While receiving charges for a DUI can be an overwhelming experience, know that you do not have to face them alone. A professional Midland first-offense DUI lawyer can offer you their assistance by acting as an aggressive advocate for your defense in court. A skilled defense attorney can gather evidence, interview key witnesses, and help guide you through the necessary procedures so that you can be prepared for your appearance in court. Read on to learn more about how a qualified Midland first-offense DUI lawyer could make a difference in your case today.
How Do Prosecutors Handle First-Offense DUI Charges?
Every first-time offense case is heard in the Midland County Courthouse. Because there is no option for deferral of DUI charges in Texas, there are many different opinions depending on the strengths of the case and how much work a seasoned defense attorney puts into the DUI charges. They may be able to work out a situation through a pretrial diversion which is an agreement between the accused driver and the prosecutor.
The individual charged with a DUI carries out specific requirements such as taking road safety classes and stays out of trouble. After a period of time, the case is dismissed and there is no conviction on that driver’s record. A skilled Midland first-offense DUI lawyer might also be able to get a case reduced and move it from a DUI to a non-DUI offense such as a reckless driving or obstruction o a roadway. When it is the first offense with no criminal history, it may be possible to arrange probation on the DUI rather than jail time as well.
For a first-time offense, an individual must take the alcohol treatment program which is 12 hours, an educational class, and they are usually required to attend a Victim Impact Panel (VIM). They may also be required to do community service hours. The severity of other penalties for a first offense DUI depends on results of the chemical test. When there is no chemical or a result up to a 0.149 blood alcohol concentration (BAC), the punishment range is not less than three days or more than 180 days in Midland County Jail with a potential fine of up to $2,000.
High BAC Test Results
When the blood test results are 0.15 BAC or above, that enhances the charge to a Class A misdemeanor that carries a punishment range of zero up to 365 days in jail and a fine of up to $4,000. This BAC level can also result in the driver having a deep lung device or ignition interlock installed in their vehicle for a period of time. If they do not drive a vehicle, they may be required to wear a SCRAM device. The device is attached to one’s ankle and monitors their blood alcohol content level.
When a driver is eligible, they may not go to jail but can be placed on probation instead. While the driver is on probation, they have a curfew from 11:00 PM to 6:00 AM and they are not allowed to consume any alcohol. They must report to the probation officer at least once a month and complete a drug and alcohol evaluation to see if they can work down a claim and be required to take random UAs.
Working with a Midland First-Offense DUI Lawyer
A dedicated Midland first-offense DUI lawyer can present information to the court about the things the individual did since they are arrested, whether they are in treatment, or are no longer drinking. A qualified lawyer can put together a package that demonstrates who the driver is, how the DUI has negatively affected their life, and how they understand they are not to do it again.
A Midland first-offense DUI lawyer might be able to make an agreement with the prosecutor to do a pretrial diversion as well. If you are facing DUI charges, do not hesitate to reach out to a determined Midland first-offense DUI lawyer today for your initial consultation.