Maguire Law Associates
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Services

Driving Under the Influence

 
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After being charged with a DUI the first question many people ask is, “should I hire an attorney?” Due to the large number of people who are charged with a DUI in Vermont, many may assume that DUI cases are straightforward and clear cut, but they are usually far from it.

A DUI is both a civil and criminal offense which can have consequences that may last a life-time. Just like any other criminal offense, the State Prosecutor has the burden of proving you guilty. You have a constitutionally guaranteed to be presumed innocent till proven guilty. If the State Prosecutor is unable to prove the case against you the case may be dismissed or you may be found “Not-Guilty” by the court.

It can be invaluable to have an experienced attorney standing by your side to ensure you are being treated fairly and your rights are being protected.

Even in a case where the State Prosecutor is able to prove you were driving while intoxicated, you still may have a strong defense against the DUI charge. The DUI statutes, police procedures, and administrative rules are a complex intersection of laws and regulations. The failure by the police to follow proper procedure may be enough to have the case completely dismissed. It is important to have an attorney review your arrest record and any other evidence the State Prosecutor may be planning to use against you. What may seem like standard police procedure or an insignificant mistake on a form may be recognized by an experienced attorney as a way to have the case dismissed.

In cases without any procedural errors and where the State Prosecutor will be able to that you were operating a vehicle while under the influence, an experienced DUI Attorney may be able to help you negotiate a deal with the State Prosecutor to a reduced sentence and sometimes even a lesser charge. An experienced DUI Attorney will have a detailed understanding of the court system and will have the knowledge of how best to represent your individual case before the Superior Court of Vermont.

Getting arrested for a DUI can be one of the worst days of your life. Let Maguire Law Associates be your best call on your worst day.

 

In Vermont the penalties for driving under the influence can vary drastically

DUI 1

  • Jail: Up to 2 years
  • Fine: Up to $750
  • License Suspension: 3 Months

DUI 3

  • Jail: Up to 5 years
  • Fine: Up to $2,500
  • License Suspension: Lifetime suspension

DUI 2

  • Jail: Up to 2 years
  • Fine: Up to $1,500
  • License Suspension: 18 Months

DUI 4

  • Jail: Up to 10 years
  • Fine: Up to $5,000
  • License Suspension: Lifetime suspension