If you have been charged with a DUI, it is essential that you discuss your legal options and what you can expect with an experienced DUI attorney. Many attorneys take on DUI cases, but not all are as dedicated or, importantly, as experienced as others. Your DUI charge is not something to ignore or take lightly, and the team at O’Flaherty Law can help you get the best possible result if you have been charged with a DUI. There may be a possibility of getting the charge reduced or even dismissed altogether, and an attorney who is experienced with DUI law will be able to tell you what your chances are. If it is a repeat offense or significant damage related to the DUI, you could be charged with a felony depending on your jurisdiction. Don’t go to court alone, take an experienced DUI attorney with you to ensure you are protected.
A DUI conviction can stay with you for years, and it is important that you have the best possible defense. What makes O’Flaherty Law different from other experienced DUI law firms is our commitment to client support. At O’Flaherty you will have an entire team working to help you with your legal problem.
Covid-19 shouldn’t put your legal needs on hold. You can receive a consultation and most legal services without leaving your home. Our attorneys are happy to speak to you by phone, video conference, or e-mail.
Being arrested and charged with a crime can be scary and confusing. It’s crucial to remember that you are innocent until proven guilty. We are here to defend your rights and to see that the court and prosecution are just and fair.
When you are trying to deal with a family law issue or are considering adding a member to your family, it is essential that you have an experienced family law attorney on your side to guide you through the process.
We will aggressively protect your rights and fight on your behalf to achieve an efficient and cost-effective favorable outcome no matter the legal issues, whether commercial litigation, fraud, defamation, negligence, etc.
Filing an appeal requires a special set of skills and understanding of state and federal deadlines. Don’t leave your appeal to just any lawyer. The appeals process is complex and not kind to the person filing the appeal.
Being convicted of a DUI has a severe effect on your life and finances. Whether it is a first offense or a repeat offense, you need legal counsel you can trust to help you navigate the court system and make sure that you are not punished more than you deserve. It can be tough to beat a DUI, but if you have experienced legal counsel, like the DUI attorneys at O’Flaherty Law, you have a chance of getting the best possible result. Furthermore, you should not wait to contact an attorney if you have been accused of a DUI. Your O’Flaherty Law attorney must be able to access all the information related to the charge and have time to prepare your defense. If you have been charged with a DUI, don’t wait. Contact O’Flaherty Law today to schedule a consultation.
The purpose of a consultation is to determine whether our firm is a good first for your legal needs. Although we often discuss expected results and costs, our attorneys do not give legal advice unless and until you choose to retain us. We take your legal matters very seriously, which is why with each consultation, we strive to ensure you feel confident about the future of your case.
Failing to address your DUI or attempting to fight it on your own could result in a situation that could have been avoided. We will schedule a consultation between you and an experienced DUI attorney from O’Flaherty Law. During the consultation, the attorney will gather all relevant information concerning your DUI ticket and any history related to past DUI charges. Once you have signed an agreement with O’Flaherty Law, your attorney can start work on your defense. Your O'Flaherty Law DUI defense attorney will keep you informed of where your case is at, all court appearances, and what you can expect given the individual facts and circumstances surrounding your DUI charge. You can rely on the entire team at O’Flaherty to work to get you the best possible result.
When police stop you on suspicion of DUI, they will either do a breathalyzer and/or a blood test. Once they have the evidence of intoxication in hand, you will be released. A ticket will be given to you with the alleged charges on it. Also, there may be a hearing date given, or you will receive notice of your hearing date. This is when you need to contact an experienced DUI attorney to represent you.
The consequences for a DUI conviction vary depending on jurisdiction and your blood-alcohol content when you were teste, but here is a very general idea of what happens if you are found guilty of the DUI. It is possible the police cut corners while they were compiling evidence against you or that violated your rights in some way during the stop. An experienced DUI attorney will be able to examine the details of the stop and make sure that you have the best possible defense.
1st offense: Fines and an increase in insurance costs and possible restricted driver’s license. Some jurisdictions require jail time (sentence can be up to six months) or sentence you to probation. You will likely have to attend an educational course for people who have been convicted of a DUI.
2nd offense: Fines and mandatory jail time based on federal sentencing standards. Your driver’s license will be revoked. You will also likely have to complete an educational course for repeat offenders.
