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What Happens When You Get a DUI for the First Time?

Drunk driving accounts for 40% of accidents in the state of Texas.

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Driving under the influence is still a major epidemic in our country. Even so in the state of Texas, where 40% of accidents are related to a DUI incident. Just as texting and driving is wrong, so is drunk driving and yet it still happens. Texas has a no-tolerance stance when it comes to drunk driving because the consequences and effects of driving drunk do not stop once you’ve paid your bail. That is why law enforcement, government officials, non-profit activists work hard to spread the message about the importance of sober driving. If you need help acquiring money for a DUI bail in Lubbock, TX, contact Caprock Bail Bonds at 806-722-2120.

If you need help getting money to pay a DUI bail, contact Caprock Bail Bonds.

DUI Bail Bonds

So, what happens when you get a DUI for the first time? A DUI charge in the state of Texas means a driver has a blood alcohol concentration (BAC) between .05% and .08%, both are above the legal limit. It’s important to note here, DUI and DWI are charged differently in the state of Texas. DWI charges are considered more serious because a drivers BAC rate is typically higher than .08%. That can mean higher penalties and possible jail time.

A first DUI charge, however, is generally considered a misdemeanor offense. This means drivers will have to pay fines, participate in community service, have their license suspended, and have a possible probation. The process for a first time DUI typically goes as follows:

  • Arrest for suspicion of driving under the influence
  • Charged with a DUI classification
    • DUI with Any Detectable Amount of Alcohol: up to $500 fine, drivers license suspended for 60 days, 20-40 hours of community service, and mandatory alcohol awareness classes.
    • Note: any minor older than 17 with a BAC of or greater than .08% can face DWI charges, the same as someone listed as 21 or older.
  • Booking or Processing
    • A police officer takes your information, fingerprinting, etc.
    • You will be placed in a jail cell until you can post bail
  • After processing, can pay bail to get out of jail
    • By paying to be released from jail, driver is consenting to show up for all scheduled criminal proceedings, including arraignment, preliminary hearing, pre-trial and possible trial.

The ultimate question is, how much is bail for a DUI? In the state of Texas, bail for a DUI arrest can be up to $500. That being said, be mindful of the fact that there are other factors that can play into  DUI penalty fees. Open containers mean that drivers will have to pay an extra $500, on top of the penalties, fees, and bail. The cost for a DUI adds up quickly. For any bail bond services in the Lubbock, TX area, Caprock Bail Bonds are the only team you can trust.

While DUI charges may seem minor, the consequences can last 10 years or longer.

The Price of a DUI

Once you’ve paid your bail and completed your community service, the effects of a DUI are not complete. Most drivers will have their license suspended for a period of time ranging from 30 to 180 days. If there is any detectable amount of alcohol in your vehicle, your license is automatically suspended for a minimum of 60 days. More importantly, DUI charges stay on record for 10 years. You can go through the process to challenge and even trying to expunge your records, but the process is time-consuming and costly. Not everyone can afford to do that, which is why paying your bail and showing up to court dates is highly encouraged.

A driver’s prior record also plays a big role in the overall cost of a DUI charge. Those with prior records – for driving under the influence and more – can be expected to pay more in penalties and fees, upwards of $10,000. More seriously, a judge can see DUI bail denied if a driver’s prior record is serious enough. Remember, this is all in regards to misdemeanor charges. Felony DUI charges can pay up to $50,000 in fees and bail and see longer jail time. Most drivers, generally speaking, will be charged with a misdemeanor DUI.

If you are arrested a second time while driving under the influence, the second DUI bail amount can range from $5,000 to $10,000. It’s important to note here that, any driver with a valid drivers license has already consented to participate in a breathalyzer test. Failure to cooperate in the breathalyzer test will mean automatic arrest.  

Frequently Asked Questions

Do first time DUI offenders go to jail?

In every state, DUI’s are considered misdemeanors. Misdemeanor sentences can see jail time around six months, but it depends on the severity of the crime, prior record, and the discretion of the judge.

Is it worth getting a lawyer for first DUI?

If there is evidence of your innocence or the punishment seems greater than the crime, then getting a DUI lawyer may be beneficial. Otherwise, most DUI arrests are charged as misdemeanors and have standard sentences handed down, in which case, a lawyer may not be necessary.

How long do you have to stay in jail for a DUI?

Since DUI’s are classified as misdemeanors, drivers could see jail time for up to six months, depending on the sentencing.

Is it possible to get a DUI dismissed?

Yes, but the process is very difficult. You will have to go through a trial to prove your innocence. And you can go through the process to have your arrest record expunged afterward, to keep your record clean. But either process is time-consuming and expensive.

When you need immediate assistance for a DUI arrest, call Caprock Bail Bonds. We are your local bail bonds company ready to help. Call Caprock Bail Bonds, 806-722-2120, for DUI bail in the Lubbock, TX area.

How Do Drug Charges Work?

Being arrested on a drug offense is never a good experience, whether it’s your first or fifth time. Drug charges can carry various jail times, fines, and other requirements depending on the nature, severity, and frequency of the crime itself. When you are arrested on a drug charge, it’s a good idea to seek the counsel of an attorney and a bail bondsman immediately. Professionals like these can walk you through each step of your arrest and charge process so you are never surprised or caught off-guard.

