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The Psychological Effects of DUI Arrest and Conviction

12/14/2020

 
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A looming DUI conviction can weigh heavy on anyone. The legal implications of the arrest alone can have long-term consequences and may even jeopardize a person’s financial and employment opportunities.
 
Being arrested for DUI is often the first time for many people – young adults, especially – to get in trouble with the law. Many first-time DUI offenders have no criminal history, and for them, just thinking about the impacts of a conviction on their future can cause endless anxiety.

Repercussions of A DUI Arrest

The severity of the penalties and sanctions of a DUI conviction may vary depending on the state you’re in and number of offenses, but the most likely punishments you will face may include any or all of the following:

  • Jail time
  • Fines
  • Driver’s license suspension
  • Driving restrictions
  • Possible ignition interlock device installation
 
If you’re someone living from paycheck to paycheck, the mere thought of the fines you have to pay and loss of income (should you need to serve jail time) would be enough to get you all worked up. For most people, though, it’s the realization that their life could change forever that disturbs them the most.

How A DUI Arrest and Conviction Can Affect Your Mental Health

The impacts of a DUI arrest on a person’s mental health can be more damaging than it’s legal and financial consequences.
 
Financial Worries
One of the most common issues that DUI offenders struggle with is financial stress. A DUI arrest can cost you at least a few thousand dollars in court costs, attorney fees, punitive fines, and DUI school, among others. Even if you have a good paying job, having to pay for such a huge amount of unforeseen costs can be financially debilitating.
 
A lot of people charged with DUI claim that the financial burden from arrest gave them countless sleepless nights and is one of the most stressful things they have had to deal with.

Loss of Independence
Public transportation isn’t the most convenient way to get around, especially if you live quite far away from your workplace. Having your driving privileges revoked and your license suspended can make you feel like you’ve lost a part of your freedom and independence.
 
Losing access to their vehicle for a period of time may not be a big deal for some people, but for others, it can be a very stressful predicament that affects different aspects of their lives.

Severe Stress
There are a lot of things about a DUI arrest that’s stressful, and constantly worrying about them can really take its toll on you. Worse, you have to continuously function like normal while dealing with all the stress because life does not stop after the arrest. You have work to do, deadlines to meet, bills to pay, and, on top of it all, a DUI case to take care of.

No wonder a lot of people have trouble sleeping and are always on edge after getting arrested for DUI.

Depression
Sad, but true: some people fall into a state of depression after a DUI arrest. Financial problems, loss of independence, too much stress, and constant worrying of the possible personal and professional implications of the conviction – all these contribute to the feelings of self-loathing and depression.
 
In addition, many DUI offenders also tend to pull away from friends, family, and social situations because of shame. Having no one to talk to and share their concerns with makes it harder for them to shake off their negative thoughts and move on.

Coping with The Psychological Effects of Being Arrested for Driving Under the Influence

What makes DUI arrests so unnerving is the feeling of uncertainty that accompanies it.

Am I going to win the case? Am I going to get convicted? Will I lose my job? What will my friends and family say?

Fear the outcome and its consequences can keep the offender agitated and negatively affect their mental health.
 
Thankfully, it’s not that hard to cope with the after-effects of a DUI arrest: Exercise and eat healthy. Stay away from alcohol. Keep your family and friends close -- their support will help you get through these trying times.
 
Most importantly, hire legal help. Working with an experienced criminal defense & DUI attorney will increase your chances of tipping the scales in your favor. You’ll feel much more confident going into trial when you come prepared.
 
Like all negative experiences in life, this too shall pass. The consequences of a DUI conviction may be harsh, but you won’t have to endure them forever.

Is It Possible To Avoid Jail After A DUI Conviction?

3/9/2020

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sobriety test
Wherever you are in the United States, getting caught drunk driving is one of the biggest mistakes you can make. After all, driving under the influence or DUI is a criminal offense in all states as well as the District of Columbia, and that means its consequences cannot be taken lightly. One of those consequences is jail time, which is something no person looks forward to serving.

All DUI offenses, whether it’s a first-time misdemeanor or a third DUI felony charge, are punishable with jail time of varying lengths. A first DUI conviction in California, for example, carries a penalty of up to six months in jail. A third DUI felony conviction, on the other hand, is punishable with mandatory jail time of up to five years.

However, it is still entirely possible to avoid jail in case you are convicted of a DUI. This is one of the many reasons to hire a DUI defense attorney to represent you in court - you stand a much better chance of staying out of a jail cell despite a conviction.

It’s all in the judge’s hands.

Whether or not a DUI convict—particularly a first-time offender—will spend some time in jail or not will largely depend on the judge handing down the sentence.

A good DUI lawyer can plead with the judge to spare the offender from jail and hand down an alternative sentence instead. The judge will hear your attorney’s presentation and will decide on it based on several factors.

