Are There Commonalties among DUI Offenders?
Interviewer: It sounds like you have handled at least 500 DUI cases. Is there any typical circumstance or back story that people have when they’re arrested for DUI and they come to you needing an attorney?
Paul: That varies. I think that the fact pattern is pretty consistent for people with first and second offenses. Then there’s a different fact pattern you hear for folks who have third and subsequent felony DUI charges.
Most of the people I represent for a first or second offense DUI are just pure wrong place, wrong time. These are really good folks and people who you’d recognize as being your neighbors. People you’d be happy to go out and have dinner with or meet at your neighborhood picnic.
Many Drivers Who Receive DUIs Have Blood Alcohol Levels at the Threshold of the Legal Limit
The common first offense DUI charge is against someone who’s on their way home from dinner and happens into a field sobriety checkpoint and they just had that one glass of wine too many. They’re probably hovering at that 0.08 threshold for prosecution.
Most Drivers Who Have Been Drinking to Do Not Make a Conscious Decision to Drive Impaired; Many Are Unaware of Their Intoxication Level
At that level, most people really do feel in control of themselves. At 0.08 to 0.10 most people may make a reflective decision, “You know, I can tell I’ve had a couple, but I feel good. I can drive.” It’s not as though people at that level are making deliberately reckless or dangerous decisions to drive home. A lot of folks at 0.08 feel pretty solid and capable of driving.
Interviewer: What’s the mix of the cases you’ll tend to encounter? Do you see a many first offense clients or a higher percentage of repeat offenders?
Paul: That comes and goes. I think that it depends on our law enforcement. If they’re doing a lot of saturation patrol, and if they’re doing several of these checkpoints, you will see more first time offenders, just numerically or statistically, you’ll see more first time offenders pooled into the total number of DUI offenders.
Attorney Paul D. Cramm Handles Many Third and Subsequent DUI Offenses in His Practice
A good number of clients we represent are are facing their third or subsequent lifetime DUI offense. They’re facing felony prosecution, but DUI number one and DUI number two were many, many years ago.
In the State of Kansas, the Penalties for Multiple DUI Offenses Change from a Misdemeanor to a Felony
Maybe they have one and two DUI offenses when they’re in college. Then it’s eight years later, and they’re on their way home from the company Christmas party, or from a friend’s wedding rehearsal dinner, and it’s been seven or eight years since they’ve been in trouble, and those prior DUI Convictions or Diversions come back to haunt them.
From their own perspective, it almost feels like a first time offender. Their life is completely different, their circumstances are completely different. They’re employed, they have a family, and it’s been many, many years since they’ve been in trouble.
They don’t really fit the image that most people would have with a repeat DUI offender, someone who is facing a felony DUI. They just see someone who’s a career alcoholic and that’s simply not the case.
Watch this video to learn how Paul Cramm defends DUI and DWI defense and to see why you need his representation in your Kansas City Drunk Driving case.
Call For Consultation