| DWI / DUI Driving under the influence |
| Reasonable Suspicion: |
| * Did the officer have a legal reason to stop you? The officer cannot pull you over just because he/she feels like it. The officer must have reasonable suspicion or probable cause to believe you have broken the law. |
| *Did the officer have probable cause to arrest you? The officer cannot arrest you without probable cause. The odor of alcohol is generally not enough to satisfy the Courts. The officer may ask you to take various tests such as walking a straight-line, touching your nose, recite the alphabet, etc. The officer may also request you blow into a portable breathalyzer test. You don't have to comply with any of this. The officer will ask you if you have had anything to drink or consumed any illegal substances. You do not have to answer these questions. Based on the officer's opinion, he/she decides if you were probably (probable cause) driving while impaired / under the influence. |
| *Did the officer follow the rules? The officer is required to follow State law after your arrest. The officer must advise you of your rights prior to requesting you blow into the breathalyzer machine (intoxilyzer 5000). He/she must advise you of your right to not blow. In addition to other rights, the officer must advise you of your right to have a witness present for the test, allow you access to a telephone. If you refuse to blow or refuse to give a blood sample you will lose your license for one year even if you're found not guilty. |
| Punishment: |
| * If you are found guilty or plead guilty: The maximum sentence the Judge may impose is 24 months in prison & a maximum fine of $4,000.00 for a non-habitual DUI. Habitual DUI (4th DUI in ten years) carries enhanced punishment in such cases the Judge may impose a maximum sentence of 59 months in prison. |
| *Although no attorney is permitted to guarantee a certain outcome and past performance is never a guarantee for the future, it has been our experience the majority of our clients, who had no reasonable defense and were found or pled guilty (having no grossly aggravating factors) and after following our pre-trial advice & instruction, received no active jail time, no supervised probation, and fines of only $200.00 or less. *Although, the law requires the driver surrender his license for one year, we have obtained privilege licenses usually the same day for the majority of our clients who had a valid license prior to their arrest. |
| SHEFFRON LAW FIRM Attorneys and Counselors at Law |
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