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DUIs in the News.



Busted For DUI, Now What

Erik Schouman

You've had a couple drinks; two beers to be exact. You see the lights in the rear view mirror. The police are signaling you over. Now what? Absolutely the first thing to do is not panic. The first rule of survival in any situation in which you find yourself in perceived danger is do not panic. You pull over. The second rule and perhaps the harder to follow is, do not, ever, argue with any officer of the law. You will never, ever win your point. Not only will you not win, but also you may make things worse for yourself.

You now are told the state you're driving in has a zero tolerance policy for DWI and DUI. The police ask you to do a series of things, walking, counting, and breathing into a tube. Please comply with as little conversation as possible. You couldn't do something, or refused to do something. You are told your drivers' license will be taken. Simply hand it over, do not argue. You should get it back after the end of the suspension or revocation period. You will be required to pay a fine, or fee to the DMV. You may be taken to jail at this point. If, in fact there is no determined reason for taking your license, it will be returned.

Depending on the state in which you live, the police might be able to issue a temporary license. This is, if you have a valid, unrestricted license to start. This will allow you to drive a defined period to get your life in order in case it happens you end up losing your driving privileges altogether. You may also apply, at the DMV, for a restricted license that allows you to drive certain hours to and from work. Usually, if you have no emergency or work reasons to drive you will not be issued a restricted license.

During the stop, for whatever reason, you refused to take a chemical or breathe test, or both. You might skate on this if you requested a urine test for medical reasons, but they have to be very sound reasons. Being a hemophiliac will do, or taking anticoagulant medications. You can't skate on the breath test, sorry. Because of the refusal, your driving privileges may be suspended for up to a year or more even for a first time DWI or DUI stop.

You are now driving on a limited license. This is not the end of it, my friend. This is only the DMV end of it. There is still the matter of criminal court. The DMV is only an administrative body, they shuffle the papers, take the money for licenses. Court will now determine, based on the police report made the night you were pulled over, and police testimony, if there is any mandatory ruling under the state law by which you might be jailed, fined, or both. Also, if there are any other criminal penalties that might be put on you for your actions during the stop.

 

 



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