The judge will take into account the type of DUI offense and how severe it is. Judges can be more lenient toward people who have committed a first-time DUI offense, which is typically charged as a misdemeanor. However, if that first-time offender hurt or killed someone, the likelihood of avoiding time in jail is significantly reduced. Judges will also weigh several other factors such as criminal history, if any, of the offender. Whether the DUI convict expresses any remorse will also be considered.

DUI sentencing alternatives

1. Probation
If the judge determines, among other things, that you are sorry for committing a DUI offense and that you are not a danger to the community, then you will likely end up serving probation instead of jail time.

Probation is better than jail, but it is no picnic for the offender either. You may no longer be under police custody and will have the freedom to move around, work, and contribute to society, but you will be supervised closely by a probation officer who will be assigned as soon as you receive your sentence.

If you’re serving probation, you will be required to follow specific rules throughout the probation period, like never driving without a valid license or with any amount of alcohol in your system, not committing any crime, or any other conditions the court may impose. On top of all this, you will also have to pay restitution, court costs, and probation supervision fees.

Violating or failing to complete the conditions of your probation will lead to its revocation, you will serve the maximum sentence that your original criminal DUI offense allows.

2. House arrest
The court that convicts you of a DUI offense can also require house arrest as an alternative to jail time. It also comes with certain inconveniences, but it does beat being in jail.

Then again, house arrest is, in a way, just like being in jail, but without the bars. You will have to confine yourself within your property and will be required to wear a monitoring device around your ankle, which will alert authorities if you leave your home. The monitoring device will most likely be a SCRAM (Secure Continuous Remote Alcohol Monitoring) bracelet, which can detect alcohol in your sweat and measure your alcohol use.

3. Community service
Community service for a DUI offender can come in various forms. If you were convicted under California DUI laws and made to perform community service in lieu of jail, you would likely be made to work for the California Department of Transportation or Caltrans picking up trash on the freeway wearing those orange jumpsuits.

Other forms of community service include doing volunteer work for charities. In some cases, DUI offenders perform community service by speaking about the dangers of drunk driving in front of groups.

4. Alcohol or drug rehab
A DUI offender with an underlying alcohol or drug addiction may also be allowed by the court to spend time in a rehabilitation facility instead of a jail cell.

Conclusion

As mentioned above, you have to convince the court to hand down a sentence that doesn’t involve going behind bars. Only a skilled and experienced defense attorney can help you do that, make sure you hire one if you ever find yourself in DUI trouble.
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An Increase in Park Visits to Joshua Tree National Park Could Bring More to Fall Victim of DUI

5/23/2017

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Joshua Tree – A beautiful destination, but not without risks.

Joshua Tree national park DUI
In a recent article by Jenna Hunt of The Desert Trail, it was noted that the National Park at Joshua Tree California could experience a record number of visitors exceeding 2 and a half million. The National Park has long been a tourist destination for hikers, rock climbers, campers and people just looking to cross another park off their list. The park aside from being a beautiful outdoor destination by itself also draws many visitors from nearby Palm Springs and Palm Desert, just minutes away. Palm Springs and Palm Desert bring in its own bounty of worldwide travelers and the ease of visiting Joshua Tree most likely contributes to the growing number of visitors to the park.

Every guest at Joshua Tree are subject to State DUI laws

While the park staff reminds people to obey speed limits there are other potentially consequential regulations to adhere to. Vacation is typically a time to relax and unwind and the businesses around the park offer great food and with that always the chance to get a quick drink or two, but keeping in mind that traffic and penal code laws apply may save some unwanted headache. Regardless of your residence status: a resident, a guest or even a foreign traveler, California State DUI laws apply to everyone in and around Joshua Tree National Park. Because the park is under the jurisdiction of the federal government visitors have a triple threat when it comes to DUI. There are n=National Park Rangers, San Bernardino County Sheriff’s Deputies and even California Highway Patrol. Each of these law enforcement agencies has the ability to conduct traffic stops and even arrests for DUI.

Arrested for DUI in Joshua Tree – A Local DUI Attorney Can Help

If you were arrested in or around Joshua Tree National Park for DUI and don’t know where to turn the Law Offices of Manuel J. Barba can help. We exclusively defend victims of DUI, nothing else. We practice right here in the desert and have been successfully defending against DUI charges for both residents and visitors alike. The DUI timeline starts as soon as you were arrested so reaching out to a professional immediately can provide a better chance at a successful defense. For a free consultation or a summary of your rights and responsibilities contact our Joshua Tree DUI lawyer for a no obligation and completely free consultation.
Joshua Tree DUI Lawyer
Attorney Manuel Barba provides complete defense representation in the California Criminal Courts. We have successfully defended DUI cases in all Inland Empire courts, all the way through the jury trial phase countless times. We understand what it takes to successfully defend your DUI in court.
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