What to do after a 1st Offense DUI

What to Do After a First Offense DUI – A Helpful Guide

Getting a DUI (driving under the influence) is never a good situation. But if it’s your first offense, try not to panic too much – there are steps you can take to protect your rights and minimize the consequences. Here’s a helpful guide on what to do after that first DUI arrest.

Stay Calm and Know Your Rights

First thing’s first – take a deep breath. A DUI is definitely serious, but it’s not the end of the world, especially for a first timer. The most important thing is to not make the situation worse by losing your cool. Remember, you have rights, like the right to remain silent and the right to an attorney. Don’t try to talk your way out of it or explain yourself to the cops – that can just give them more ammo against you. Just stay calm and polite, and ask for a lawyer as soon as you can.

Find Yourself a Good DUI Lawyer

Speaking of lawyers, getting quality legal representation should be your top priority after a DUI arrest. Don’t try to handle this yourself – DUI laws are crazy complicated, and having an experienced DUI attorney on your side can make a huge difference.

What Makes a Good DUI Lawyer?

Specializes in DUI cases (not just a general practice attorney)
Has a track record of getting DUIs reduced or dismissed
Is affordable and transparent about fees upfront
Makes you feel heard and is easy to communicate with
Has good reviews from past DUI clients

Request a DMV Hearing ASAP

In most states, getting charged with a DUI means an automatic license suspension or revocation – unless you request a hearing to contest it. And you only have a short window to make that request, usually 10-15 days max after the arrest. So one of the very first things your DUI lawyer should do is request that hearing from the DMV (Department of Motor Vehicles) or whatever your state’s equivalent is. This hearing is separate from your actual court case, and just deals with your driving privileges. At the DMV hearing, your lawyer can present evidence and argue why you shouldn’t lose your license yet. Maybe there were issues with the breathalyzer test, or perhaps you weren’t actually over the legal limit. If the hearing goes your way, you could keep your license until the court process plays out.

Understand the Court Process

Once you have a lawyer handling the DMV stuff, it’s time to start preparing for the court side of things. Here’s a basic overview of what to expect from the court process after a first offense DUI:

Arraignment

This is your first actual court appearance, where the charges against you are formally read. Your lawyer will enter a plea of guilty or not guilty on your behalf. For a first DUI, most lawyers advise pleading not guilty to start, as it gives you more options down the road.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

Pre-Trial Phase

After arraignment, both sides will engage in discovery and negotiations. Your lawyer will review all the evidence against you, look for holes in the prosecution’s case, and see if there are any grounds for getting the charges reduced or dismissed entirely. The prosecutor may offer you a plea bargain during this phase – for example, pleading guilty to a “wet reckless” charge instead of the DUI. Your lawyer will advise if this is a good deal or if you have a strong case to take to trial.

Motion Hearings

Depending on the circumstances, your lawyer could file various pre-trial motions, like a motion to suppress certain evidence if they believe your rights were violated during the DUI stop or arrest. These hearings decide what evidence is admissible for trial.

Trial or Plea

If no plea deal is reached, your case will go to trial, where a judge or jury will determine if you are guilty or not guilty of DUI based on the evidence presented. Or you may choose to accept a plea bargain and plead guilty to lesser charges to avoid trial.

Sentencing

If you plead or are found guilty, you’ll be sentenced by the judge based on your state’s DUI laws and any aggravating or mitigating factors in your case. Possible penalties include fines, probation, license suspension, ignition interlock requirement, DUI school, and even jail time (though rare for a first offense DUI with no aggravating factors).

Potential Defenses for a First DUI

Just because you were charged and arrested for a DUI doesn’t necessarily mean you’ll be convicted. There are many potential defenses your lawyer may be able to use to get the charges reduced or dismissed, such as:

Challenging the reason for the traffic stop (no probable cause)
Issues with the field sobriety tests (improperly administered)
Problems with the breathalyzer or blood test (inaccurate results)
Rising blood alcohol level between driving and testing
No actual impairment (even if over the legal limit)
Mouth alcohol contamination causing false high reading
Your lawyer will investigate every possible angle to poke holes in the prosecution’s case against you. The goal is to create reasonable doubt that you were actually driving under the influence.

What If I Was Over the Legal Limit?

Even if it seems like an open-and-shut case because you were over the 0.08 legal limit, that doesn’t mean you’re automatically guilty. There are still defenses like:
The breathalyzer was improperly calibrated
You have a medical condition that causes false high readings
You weren’t actually impaired at the time, despite being over the limit
Don’t just assume you have no chance – let your lawyer do their job and explore all possible defense strategies.

Potential Penalties for a First DUI

Of course, the best outcome is getting the DUI charges dismissed or reduced to something less serious. But if you are convicted of a first offense DUI, here are some of the typical penalties you may face:
Fines ranging from $500 to $2,000
3-12 months of probation
License suspension for 6-12 months
Requirement to install an ignition interlock device
Mandatory attendance at a DUI education course
Possible short jail sentence (though unlikely for a first offense with no aggravating factors)
The exact penalties depend on your state’s DUI laws and the specifics of your case. A good DUI lawyer can often negotiate for reduced penalties, especially for first-time offenders.

Potential Collateral Consequences

It’s not just the court-ordered penalties you need to worry about either. A DUI conviction can have all sorts of collateral consequences that make life more difficult, like:
Increased car insurance rates
Trouble finding employment or housing due to background checks
Immigration issues for non-citizens
Problems getting into Canada or other countries
Possible loss of professional licenses
So even if you avoid jail time, a DUI can still really mess up your life in ways you may not expect. Having an experienced DUI lawyer in your corner is crucial for avoiding or minimizing these collateral damages.

The Importance of Substance Abuse Treatment

While your lawyer focuses on the legal side of things, it’s also important to take an honest look at your relationship with alcohol or drugs after a DUI arrest. Even if it was just a one-time lapse in judgment, the court may require you to attend substance abuse education classes or counseling. But beyond just checking a box for the court, getting a substance abuse evaluation and following through with any recommended treatment is a wise move. A DUI could be a wake-up call that you need to make some lifestyle changes regarding alcohol or drug use. Addressing any underlying substance issues head-on shows the court you’re taking responsibility. It can only help your case, and more importantly, it’s an investment in your own wellbeing moving forward.

Potential for Getting a DUI Expunged

If you are convicted of a first offense DUI, it will go on your permanent criminal record. But that doesn’t necessarily mean it has to stay there forever and haunt you for life. Many states allow you to apply for expungement of a DUI conviction after a certain period of time has passed (usually 5-10 years) if you completed all terms of your sentence and had no other criminal issues. It’s not a total erasure, but an expungement can:

Restore certain rights and privileges
Allow you to legally answer “no” to questions about prior convictions on job/housing apps
Remove the DUI from most public background checks
The expungement process varies by state, but your DUI lawyer can let you know if and when you may be eligible to get that DUI conviction off your record.

Hire the Right Lawyer and Learn From Your Mistake

At the end of the day, the outcome of your first DUI case depends heavily on having a skilled, experienced DUI defense attorney on your side from the very start. Don’t try to navigate this legal minefield alone. A good DUI lawyer can make all the difference in avoiding a conviction, minimizing penalties, and putting this mistake behind you as quickly as possible. So do your research, read reviews, and find a DUI attorney you have full confidence in. Getting a DUI is an expensive lesson, but it’s one you hopefully only have to learn once. If you take it seriously, get the help you need, and commit to never driving impaired again, a first offense DUI doesn’t have to derail your life permanently. Stay positive, follow your lawyer’s advice, and keep looking forward.