phrase goes....."Arrive Alive".
If you’re arrested PHONE CARDONE at 504-522-3333.