3rd offense and beyond: The fines and mandatory jail time continue to increase. You could be convicted of felony DUI if you haven’t already been charged with a felony.
Each jurisdiction has a particular way of referring to operating a vehicle while intoxicated or under the influence of drugs.
Driving While Intoxicated vs. Driving Under the Influence
DWI means driving while intoxicated, so if you consume alcohol and operate a motor vehicle, you would be driving while intoxicated. The police officer will administer a breathalyzer test, and might take to the local hospital for a blood draw as well.
DUI means “driving under the influence." It could be that you are driving drunk or high. It means that you consumed alcohol or drugs prior to operating the vehicle. It included marijuana and any other drug, legal or illegal. It can also include prescription drugs if they include a warning about using them and operating heavy machinery-driving under the influence.
Operating While Intoxicated vs. Driving Under the Influence is again simply the different terminology of the jurisdiction on how it chooses to refer to the crime. The elements of the crime and its subsequent penalties are the same.
The first DUI is usually a misdemeanor. Depending on your jurisdiction and your blood alcohol content or level of intoxication when you were arrested, not to mention if anyone was hurt, killed, or property damaged, it might be more than a misdemeanor for a first offense DUI. Your O’Flaherty Law attorney can go over the possible legal repercussions.
Yes, repeat offenses can and will be treated as a felony. Depending on the jurisdiction, it can start with your second or third DUI offense. However, sometimes if you inflict enough damage or combined with other crimes, you may be charged with a felony for your first DUI. In short, if you drive drunk or high and you kill someone, it will be treated as a felony DUI, and there will be additional charges made against you, such as vehicular manslaughter.
There are many ways to answer the question, “can a DUI ruin your life.” If it is the first offense, it will undoubtedly cause you much inconvenience and money. Subsequent offenses will certainly have a negative impact, and you will likely go to jail for some time, disrupting your family and career. Any DUI offense will negatively impact you financially. Being convicted of a DUI would be considered, at the very least, embarrassing for many people. If there is no damage and you commit no further offenses, it is unlikely a DUI will “ruin your life.” If you have harmed someone or yourself in the process of getting a DUI, the ramifications will stay with you forever. If you happen to drive or otherwise transport people for a living, it could mean having to change your career.
While the team here at O’Flaherty Law will be available to answer all of your questions and concerns regarding your DUI charge, we want you to be as fully informed as possible. Our goal is not only to get you the best possible result in your case but for you to feel that all of your questions and concerns have been responded to clearly. Below we include our most frequently asked questions regarding DUI charges.
Neither. They are simply different terminologies for the same offense.
It depends on the laws in your jurisdiction and if it is your first offense. For a first offense, you will pay a fine, and there will be additional charges by your auto insurer to continue to insure you. For the second offense and onward, expect the fines to climb. Additionally, if you decide to opt for the help of an experienced attorney, you will be paying legal costs and fees.
No. A DUI does not only stem from being caught driving after drinking. A DUI, or whatever terminology your state uses, can occur after taking any mind-altering substance, alcohol, drugs, even prescription medications that you got legally.
A DUI's time on your record varies from jurisdiction to jurisdiction, but you can count on it staying there for at least five to ten years and maybe longer. In some states, it can stay on your record for life so that even if 20 years pass and you get another DUI, it will be treated as your second DUI and not your “first,” with the accompanying fines and jail time. Furthermore, if your state has a points system for driver’s licenses, it will also be affected.
If you get a DUI with “aggravating factors,” including the following examples:
- You had minor children with you in the car when you were stopped
- You had DUI convictions in the recent past
- You were previously convicted of a DUI that caused significant bodily harm to someone
- You had a blood alcohol content of 20% or higher
- You were going 20 miles or more over the speed limit
- You refused to take field sobriety tests
A charge of aggravated DUI is very serious. If you are convicted of an aggravated DUI, it comes with a much harsher set of punishments than the more common DUI charges. Higher fines, revocation of your license, and most likely prison time.
If the state you are in is considered a drunk bike rider guilty of a DUI, you might get a ticket and a fine, but if you are caught driving drunk later in a motorized vehicle, it will count as a second offense that comes with harsher penalties. Not being in a motor vehicle is not protection from operating while intoxicated. You can get a DUI in a boat, on a scooter, or any other “thing” with a motor.