Maneuvering Through The Uncertainties Of A DUI...
Always seek the advice of a professional. The following is general information and is not specific to your situation.
What Happens After I get A DUI?
There are two different systems that will will be involved with a DUI arrest:
1. Criminal System - where a county court will determine if you will be required to:
a. pay a fine
b. Do any jail time
c. What your B.A.C., along with any priors, will determine for Level I or Level II Education Class and any Track Therapy Group.
2. DMV System - which will decide whether you will loose your driving privileges and if so, for how long.
These two systems are independent of each other. The verdict of one will not be considered in the verdict of the other.
What Determines Whether I Get a Level I or a Level II DUI?
Several things can determine whether you may need to do Level I or Level II Education Classes.
1. Your B.A.C.
a. Level I is for someone who has a very low B.A.C. of .02 or more. If the drug and alcohol counselor feels more assistance is needed, you may receive a Level II determination.
b. Level II is for an adult and begins with a B.A.C. of .08 or above.
2. Any prior DUI's will effect what Track Therapy you are given.
3. If you are convicted of 2 DUI's in 5 year period.
4. If you have had 3 or more DUI's in a lifetime.
5. If your driving privileges are/were revoked for a B.A.C. of .15 or more.
6. If your driving privileges were revoked for more than one B.A.C. result of .08 or more.
7. If you refuse to take a B.A.C. breathalyzer or blood test.
If I lose My License, How Do I Get It Back?
Once you are enrolled with a State licensed agency for Level II Education and Track Therapy, you are eligible to receive an "Affidavit of Enrollment" form. You can take this to the DMV for consideration of getting a restricted license or your full license back. If you do not complete the designated Education and Track Therapy classes/groups, the agency is required to notify the DMV and your license will be suspended again.
When I finish All Of My Classes and Track Therapy Groups, Will I Get My License Back?
The DMV will decide that. The program that the court orders may not be the same as what the DMV wants in order to give you back your license. You will need to ask them what they are going to require of you to get it reinstated.
Should I Get An Attorney?
It is highly recommended that you seek the advice of a professional. There is a multitude of things to know about negotiations, pleas, what's to be expected, law sections and much, much more. The average person who doesn't have that level of experience and knowledge could easily find themselves in a predicament.