A DUI defense lawyer in Morgantown WV will evaluate the events that led up to your charges. He or she will determine whether a conviction is probable based on the evidence in your case. Your selected attorney will review your previous record if you have been convicted of a crime in the past. This record will affect the way in which the prosecution handles your case. It will also affect the sentence that you receive if you are, in fact, convicted.
What are DUI Offenses?
In most states, DUI relates to driving while you are intoxicated or under the influence of a controlled substance, primarily narcotics. This additionally applies to medications that clearly warn you that you should not operate a motor vehicle while you are taking them. You can receive a DUI charge if you drive while taking these medications, even if they are prescribed to you by your doctor. However, the judge may show some leniency in such occurrences.
First DUI Offense
In some cases, judges may provide options for first-time offenders. This is not the case in all states. Your selected attorney will inform you if your state of residency offers such programs. Those states that do offer these programs may offer the accused the chance to begin a drug or alcohol treatment program in lieu of jail time. However, in order to receive this treatment the accused must first plead guilty and agree to complete the program as directed by the judge. The amount of time required for the program may vary from one state to another.
Addition DUI Offenses
The law states in most areas that any DUI charge that is your fourth conviction is classified as a felony. Some states have a five-year transitional period which will forfeit this probability if you refrain from acquiring a conviction within this amount of time. In these cases, the new charge may still fall under the classification of a misdemeanor.
Typically, a third conviction is the beginning of harsher punishments. In some states, you will receive a mandatory jail sentence immediately upon conviction. Once you receive your fourth conviction within the transitional period, you will serve time based on the punishment for a felony conviction.
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