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I Got A DUI, Now What?

As you see the blue lights in your rear-view mirror, you probably suspect that you will not be walking away from the scene without some type of citation or ticket. After you drink and drive, you may receive a DUI/DWI, especially if the officer decides to perform a field test. If you have not been drinking heavily, then the officer could write a ticket and let you leave the scene by calling a friend or family member to come get you and the car. If there is someone else in the car who has not been drinking, then there is a possibility that the officer will let that person take the car home. However, in the unfortunate event, you are driving alone, your car could be impounded, and you will need to find another way to get home after being taken into custody and processed at the police station.bigstock-Accident-Perpetrator-During-Br-134612498-2

If you fail field sobriety tests, then chances are the officer will take you to jail and then issue the ticket. You will probably only be in jail for a night so that the alcohol has a chance to get out of your system. One of the first people you should call when you get out of jail is an attorney. You will be given a court date, and if you don’t go to court, a warrant for your arrest will likely be issued. When you go to court, there are a few things that could happen. If you have not been in trouble with the law before, the judge might make you pay fines or place you on probation. You could have to take some type of drug and alcohol class. As your encounters with law enforcement increase, the leniency from the judge will decrease. It is possible to lose your license or be sentenced to a jail term if you are convicted of DUI/DWI charges.

The best thing to do may be to contact an attorney so that he or she can tell you what to do in the event you have received multiple tickets. The attorney can talk to the prosecutor to see if there is any type of plea bargain available. This could get your sentence reduced so that you are not in jail.

Nebraska Man Sentenced To 36 Months For DUI

Nebraska is well-known in the United States as one of the states that is the harshest on DUI offenders. Nebraska judges don’t mix words when they hand out some of the toughest sentences to be found in the country. A Lincoln Nebraska man found that out recently when he was sentenced for his March 29th DUI charge. Cass County District Court Judge Michael A. Smith handed Frederick C. Baxter a 36-month sentence for his felony DUI charge. He’s already served 153 days of that sentence in the Nebraska Department of Corrections.

The Cass County Nebraska judge is one of the most feared judges for any DUI offender. 45-year-old Baxter found that out very quickly during his sentencing. Calling Baxter a “danger to society,” he handed down the sentence even though Baxter’s defense team had argued for a probationary period. The judge decided to ignore that suggestion and instead sentenced Baxter to 36 months in prison.

The sentence stemmed from an incident on March 29th when Baxter was pulled over on I-80. This wasn’t Baxter’s first brush with a DUI charge. He was already on release supervision after a DUI arrest in Lancaster County where he had served a total of 18 months for a DUI for a 2015 DUI charge. His bond was set at $50,000.

County Attorney Rick Fedde prosecuted the case. Baxter’s blood alcohol concentration at the time of his arrest was .229, well over the legal limit. Baxter has 5 DUIs in his lifetime, though thanks to reductions, it counted as his third. This is a common method of courts to give offenders yet another chance to turn their lives around and perhaps get some help instead of another DUI. For Baxter, the leniency just hasn’t worked. Fedde also described a “significant criminal history” for Baxter that may have contributed to the harsher penalty. The state argued that Baxter was a danger to the public and the judge readily agreed during sentencing, ignoring the request for probation instead of imprisonment.

As the defense pointed out, Baxter has had a lifetime of alcohol and substance abuse problems that contributed to this DUI. They strongly favored another probationary period for Baxter but the request fell on deaf ears with the judge. Baxter himself pleaded for probation, too, saying that since he was 15 years old he’s had substance and alcohol problems that have sent him to prison numerous times. He argued that this time he was ready to change. He’ll still have the opportunity to change but it will be during another 36 months in jail.

Judge Smith listed many things as contributing to the harsh sentence. First were the prior DUI convictions, the lengthy criminal history, and the high BAC level at the time of the arrest. He did say that he hoped Baxter would find the help he needs during the probationary period of 18 months that will follow the imprisonment. The sentence will be served concurrently with the 200-day sentence from the Lancaster County incident. The new DUI was a violation of the terms of that probation and Baxter was right back in court on another DUI.

This case emphasizes many of the points made on sites like DUIwise. The <a href=”https://duiwise.com/dui-cost/”>cost of a DUI case can be exceedingly high not just financially but personally</a>. Not only will Baxter face massive jail time for his DUI but he also had to pay for the services of a good DUI lawyer. Keep in mind that paying for that lawyer probably saved him, even more, prison time. Without a good DUI lawyer, Baxter probably could have faced many more years in jail and even steeper fines.

