Charged with a DUI! Lincoln County Law

Do not delay in taking action on your case. The moment you are released from custody, you need to be in contact with counsel.

As soon as you have been released, there are two actions pending against you. The first is the criminal charge of Driving While Under the Influence of Alcohol (DUI) and the second is the administrative case through the Department of Licensing. The criminal charge seeks to put you behind bars and pay a fine, while the administrative case seeks to revoke your driver's license. No matter what happens in Court, the administrative case will still be pending.

If you were arrested and held in jail, you aren't going anywhere until your arraignment hearing.

If you were arrested and released, you probably received a court date notifying you of when to appear before the Judge to enter your plea. This is called an arraignment hearing. At this hearing, you enter a plea of "Not Guilty' and the Court will set conditions of release as well as a bond you may have to post to ensure your freedom. The conditions of release can be burdensome.

If a hole was punched in your license, the DOL intends to suspend or revoke your license within 60 days of the arrest. It is very important that you timely request a hearing from the DOL to avoid this outcome. Your hearing request must be postmarked twenty (20) days from the arrest. You will most likely have received a hearing request form from the officer at the time of the arrest.

The DOL outcome can result in non suspension if we successfully defend the action to revocation for a 90 day period to a 2 year period. SR-22 insurance may be required for a three year period.

Once you have had your arraignment, you will be required to come back to Court for pre-trial hearing. At this hearing, you will advise the Court of your case status and either set the case for motion and trial hearings or change your plea to guilty as a result of some negotiated plea, or you will request a continuance to the next court hearing because you are not prepared to resolve the case yet.

Your attorney will most likely request a few continuances in your case as he/she reviews the evidence and completes their own investigation. At some point, the case will be set for trial or you will enter a plea agreement.

There are three likely outcomes to a DUI case. One is you plead to the charge as filed and accept the consequences of mandatory jail time, probation, alcohol counseling, fines, court costs, a suspended license, probation, drug tests, and an ignition interlock. The second is that your attorney and the prosecutor reach some sort of agreement to plead to a lesser charge such as Reckless Driving, Reckless Endangerment, or Negligent Driving in the First Degree. These amended charges typically carry less penalties than a straight DUI. The third option is that you go to trial and force the prosecution to prove their case beyond a reasonable doubt. In this scenario, you may win or lose depending on how good a case you have.

If you win at trial, then you are done with the system and can move on with your life.

If you take a plea or lose at trial, you will likely have to report to probation who will administer the terms of your probation set by the Judge at the sentencing hearing. In addition to mandatory jail time ranging from 1 day to 120 days, conditions may be that you have to attend intensive outpatient alcohol treatment, you might have to have an ignition interlock on your car which reads your BAC level every time you want to start the car, you may have to subject yourself to mandatory urine analysis tests to determine if you have consumed drugs. This is in no way a complete list of the conditions that can be imposed by the Court.

If you don't perform to the probation officer's satisfaction, you may be called back to court for what is called a "Show Cause" hearing where the Court demands from you to 'Show Cause why you shouldn't be pulled off of probation and thrown in jail'. The burden is on you to rebut the arguments of the probation officer and prosecutor. This can go on for up to five years or until the Court no longer has jurisdiction over you.

There is another option which is called a 'deferred prosecution'. In essence, this is an agreement between the defendant and the Court that results in a dismissal upon completion of all the requirements imposed by the Court. In order to be eligible for a Deferred Prosecution, you must:

(a) have never done a deferred prosecution previously (only one is allowed in your lifetime)
(b) acknowledge that you have a problem with alcohol and/or drugs
(c) inform the court that you are not innocent of the charges brought
(d) advise the court that you may reoffend if you are not treated
(e) give up your right to a speedy and public trial
(f) give up your right to contest the evidence in the case
(g) obtain an interlock device for your vehicle
(h) obtain SR22 insurance
(i) Participate in a two year treatment program and be diagnosed as a Significant Problem (level 2)
(j) attend weekly AA meetings
(k) pay all court costs associated with the program
(l) appear regularly before the Court for status updates

The deferred prosecution should never be chosen as an alternative to going forward with a case. If you are trying to avoid prosecution, the DP is not an effective choice. It is a viable treatment option for those who believe they will benefit from the treatment program, but if you do not truly believe you have a problem with alcohol and/or drugs, then the program is probably not for you. You should always consult with a licensed and competent attorney before entering into any kind of Deferred Prosecution Plea.