We will be featuring a series of blogs that discuss and outline a variety of criminal charges. Half of the blog will be from the client’s perspective. The other half will be the attorney’s analysis and suggestions. We hope these articles help answer questions you might have about either your own situation or about the crime in general.
I am Billy’s First DUI:
Crap. Crap. Crap. That’s the police behind me. I KNEW I shouldn’t of driven Kelly home after the party. Hell, I had more to drink than she did, but she had already passed out twice. Crap. There goes my scholarship. Mom will be pissed. Dad will be…..I don’t even want to think about what Dad will be… What do I say???? Here comes the Officer. He wants me to roll down the window. Uh, yeah, here’s my driver’s license and insurance. Yes. I will wait. Thank you Officer. Crap. Crap. He’s coming back. Uh, yeah, I had a few drinks, about two hours ago. I drove my friend home because she was drunker than I am. Why did you stop me? No tail light??? I just had that fixed last week. Wow. Sure, I will take the field sobriety test. Uh, sorry, I’m a little clumsy when I drink. Breathalyzer? What’s that? OK. Blow here? What does “.20 “ mean? YOU’RE TAKING ME TO JAIL? WHAT ABOUT MY CAR? IMPOUND? I WANT MY LAWYER!!!!!
From “The Suit”:
No good deed goes unpunished. Don’t be the DD (Designated Driver) if you’ve been drinking. I know taxis are expensive, but a DUI is MUCH more expensive and time burning and a HASSLE. (Try Uber!)
There’s a bondsman. (If you’re lucky, sometimes, on a first time DUI, there’s not a bondsman.)
There’s a visit (or two) to the lawyer’s office. Bond is usually, like in the $150 -$250 range. The lawyer, much more! Then you have to take off work and go to court. More than once…
If you pay your lawyer, and you didn’t have a wreck, hurt or kill anyone or their dog, or end up parked in someone’s living room (Hey, it happened!), then you’ll probably be put on some kind of probation (after SEVERAL court dates). And then the fun begins: Appointments with counselors. Classes where the door shuts RIGHT AT start time! (Don’t be late!) Peeing in a plastic cup with that guy/girl watching….. And there really isn’t anything quite as satisfying as Community Service: working for someone for free so they’ll sign your paper and you can take it to the judge.
There’s a lot of if’s, but IF you don’t have any priors, and IF you do everything you’re supposed to do, and IF you’re in front of the right judge, with the right Prosecutor, the charge might be dismissed and after some follow up work by you (and your attorney, for MORE money) it could come off of your record.
So let’s go back to that officer on the street: Don’t admit to having had “a couple” of drinks. EVERYONE says “a couple”. The officer hears “I’ve been drinking”.
The same goes for Marijauna. When the officer says, “I smell marijuana.”, don’t say “Well, I smoked some yesterday.” What the officer hears is “I’ve been smoking marijuana.” Say ”I don’t know how you could” or “Interesting.”
The choice of blowing in the machine is up to you. It’s a difficult choice: If you refuse to blow in the machine, your driver’s license is automatically suspended 180 days. If you DO blow in the machine and you’ve been drinking, you could provide the police proof that you’re drunk or blow over the Really Bad Limit (BAC .15) and get charged with Aggravated DUI. At least now you know what your options are.
As I always say, Don’t say nothin’ without your attorney.
Cop: “Have you been drinking?”
Cop: “I can smell it.”
You: “I don’t know what you mean.”
Don’t admit to Nothin’!
How a first time DUI is handled, both at arrest and by your lawyer can affect you for many years to come. At Robert B. Carter, Esq., we understand that a first time DUI is a serious matter. And we treat it as such. Our job is to try and set you up for success now and in the future. Give us a call if you’ve been arrested for ?DUI (or any other charge in Oklahoma) and we’ll sit down and work it out. Robert B. Carter, Esq., (405) 236-1800. We know what to do!