Operating Under the Influence

You can drink.  But if you do, please do not drive.  Even a first time conviction for operating under the influence of alcohol can carry hefty fines and potential jail time.

If you do find yourself in the situation of being stopped while intoxicated, it is important to remember that you have rights.  To get a conviction, the State is going to have to prove the crime beyond a reasonable doubt.  Taking the field sobriety tests is often not helpful to your case and there is no penalty for refusing to take them.  There is a penalty for refusing to take a breathalyzer, namely automatic revocation of your driver’s license for one year.  But if you know you are drunk, refusing the breathalyzer may make it more difficult for the state to prove that you were operating a vehicle under the influence of alcohol.

If you find yourself in police custody (arrested and read Miranda rights), do not make a statement to the police.  Request your attorney.  Cain & Herren, ALC, has a highly experienced team of criminal defense attorneys.  Marie J. Kosegarten, Esq. was a county prosecutor for almost fifteen years, has been practicing in the field of criminal defense ever since, and is well-acquainted with criminal and traffic court procedure.  She has the technical skill and experience necessary to negotiate a favorable plea deal, and if taking the matter to trial is your best option, she has an excellent track record defending OUI and other traffic cases.  If you made a mistake and find yourself being charged with traffic infractions including operating under the influence, it pays in the long-run to get excellent legal advice.  To make an appointment with Marie J. Kosegarten or one of our other attorneys at Cain & Herren, ALC, call 242-9350.  Ms. Kosegarten charges a reduced rate of $150 for the first consultation.

*The above is not legal advice and is intended for information purposes only.  If you wish to retain the services of an attorney, call 242-9350 and schedule an appointment with one of our attorneys.  No attorney-client relationship exists until a retainer is paid and a fee agreement is entered into.

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