First-Time DUI Charges in Milford
If a person is facing first-time DUI charges in Milford, it is very important that they contact a Milford DUI lawyer as soon as possible to ensure they have the opportunity to oppose the charges against them. By doing so, they can seek to avoid the most serious penalties and consequences of the charges, and can avoid more severe charges in the future for having a previous DUI conviction.
Anytime a person is arrested for a DUI, which is a criminal matter, and it is within the Milford Judicial District and geographic area, it will be heard at the Milford Superior Court, which is located in downtown Milford.
As with any criminal case, the way the prosecutor will handle first-time DUI charges in Milford will depend on the facts and circumstances associated with that case. The fact that especially drives a case is if someone has any previous DUI convictions and if this is the first to arrest, which is something the state will investigate.
Additionally, they look to whether there was an accident, and if there was, whether there were any injuries. The outcome of a case where there are no injuries is very different than a case where the injuries are severe. Therefore, the first thing the prosecutor will look for is whether there is an accident and whether there are any injuries associated with that accident.
However, if there are no injuries and no accident, the state will look to determine if they can pursue the case. Typically, they will offer some sort of beneficial plea bargain or a program that results in a complete dismissal of the charges.
Programs and Plea Bargains
Whether it is during a plea bargain, a program, or after a jury trial, the sentencing of first-time DUI charges in Milford is entirely up to the judge. However, typically a pre-trial deal, which is some sort of plea bargain or a program, is much more advantageous to an individual than the possibility of going to trial, losing, and being convicted, or the sentence they would receive after a conviction.
Unless an attorney believes it is a winning case, the individual is typically going to get a better outcome after a plea bargain with a judge rather than a sentence that is imposed after a jury trial.
The maximum penalty associated with a first-time DUI in Milford is six months in jail. In addition, there are fines and court costs; the maximum fine for a first-time DUI is $1,000 and the court cost is typically around $250. The maximum penalty that is the most pressing is the possibility of incarceration, and with any DUI there is a possible period of incarceration.
These penalties are associated with a conviction, so it is the goal of a lawyer is to help a person avoid a criminal conviction.
One action is a program called the Alcohol Education Program, which is a diversionary program that avoids the conviction and instead allows the individual to take classes beyond a period of probation, and, ultimately, have the charges dismissed. That is in the sole discretion of the court, but it is an option that an attorney can pursue in many cases.
Mistakes to Avoid
The biggest mistake a person should avoid is underestimating the importance of the case. Although some may think that a DUI is straightforward, what they neglect to consider is that a DUI requires expert testimony at any trial between the breath test, the urine test, or a blood test. In order for all of that to be admitted, it involves expert testimony. There are fairly complicated cases in terms of evidentiary issues and knowing how to attack those pieces of evidence requires knowledge of and familiarity with those topics.
Additionally, it is important to challenge the cases and fight the cases at the DMV as well as court because if a person is caught driving with a suspended license, they face the possibility of incarceration.
A DUI is a criminal charge and it is important that a person takes their case seriously from the very beginning.