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Vienna First Offense DUI Lawyer

First time DUI charges are simple DUIs without aggravating factors leading to a felony. Vienna prosecutors want to protect their community and prosecute driving while intoxicated with zeal. The prosecutors are going to be harsh and seek penalties including jail time, a high fine, as well as a license suspension. The may even pursue alcohol treatment courses.

First time DUI offenses in Vienna are almost always going to be heard usually in district court. There are no diversion programs for DUI cases in Vienna and prosecutors will pursue a harsh sentence. Contact a DUI lawyer in Vienna as soon as you have been charged to receive assistance throughout the process.

Court Expectations

The courts treat first time DUI charges in Vienna very, very seriously. Even though a DUI may be a person’s first criminal offense, the courts will still pursue the charge because they believe the person’s driving behavior puts the community at risk.

The courts will treat situations that have aggravating factors such as a high BAC, injury, or accident, more severely. However, no matter what the BAC level is, the court will treat a DUI charge very seriously, and people should not expect any leniency in these types of case. The specific facts of the case and circumstances of the trial will decide how exactly a judge or jury views a case.

Penalties in Vienna

The penalties for a first time DUI vary depending on the facts and circumstances of the case and a person’s criminal history. For example, if a person has a heightened BAC due to their blood alcohol levels, they could face mandatory minimum jail time.

If a person’s BAC is a 0.15 to 0.20 blood alcohol level, somebody will likely face five mandatory days in jail in addition to whatever other sentence the judge decides to give. In situations where BAC is a 0.20 or above, there is going to be a mandatory minimum of 10 days in jail in addition to the other punishment that the judge wants to give.

A first time DUI can be very severely penalized. It can carry up to 12 months in jail, $2,500 in fines, license suspension, and additional court-ordered sanctions like the Interlock Program and alcohol substance abuse program classes.

Driver’s License Restrictions

After a first time DUI charge and conviction, a person’s driver’s license will be suspended for 12 months or more, depending on the facts of the case. If a person has been convicted of a DUI charge, they cannot challenge the license suspension. It is part of the sentence. However, they may apply to have a restricted license under certain circumstances.

If a person has not been convicted of a DUI, then their license will not be suspended. They should receive their license either by mail or by obtaining it at the Vienna General District Court Clerk’s Office after the initial 7 day administrative suspension issued upon the DUI arrest.

Mistakes to Avoid

The biggest mistake to avoid for first time DUI defendants is not getting an attorney and pleading guilty without representation. DUI defense is nuanced, and an attorney can attack the case or propose an alternative theory of the case that a defendant likely cannot do on their own. Pleading guilty will not be helpful either since it means admitting to a criminal offense that will stick to a person’s criminal record.

If a person has been charged with the offense and has not yet been into court, they should not admit they were drinking. Do not discuss the case and give the officer evidence that could later be used against an individual at their trial.

When somebody does a field sobriety tests or  speaks with the officer before the officer arrests them, the information can and will be used against them. It is best to remain silent when an officer pulls you over, politely decline to do the field sobriety tests, and politely decline to do the preliminary breath test.

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