Q: Is an overnight stay in jail required for DUS?
This past Monday I was driving my husband, who had been at the VA and received a narcotic pain medication and could not drive himself, home at 2:30 am. The officer stated I was speeding and that is why he stopped me. I immediately told him I knew my DL was suspended but the only reason I was driving was b/c my husband could not. I did have previous DUS (although one is on my record as DUI, I never received a DUI) but the most recent was about 7 years ago. The officer said that new law meant I had to spend the night in jail for DUS. I am just trying to find out how accurate this is. Also, if I should possibly hire a lawyer to help clear all of this.
A: There are different levels or offenses (1st, 2nd, 3rd or subsequent) which carry different consequences that a driver will face if charged. The officer has more discretion the lower the offense so while it may not have been necessary to spend the night in jail it is at times left to officer discretion. I would recommend retaining an experienced attorney to deal with this matter.
A: Mr. Brown is a brilliant attorney, he is 100% correct, hire an attorney. In fact, hire him! He gives good advice. This is because your freedom is at issue, so if staying out of jail is important (and with a husband receiving heavy med treatment at the VA, it must be) you need an attorney to help you. Thank you for using Justia's Ask a Lawyer, but don't rely on what you are told here, consult a local attorney who will obtain all the facts from you and review your documents.
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