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DUI - What happens? |
My father got a DUI last night. He doesn't have a record, no tickets, absolutley nothing. He refused to take the breathalizer test, couldn't get his words straight, and couldn't walk. We live in Massachusetts. He has court Monday. What are some things he should expect/do? He was cooperative. Jail time? More responses please. OK, I just got a DUI, so I do actually know a lot-only mine happened in FL. I know most DUI charges are similar from state to state but vary a little, it also depends on the judge. If he didn't take the breathalizer, that's both good and bad. Good, b/c nobody knows how intoxicated he was. Bad b/c nobody knows how intoxicated he was. lol What he really should do is get a lawyer. At first he may not want to b/c they're too expensive (but I'm sure you could find one for no more than a thousand) or he won't believe they'll help. But trust me, they help sooo much. I didn't get on and sort of regret it after hearing other people's stories about having one. What the lawyer would do is probably get his DUI reduced down to wreckless driving. He'd still have to pay some court fees and complete some other things (like maybe councilng, awareness classes, probation, community service). However, it wouldn't be on his record. That's very helpful b/c it's possible that he gets fired b/c of it. Also, once you get a DUI, your insurance (if they don't drop you) will skyrocket, odds are he'll have to carry an SR22. Even though he's going to court, he's probably just going to a pre-trial. Typically you have to go to a couple of them in order to officially get to the trial and actually talk to a judge. So he still has time to get one if he wants, all he has to do is when he goes into the smallcourt room, plea not guilty. Then he'll have to show up to another one, probably like a month later-plenty of time. I think it'd be worth it to get a lawyer. In FL anyway, you automatically get your license taken away for one year for refusing to do a breathalizer. A lawyer could shorten that by as much as 6 months. Most of the time they win their cases in DUI's. Just don't get one of their assigned attorney's, they're not really that great-I'd search for somebody online, not use the ones they offer-yeah they're cheaper for a reason. i have heard that refusing to take the Breathalyzer can mean more trouble. he is probably going to lose his license and pay a hefty fine.umm. whoever said its a good thing..NO its not. My dad also had a DUI and he refused..that only got him into bigger trouble. His first reaction may be to get a lawyer, but they can only help to a certain extent. What he needs is information that is NOT readily available but culled from those with experience. I suggest he look at http://drivingafterdui.com for anything that may come to light. He will lose his license, spend some jail time, be forced into alcohol rehab and drivers school and probation. If he was uncooperative, his sentence will be more harsh. A DUI will devastate his life. It isn't worth going to a bar anymore. It is good he refused the breathalyzer test. That can be used against him in court. Now the police have no real proof he was drunk. Most likely they can not charge him with a DUI unless he did the other tests (nose point, walk the straight line etc...). He will need a lawyer. |
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