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LawHelpNow, Attorney/Lawyer
Category: Criminal Law
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My daughter is 21 and just got a DUI. She and friends had

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My daughter is 21 and just got a DUI. She and friends had been on the river and they had been drinking some (4 or 5 beers). They got off the river at 5:00, went home, showered and ate supper. They decided to go out that evening and my daughter said that she was not going to drink anymore and would be the designated driver. About 12:00, one of their party wanted to go home and so my daughter took her home (this is in Bettendorf, IA and Rockford, IL, areas that she is not real familiar with). On the way back she made a wrong turn and was going the wrong way on a one way. She realized this right away and turned off on a side street to get over to the one way street she needed to be on. An officer pulled her over and when he smelled alcohol in the car, he gave her a field sobriety test (which she passed) and then had her blow for a breath test. She blew ,096 and thus the DUI. As a first time offender, could she get a judgement where she would have to take the alcohol classes and be on probation for a year and if nothing happened, it would not be on her record (she is concerned as she is an honor student at Iowa State). Is this unlikely or would she stand a fairly good chance of having this happen for her.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  LawHelpNow replied 2 years ago.

Hello,

Thank you so much for this opportunity to try and be of service to you today.

Wisdom...compassion..empathy. These are more than words for me. They are my promise to you.

I am a licensed attorney and will do my best to provide you an honest and accurate answer to your important legal question.

QUESTION: "Is this unlikely or would she stand a fairly good chance of having this happen for her."

ANSWER: First of all, please allow me to say I am sorry both for your daughter and for you as a concerned parent. Here is how this works. It is obviously not a great situation, but it certainly need not be the end of the world for your daughter by any means. Only by actually going through her case will she know the outcome of her particular matter. But, I can tell you the penalty prescribed by law. For a first time offense under circumstances such as you have described, with the key blood alcohol content being .008 or above for a person of her age, you daughter is facing the following adverse consequences: (1) 60 days to six years of driver's license suspension; (2) serious misdemeanor classification crime on her permanent criminal record; (3) up to one year of confinement in jail; and (4) a fine in an amount of up to $1,500. I have listed the maximum, worst case scenario. I do not, however, think it is at all likely your daughter would serve time but rather would most likely be placed on probation. With the benefit of criminal defense counsel, she stands an excellent chance of taking her lumps and moving forward with her life. I commend you for being an obviously caring and concerned parent.

I truly hope all works out for you and your daughter.

If you would like any additional information or have more questions please do not hesitate to ask!

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Customer: replied 2 years ago.
I appreciate your prompt service and how you explained your answer. Is it worth it to hire a lawyer with the hope of getting a decision that would allow this not to be on her permanent record or would we just be adding the layer's cost to the fine that she would have to pay. Thank you again for your understanding.
Expert:  LawHelpNow replied 2 years ago.

Hello again,

Thanks for writing back -- good to hear from you.

You are quite welcome -- my pleasure to be of some service!

I will be glad to comment further -- please see below.

Kindly just let me know if you are having any problem with submitting your favorable rating (acceptance) of my answer on the honor system. I would be glad to help out if so or ask our support team for assistance if needed. I mention this only because I have seen some confusion and the last thing I want is to see you encounter any frustration.

QUESTION: "Is it worth it to hire a lawyer with the hope of getting a decision that would allow this not to be on her permanent record or would we just be adding the layer's cost to the fine that she would have to pay."

ANSWER: Yes. Absolutely. Positively. I say so especially due to your daughter's tender age. Failing to zealously assert your daughter's rights could potentially be catastrophic for her future in terms of opportunities throughout the rest of her life. So, in my opinion, there is simply no debate on this point.

Take care and thanks again for choosing our service!

Join thousands of satisfied customers by adding me to your bookmarks/favorites: LawInfoNow. Just type your future question in the text box to direct it to my personal attention.

LawHelpNow, Attorney/Lawyer
Category: Criminal Law
Satisfied Customers: 7591
Experience: Relax. Let's work together. Practical solutions.
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