What Happens After a DUI Arrest in College Park
In College Park, like any other city, there are many DUI arrests every year. This is because unlike other charges, anybody can be charged with a DUI. College Park DUIs are taken very seriously as this is an action that endangers the entire community. It is important to understand the standard operating procedures for what happens in the short term and long term after a DUI arrest in College Park. A College Park DUI lawyer can help you to better grasp the magnitude of your situation and explain what to expect after an arrest.
Where Somebody is Taken After a DUI Arrest
Depending on whether a person is stopped by a College Park police officer or a state trooper, they are taken to a local station or a police barrack. Troopers take the person to the barrack. At the station or the barrack, there is an Intoximeter Breath Test that can be administered if the person chooses to accept and submit. At that time, the officers take the breath test or the person signs that they are refusing and then the officer issues the person their citations.
Generally, most DUIs are simply released with citations and the officer calls someone to pick up the person. Occasionally, a person may find an officer who is nice enough to drive them back to the campus if they are a student. Once in a while, the DUI or DWI charge is so egregious and there was an accident that they person may have to appear in front of a commissioner and will be advised of their rights. Rarely, but occasionally, the person may also even need a bond out.
Consequences for Refusing a BAC Test
The consequences for refusing a BAC test only apply to a person with a Maryland driver’s license. As a Maryland license holder, the person has the understanding that by driving in Maryland, there is implied consent to an actual chemical test for intoxication. On the back of the license it actually says that it is required by law and that if a person refuses, a longer suspension may result. If a person refuses, there is a possibility of an immediate suspension of their license. That paper license that the person would get is good for forty-five days from the date it is issued but their suspension could go for 120 full days, immediately commencing on the 46th day. Or they could sign up for an ignition interlock for one year which would be on their license as a restriction for one full year.
Pros and Cons of Refusing
The benefit is that there is less evidence to submit in court. In cases where there is a breath score, a DUI attorney tries to suppress that score. The benefit would be that there is no additional scoring and no additional evidence to show that the person was, in fact, under the influence.
A refusal comes with the fact that a judge may say, “I think you refused because you may have known something.” The person also runs the risk of that suspension of their license from the MVA. But a 120 days suspension or ignition interlock by giving less evidence to a state’s attorney means that the person may win their case. They have the imposition on their license administratively but their record is clear.
Benefits of Contacting a College Park DUI Attorney
A person should contact an attorney in College Park for a DUI offense immediately. If a person is pulled over at 3 am and released two hours later at 5 am, they should go home and get online, find my phone number and call me. If the attorney misses the call, his office will have the answering service pick it up and may have someone in the office immediately direct it to them.
A person with a DUI offense is able to talk to someone the very next day, if not the very same day. That is because everything is very fresh in the person’s mind and everything is right there. An attorney wants to pluck information out of the person as soon as possible. Someone with a DUI offense should to start working on their case from the first day.
Defending BAC Scores
Even if the state has a good case because the person had a high breath score of .13, admitted to being drunk to the officer, and that is going to be used as evidence, there is a lot the person can do to protect himself. They don’t necessarily have to go to jail, but it is also not a guarantee that for a first-time offense, the person will get probation before judgment.
A person has to earn that. They have to work with their attorney to get a really good defense for mitigation. The person should be involved in AA or NA meetings along with getting alcohol assessment. These are few things that a traditional officer or a judge wants to see. The person wants to show that there is good reason for probation before judgment and not a conviction.
Possibility of Probation
Nothing in the courts is ever guaranteed and nothing should be expected. Not everybody gets probation before judgment on their first offense. If someone doesn’t, it may be that they waited too long to get an attorney, they may have not hired the best attorney to match their needs, or they may have gotten bad advice. There are many lawyers out there; a person should call around and find the best lawyer for them.
The person with a DUI charge should go with an attorney who will defend them, not just simply do their case for them. Cases are always about my clients. That is why day one to the date of court a person should ensure they get an opportunity to call their attorney and speak substantially. Additionally, they should meet with the lawyer in person to discuss in length the nuances of their case. The person should also get an education on what a DUI is and what the state has to present as evidence. They will begin the process informed, and that is one of the best defenses a person can have.