Someone who is charged with multiple DUIs will inevitably face more jail time than a first time offender. A chronic offender like Baxter will often benefit early on from lawyers who can reduce the charges. For example, Baxter has had 5 DUIs in his lifetime but he only has 3 on record. This is the result of having had a good lawyer at some point in his past. Even on his 4th real charge, Baxter received probation. Sites like DUIwise help people like Baxter get the legal help they desperately need in these cases.

As you can see from the 36-month sentence, the price for a DUI is extremely high, especially in states like Nebraska. If you’re arrested anywhere in Nebraska for a DUI, chances are that you’re going to face a much steeper penalty for that DUI, and judges in Nebraska are not shy about dishing out jail sentences for DUI. The philosophy is that by handing out punishment like fines and jail, an offender will eventually get the help they need before they seriously hurt themselves or someone else on the road. A DUI charge is still much less than what could happen in you drive drunk and kill someone on the road, so Nebraska judges take a very hardline approach to DUI crimes.

DUIwise.com strives to help DUI defendants find the legal help they need before it’s too late and they do hurt someone on the road or end up in prison. Good lawyers will work with prosecutors and judges to ensure that the person charged with a DUI gets help instead of jail time. Often these lawyers can have the charges reduced or even thrown out altogether. Without a good lawyer, though, someone in Nebraska is facing an uphill battle against Nebraska judges.

Baxter will immediately continue serving his time in the Nebraska Department of Corrections. As he’s admitted, he has a lifetime of substance abuse and alcoholism, beginning at the young age of 15. What he remembers most is that he’s spent time in jail since then. One can only hope that with this new chance to stay off the roads, Baxter will face the substance abuse that continues to hinder him from living a productive, happy life. Maybe this time will be the time that Baxter looks at his substance abuse and finally turns his life around for the better.

DUIwise South Carolina.

As per the statistics from the Centers for Disease Control (CDC), over four thousand people die due to drunk driving accidents in South Carolina. The statistics are for years between 2003 and 2012. The most vulnerable group are people between the ages of twenty-one and thirty-four. The numbers paint a picture so glum sending shivers down the spine of other road users. About 1.4% of the people in South Carolina report of driving or having driven under the influence.

Such a glaring and startling revelation is a warning to each one to exercise extreme caution while on the roads. Always be on the lookout for any signal of intoxication among other drivers on the road. While you are driving, pay close attention to individuals driving at high speed, making erratic movements or swerving. On seeing such, it is of utmost importance that you call 911 for assistance and keep your distance. Such an action may save someone’s life.

In South Carolina, it is illegal to drive with 0.8% or above Blood Alcohol Concentration. There are lower limits for drivers under twenty-one and heavy commercial vehicle drivers. Sobriety checkpoints are the norm on the road in South Carolina these days. In cases where a driver causes an accident under the influence, the driver is liable under the theory of negligence per se. The driver is guilty of the injuries arising from the crash. The victim doesn’t necessarily have to prove negligence in courts as long as the driver failed the sobriety test.

What to do at a checkpoint

Getting arrested or stopped for drunk driving isn’t a pretty sight. You may be harassed or even manhandled by the police officer in some instances. When stopped by a police officer at a checkpoint, it is prudent that you pull over and stop at a safe side of the road. Always comply with police officers instructions about getting out of the car and giving him your driving license. You are under no obligation to answer any other questions that aren’t related to the issue at hand. Nevertheless, total compliance is of great value in this case. It isn’t mandatory for you to comply with the tests.

The officer will ask you to perform a roadside sobriety test and blew into a handheld breathalyzer machine known as the AlcoSensor. You need to do as requested, a charge sheet is filled and given to you. You can either be accused of drink driving or arrested for the same. In any eventuality, it is advisable you get in touch with an attorney or a public defender will be provided just in case. Getting in touch with a good defense attorney is essential in this case. The attorney will assist you to understand how the law applies to your case. He will advise on action to take, and in some cases, he may be able to negotiate a plea bargain for a lower charge of reckless driving.

