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DUI (Driving Under the Influence) cases are complex and involve two distinct aspects: the administrative and the criminal. These proceedings often confuse those unfamiliar with the legal system. Attorney Paz sheds light on the intricacies of DUI cases, particularly focusing on alcohol-related suspensions and the dual nature of these proceedings.
When arrested for a DUI, the first aspect you face is administrative, concerning your driving privileges. Contrary to common belief, driving is not a constitutional right; it's a privilege granted by the state, symbolized by your driver's license. In DUI cases, the state exercises its authority to suspend or revoke this privilege under certain conditions. The administrative suspension is triggered by either of two scenarios: refusing chemical testing or having a blood alcohol concentration (BAC) over the legal limit of 0.08%.
If found in violation (either through refusal of testing or exceeding the BAC limit), your license can be suspended for 45 days. During this period, you may apply for a work permit. Afterward, you can request an ignition interlock device (IID) installation. For a first offense refusal, the IID is mandatory for one year, while for a BAC over 0.08%, it's required for six months. Additional fees are associated with reinstating your license and managing the IID, which must be used every time you start and periodically while operating your vehicle.
Parallel to the administrative procedure is the criminal case, where you're charged with DUI. This aspect deals with the legal consequences of driving under the influence, separate from the administrative license suspensions. The criminal proceedings can result in various outcomes, from fines and community service to imprisonment, depending on the severity of the offense and the individual's driving and criminal history.
Navigating DUI proceedings requires an understanding of both administrative and criminal aspects. Each carries its own set of rules, procedures, and consequences. If you find yourself facing a DUI charge, it's crucial to seek legal advice to understand these two distinct proceedings fully. Stay informed and follow Attorney Paz for more legal insights and advice on handling DUI cases effectively, or
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Paz Law, LLC
4 Research Dr, Suite 402, Shelton, CT 06484
383 Orange St, 1st Floor, New Haven, CT 06511
Fax: (203) 889-5911