To further protect yourself from any negative ramifications from choosing not to report your DUI/DWI, it can be very useful to retain private legal representation right away. In other words, hire a good lawyer. Any competent lawyer will tell you not to discuss your case in any way, even that you got arrested, with ANYONE, including your command.
We always say that if your attorney does not ask about your rank (or status as an E-6 for instance and whether you are up for promotion), then that may not be the law firm you want to hire. The Armed Services has regulations that a serviceman is required to report any arrest, and that includes any DUI.
However, in 2009, in a case before the United States Navy-Marine Corps Court of Criminal Appeals Washington D.C., the Court ruled that the requirement was unconstitutional. In that case, a Navy Chief, ( E-7), had been arrested for a DUI/DWI.
The answer is not as cut and dry as your command would have you believe. And whether you hire Dan Smith and Jon Pettis at www. SanDiegoDefenders. com to represent you if you are arrested, you are most likely better off actually retaining a private attorney (or a least a lawyer that has a clue as to Military Regulations).
A DWI charge could be dismissed if it is determined that the officer did not have a reasonable suspicion to pull the vehicle over. If an officer stops a vehicle traveling on a public highway, he/she can only do so if they have a reasonable suspicion that the driver has committed a vehicle and traffic law violation.
If you are charged with a Felony DWI, you have the right to a jury trial with twelve jurors. The District Attorney will announce when they are prepared for trial, 90 days after your arraignment. If you are charged with a felony, the time lapse will be 6 months.
There are two ways to generally beat the rap on a D.U.I. Taking the case to a trial and winning a not guilty verdict (or having the case dismissed on a legal ruling such as the officer conducting an illegal traffic stop).
A first conviction, considered a misdemeanor, will result in a substantial fine, mandatory surcharge, license revocation, and a possible jail sentence. An Aggravated DWI is something else entirely. The state will fine a minimum of $500 and a maximum of $1,000 for a first conviction.
A DWI is reduced to a DWAI through what is called a “plea bargain.” A plea bargain is worked out with a state prosecutor if the circumstances merit it. There are certain circumstances in which you are more likely to be offered a plea bargain than in others.
DUI Penalties in Tennessee 1st Offense – Up to 11 months 29 days in jail, $350-$1000 in fines, DUI School and/or Victim Impact Panel, and possible Ignition Interlock Device (IID). Mandatory 7 days in jail if BAC is over . 20%. 1-year license revocation.
DUI convictions, for instance, can never be expunged, no matter how long ago they were committed. Fortunately, it is often possible to have a DUI charge dismissed if a person was never officially convicted of the offense.
Tennessee DUI lawyers peddling their services are fond of claiming that DUI charges will remain on your record forever. There is no doubt that DUIs can and do have significant consequences. Accordingly, like all criminal charges, DUIs need to be taken seriously.
Penalties for alcohol or drug-related violationsViolationMandatory FineThird AGG DWI in 10 years (D felony)$2,000 - $10,000Driving While Intoxicated (DWI) or Driving While Impaired by a Drug (DWAI-Drug)$500 - $1,000Second DWI or DWAI-Drug violation in 10 years (E felony)$1,000 - $5,00017 more rows
Only a first offense is considered a misdemeanor––subsequent DWIs make the crime a felony. Maximum jail time for DWI in New York include: First DWI in NY: Up to one year in jail. Second DWI in NY: Up to four years in jail.
Applicants with three or four alcohol/drugged-driving-related convictions or incidents within the preceding 25 years, with a serious driving offense, will be permanently denied a driver license, unless there are unusual, extenuating, and compelling circumstances.
Most offenses are classified as traffic infractions or misdemeanors. Certain offenses, however, are classified as felonies. A second conviction for DWI, aggravated DWI, DWAID, or DWAI-Combination within a period of ten years is an E felony.
As a general rule, your DUI attorney will not ask a question unless the answer is important. While it is not important that you are innocent, an attorney cannot knowingly allow you to commit perjury, or lie, on the stand. Therefore, attorneys tend not to ask questions unless the answer is necessary to the preparation of the defense. Some answers are more important than others, such as the answer to the following questions:
If you have been charged with driving under the influence, or DUI, in Nebraska contact the Petersen Law Office 24 hours a day at 402-513-2180 to discuss your case with an experienced DUI defense attorney. Author. Recent Posts.