Consequences of drunk driving

At DUIwise.com we provide you with facts about drunk driving including outcomes and other helpful information. South Carolina is one of the states with the toughest laws against DWI/DUI. The sentences to each offender vary from DWI Level one to five. The misdemeanor level one indicates a very dangerous offender while level five is a minor offender. Penalties for the offense can either be Administrative or Criminal penalties.

The South Carolina Department of Transportation imposes administrative penalties. Imposing administrative penalties to first-time offenders is the law in South Carolina. In this case, revocation of the driver’s license happens, and this can be a civil suspension at the time or arrest or a criminal suspension after conviction.

A driver who refuses to undergo a breath test at a checkpoint or has a BAC of 0.8% or higher may get an immediate thirty days license revocation. After a judge hears and determines the case, irrespective of the outcome, the driver gets a one-year suspension. Though, in this case, the driver may be given limited driving privileges after a mandatory six month period. On conviction, the driver’s licenses are revoked for one year with limited opportunities available after ten days. He is allowed to drive at certain hours for work purposes. Reinstating of the licenses is only possible when the offender undergoes drug and alcohol test plus treatment.

The courts impose criminal penalties to an offender. The penalties vary from level one to level five. They range from jail time, fines, substance abuse treatment or probation. Jail time varies but is always between 24 hours to 60 days for level five up to two years for a level one offender. Fines, on the other hand, range from $200 to $4,000 also from level five to level one respectively. A judge can grant Probation instead of jail time for offenders of level three to five. The probation may include limited jail time, or community service and participation in an alcohol and drug evaluation program. A judge isn’t allowed to grant probation to level two and one offenders under South Carolina laws.

The DUIwise site shows that driving under the influence will not only land you in jail but also lead to deaths and permanent injuries. These aren’t selective; they affect both the offender and the other road users.

Drunk driving is a dangerous phenomenon and requires the concerted efforts of all parties involved. Some of these strategies can help reduce or prevent DUI accidents: drunk driving laws, sobriety checkpoints, ignition interlocks, multi-component interventions, mass media campaigns, administrative license revocation or suspension laws, alcohol screening and brief interventions and school-based instructional programs. Each of these approaches will require different resources for implementation and have varying levels of impact.

In a nutshell dedicated efforts are leading to a reduction in the rates of drunk driving and alcohol-involved fatal crashes in recent years. Nevertheless, this isn’t the end of the road; this menace needs to come to an end. Though victims get compensated, money isn’t to the life of a person killed by a reckless, negligent and reckless behavior of one another.

Missoula Man Faces Time After 6th DUI Charge

A man in Missoula was recently charged with a disturbing 6th DUI charge. The man, Taylor Roberts, faced a hearing with presiding District Court Judge Robert Deschamps. The exchanges involved in this court hearing demonstrate just how seriously that judges take a DUI offense, especially one that ranks as the second or more offense. Felony DUI offenses aren’t as common as misdemeanor DUI charges in Montana, so a judge looking at someone who managed to pick up a 6th DUI is exceedingly rare.

The circumstances surrounding the 6th arrest were indeed shocking, both to judges and to police officers in the case. Taylor Roberts was approached while he was intoxicated and starting his car in downtown Missoula. This was after an alert Uber driver noted the intoxicated man getting behind the wheel of a car. Concerned for public safety, the Uber driver alerted the police.

Once on the scene, things quickly escalated. 37-year-old Roberts not only refused to turn off the vehicle but crashed into a parked car just in front of him. Nathan Griesse, the officer on the scene, described trying to open Roberts’s door, only to be bitten by a dog in the back seat. This frightening scene was played out in court thanks to graphic descriptions by the terrified officers.

Still not stopping, Roberts then backed into the parked patrol car behind him. Officer Jerry Odlin was able to finally get Roberts to stop by pepper spraying him. The dog was also pepper sprayed. Serious cases such as this most definitely qualify as “felony DUI” which is much more serious than misdemeanor DUI charges. The result of the hearing was the judge issuing some very strong words for Roberts and making sure that he got more than a slap on the wrist for the offense.

Roberts accepted a plea agreement whereby he admitted a felony DUI charge and also admitted guilt to several misdemeanors: Careless driving, negligent endangerment, and obstructing an officer. The original plea agreement would have put Roberts behind bars for 13 months in the Montana Department of Corrections. That was to be followed by a five-year suspended sentence. The judge had other ideas.

