How to handle a family member who gets charged with a DUI?

 By Travis Rice, Attorney at Law, PLLC 

Its a sticky situation if you have a family member who is charged with a DUI. He has probably called you from jail and wants to know if you can bail him out or come get him. What do you do now? Where do we go from here as a family? 

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1. Consider whether to post the bail. Most first time DUI offenders do not fail to show up to court. However, if someone is clumsy, absent minded, or simply forgets things often you may not want to post bail for them. As a family member that's your right. You must weigh the options though. It has been proved that people who bail out are more likely to have their case reduced or dismissed rather than someone who just sits in a jail cell. The reason for this is they are able to participate in their case and often times get treatment before hand to mitigate the penalties at sentencing. 

2. Set appropriate boundaries if needed. Often people who have alcohol or drug dependencies have an "enabler" in their life. The enabler gives them a pass on some of the conduct and therefore the offender avoids the realities and consequences of his or her conduct. Don't be an enabler. When you divert the accountability away from the conduct you give the offender the go ahead to continue the conduct. Its true that Alcoholism is a disease and it is not curable but it is treatable. 

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3. Think about getting help for your loved one. Not everyone needs help, but its important to at least have that conversation. According to a study done last year only 1 in 10 people get the help they need for alcohol abuse disorders. This is mainly due to not reporting when the offense has been bad enough. Things to consider when deciding wheter or not treatment is appropriate is lack of control, the severity and frequency of the disorder, relationship problems, cravings, tolerance level, withdrawals if any. If you feel like your loved one needs help its important to act immediately to obtain funding and treatment. 

4.  Get a consultation with an experienced lawyer who specializes in criminal law. Driving under the influence charges can cause many problems with your life. It effects your life financially, physically, mentally, and often spiritually. Its a highly emotional time and its important to consult with a lawyer before making any important decision on how to proceed with your case. Above all else, this is likely the most important thing you can do for your loved one. They need to talk with an attorney about the charge. Its also important to hire a person who specializes in criminal law and who knows the local practices in the area. Driving under the Influence charges often present difficult challenges and complex issues of act and intent. It is extremely important to hire a competent attorney who specializes in criminal law for these charges especially. 

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5. Hire an Attorney that specializes in Criminal Law. If you feel like your relative would benefit from having an attorney you could help them finance one. If you have a lawyer your more likely to get the charge reduced or dropped in Court. This actually applies further if you hire a lawyer and do not go with a court appointed public defender. A lawyer can review the case for your loved one and can facilitate an offer if necessary. A lawyer can be called upon to defend you at a trial. At trial the attorney can cross examine the officer, call witnesses to testify, and present the case to a jury in the best light for the client. In addition, a lawyers argument at sentencing is invaluable. And as mentioned above its important to choose a lawyer that specializes in criminal law and driving under the influences charges.

6. Determine the possible immigration consequences for your family. If you are not a U.S. Citizen any criminal charge may have immigration consequences including deportation. Its important to discuss these with an attorney before taking any plea deal or beginning a case. Unfortunately, too many people are unable to secure a lawyer or see the value until it is too late. Its important to consult an attorney about your families status.  

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If you are looking for a lawyer who specializes in DUI law in Idaho please visit our website at  Travis Rice Attorney at Law, PLLC and set up a free consultation. You can also reach us directly at 208-230-9983.