The attorney’s at Luftman, Heck & Associates understand the feeling of being stressed and overwhelmed as a result of being charged with OVI/DUI offense. Drunk driving charges can have serious consequences; a conviction can affect your insurance rates and add points to your driving record. The results can be as severe as a driver’s license suspension and possible jail time.
Oftentimes, a DUI arrest occurs following an event in which the driver may have had a few drinks and may not even consider themselves intoxicated, such as meeting friends for happy hour, dinner or watching a few innings of the game.
Twenty or thirty years ago, getting arrested for drunk driving was not as much of a deal as it is today; as long as no one was hurt and no accident occurred, the driver was simply taken back to his or her house to sober up, assessed a small fine, received points on their license and maybe required to complete a mandatory DUI Class. Today things are much different. In many jurisdictions, significant jail time can be given to even a first time offender. Some insurance companies routinely cancel car insurance policies for any DUI or OVI conviction, all of them will increase rates of those convicted. Fines have increased substantially in most states, and convictions often require the completion of extensive community service hours and mandate expense training classes. Punishments can increase substantially for those who have been charged with DUI more than once.
When faced with an OVI/DUI charge, it is important to consider what an attorney can do to help you. Because an OVI/DUI arrest can be surrounded by much chaos and confusion, as they often occur on a busy street with loud traffic and distractions, the attorneys at Luftman, Heck & Associates will ensure that law enforcement officials have properly completed all required warnings, properly administered all of the roadside field sobriety tests, and that the searches and arrests were done lawfully. Following an arrest, a chemical test is generally performed to test for alcohol or controlled substance levels; this is often done thorough use of a breathalyzer or blood test (although testing may be refused, doing so automatically mandates a more severe license suspension). An individual must then go through two proceedings. The first is the Administrative License Suspension, which will determine the merit of the license suspension. If the license suspension stands, limited driving privileges for work, school, medical appointments and other activities approved by the court will be requested on the client’s behalf and the client will receive their privileges so that they can begin driving as soon as they are eligible. The second proceeding is the quasi criminal prosecution in a court; this process can take much longer and require an experienced attorney to maintain the required appearances, filings and defenses.
The attorneys at Luftman, Heck & Associates feel they have three important duties for clients charged with an OVI/DUI. The first is to makes sure our clients understand everything that is going on with their case. As such, the client will receive all of the reports and available videos to the attorney for their review. The second is to use our knowledge of the OVI/DUI laws, to see what legal issues there might be with a case. Using those legal issues, we evaluate to see whether it is a good case to litigate, as well as attempt to negotiate a favorable resolution on our clients’ behalf to give the available options. Last, we are always prepared and capable of litigating a case in both evidentiary hearing and trial.