Calling Roberts a “genuine menace,” he retorted, “I mean I might as well give him a hearty slap on the wrist and send him on his way.” Deschamps was shocked by the facts of this case and wanted a harsher penalty for Roberts. His objection was to the area of the plea that called for the total sentence to run concurrently to a sentence in Ravalli County, where Roberts had already received a two-year sentence with the DOC.

What the correction by the judge means is that Roberts will have a total of 10 years probation instead of just 5. Roberts didn’t seem to acknowledge the severity of the situation and stated that he would be leaving Montana as soon as he was out of corrections. The judge snapped back. “You’re not going anywhere until your probation officer says you can.”

This case demonstrates some important facts about DUI cases. Keep in mind that even for a 6th offense DUI, Roberts did not see the significant amount of jail time one might have expected him to receive. His lawyers had plenty of room to question the facts of the case, especially since Roberts was not yet driving when he was approached. This can sometimes reduce the sentence or call into question the DUI in general. While it’s certain that a person with a 6th offense DUI needs to receive jail time, license suspension, and high insurance rates, you’ll notice that the offender did receive less jail time than someone might think one would get for a 6th offense DUI.

As a perpetual offender, the jail time is often gradually increased over time. Websites such as DUIwise help defendants of DUI charges understand how to beat the DUI charges uses the services of lawyers. DUIwise.com contains helpful information about the seriousness of DUI charges and other topics. The purpose? To help people charged with a DUI understand that they DO have legal options.

So often people who are charged with DUI simply give up and plead guilty the day after they’re arrested. This is an unfortunate fact. As good DUI lawyers know, every DUI is unique and contains circumstances that might allow for a dismissal or reduction of the charges. Even in worst case scenarios like those faced by Roberts, an experienced and passionate attorney can step in to make sure that the person who is pleading guilty is treated fairly before the law and given their best chance to avoid another DUI in the future.

Taylor Roberts will face jail time after this 6th charge, but he will eventually be released and given yet another chance to clean up his act. With the help of a good lawyer overseeing his behavior after release, Roberts has a much better chance to meet the terms of his probation and rebuild his life for the better. Alcoholism and problem drinking is a tragedy in any society. Good people quickly become bad people who don’t seem to understand the pain and danger they hand out to society.

A good DUI lawyer like those represented on DUIWise knows how to help their clients not just during the DUI bargaining phase and/or trial but also as they complete the terms of their probation. Roberts’s future may be uncertain right now but if the outcome of his case is any indication, it’s obvious that he has a good chance of getting out in a few years and perhaps turning his life around. A good DUI lawyer will answer all of his questions during his probationary period and help him complete all of the requirements of that probation. While judges, in this case, were rightly concerned and firm, with the help of legal representation, Roberts was able to avoid a much stiffer penalty that might have put him behind bars for a very long time indeed. As for whether or not this “genuine menace” turns his life around, time will tell.

Public official sentenced to probation after first DWI charge

A Maryland public official was sentenced to one year of probation after pleading guilty to a charge of driving while impaired. It was determined that the Charles County commissioners’ vice president would be supervised for the first three months of his sentence and barred from operating a county vehicle for the next three years. Upon successful completion of the probationary period, the DWI conviction would be expunged from the man’s record. He was expected to run for Charles County commissioners’ president in the next election.

The incident that led to the charge for drunk driving took place on Jan. 30 at approximately 8:35 p.m. While traveling in a sedan along St. Charles Parkway, the man was pulled over by a Charles County sheriff’s officer. According to the officer, the man was seen driving onto the shoulder of the road. The officer also claims that the man had bloodshot eyes and a strong alcohol odor on his breath.

In court, the man mentioned that the incident marked the first time that he had been in any kind of trouble. Following his detainment, he explained to a local reporter that he had made the mistake of driving after a family dinner that included wine. According to reports, when he was stopped by his home and office, the man was given a breath test and found to have a blood-alcohol content of .10 percent.

The man, in this case, may have received a reduced sentence in part because of his status as a first-time offender. After being charged for DWI, a person with an otherwise clean record may be able to work out a similar plea deal in order to avoid spending time behind bars and having a conviction on their criminal record permanently. While negotiating a plea bargain with the prosecution, a criminal defense attorney may point to certain mitigating factors, such as the defendant’s cooperation with the arresting police officer.