Crime Scene Caution Tape

When You’re Arrested on a Drug Charge, Trust the Caprock Bail Bondsmen to Help.

The Arrest

If you are arrested on a drug charge, your vehicle or home will likely be searched. This is to locate any other drugs or paraphernalia that may be in the location. You will be required to sit either in the police vehicle or nearby as the search commences. As this is happening, you are not required to speak, and, in fact, advised not to, in most cases. Once the search is complete, the arresting officer will finish the arrest and begin route to processing.

Arrest Tips

  • You Have the Right to Remain Silent: Remember that you are allowed to remain silent. While it’s not advised that you ignore officers or make the arrest difficult through no speech at all, you shouldn’t offer any information or details at this point. Any information offered may be recorded and used against yo9u at a later date.
  • Be Respectful: Nothing turns an arrest situation bad like a person who is rude or defiant with the arresting officer. Not only does this slow the process considerably, but it can also rack up additional charges such as evading arrest, assault on a Peace Officer, or others.
  • Stay Calm: While it’s true that being arrested can be stressful, it’s important to stay calm so you know exactly what’s going on. Look for details and phrases that may be helpful later such as charge discussions, officer names, and evidence found. These are all details that can usually be overheard but are not usually offered freely.

Processing:

After the initial arrest, you will be taken to the jail facility for processing. This will include booking, fingerprinting, changing, and the allowance of phone use. At this point is when you will be allowed to call an attorney, a bondsman, or relative. Drug charges and penalties vary greatly, so your bond may be set then or you may have to wait to see a judge for your bond to be set. Typically with drug charges, first offense charges will be set automatically and an emergency bail service can be called day or night to begin the release process. However, a defendant with multiple crimes, charges, or offenses may need an arraignment hearing before release.

Dealing With the Consequences:

Oftentimes, people ask, “How can drug charges be dropped?”
In short, your charges cannot be dropped. Of course, there are exceptions to every rule, but this is not a common occurrence and should not be expected. Many times with drug charges, jail time is required as well as fines, and addiction treatment therapy. The only way to get the charges to go away is to complete the requirements of your infraction.

Hundreds of questions race through your mind as you or a loved one is arrested on drug charges. While many questions may be circling, having the answers to some of the most common inquiries can help relieve some stress and anxiety and help you get through the experience.

How Much Jail Time do You Get for Drugs?

Jail time for drug charges varies enormously. First offenders may be released with only probation while second or third-time offenders could receive 10 years or more in a state facility. Possession with intent to distribute charges almost always carry a hefty jail sentence and fine requirement while simple marijuana possession under an ounce could carry only a small fine. It’s important to speak with legal counsel to ensure you understand your charges and options when you face a drug charge.

What Percent of Crimes are Drug Related?

In November 2018, drug-related crimes made up 46 percent of the nation’s criminal charges, according to the Federal Bureau of Prisons. This makes up all charges and charge combination. These numbers have also steadily gone down in the past 2-3 years due to secondary treatment programs, residential reentry programs, and counseling offerings.

Is Drug Possession a Felony?

Drug possession can be a felony but doesn’t have to be. Many drug possession offenses are considered misdemeanors if the amount was low enough and there are no repeat charges. However, large amounts and repeat charges often land the defendant in felony territory and looking at jail time and hefty fines.

What’s Considered a Controlled Substance?

A controlled substance is any substance that is regulated by the Government. This includes illegal drugs as well as some prescriptions that can be habit-forming or that are considered to be narcotics.

What’s the Charge for Selling Drugs?

Most often, defendants who are thought to be selling drugs are charged with intent to distribute a controlled substance. If the defendant is caught selling drugs to minors, the charge will reflect that and typically is heightened to a felony.

If you or a loved one is being charged with a drug crime, call the Caprock Bail Bonds experts today at 806-722-2120 for guidance and bail assistance in the Lubbock, TX area. We provide quick, convenient services and advice to help you get through this experience as quickly and gracefully as possible.

When Probation is Violated, What Happens?

Teen Speaking With Her Probation Officer

Probation is a Wonderful Alternative to Spending Time in Prison.

When a friend or loved one is arrested for a crime, it’s common to feel scared and frustrated. The court hearings and sentencing process that follows can be even more intimidating. However, you can prepare for these challenges by learning some of the various terms surrounding our legal system.

One of the most important aspects you can understand, especially when your loved one is a minor or a first-time offender, is the concept of probation. Knowing how probation works and the requirements involved will help you support your friend or family member so they can avoid a scary probation violation. Here’s what you need to know to get started!

What Exactly is Probation?

When someone is arrested and sentenced for a crime, there can be several potential outcomes. First, there’s the possibility that the citizen will be sentenced to immediate incarceration. Depending on the length of the sentence and the severity of the crime, the individual may or may not be eligible for parole later on.

The second possibility is probation. One of the most common alternatives to prison, probation is often granted to individuals who are considered low-risk to the community and those who’ve just been convicted of their first offence. It should not be confused with suspended sentences, which allow people to return to regular life without restrictions (with or without special conditions).

There are several other alternative sentences, including fines, restitution, and court-ordered community service, any of which can be folded into the conditions of probation. Court-established conditions must be faithfully met during the probation period. If your wondering what probation period means, it’s simply referring to the length of the probation sentence.

What are the Different Types of Probation?

There are multiple kinds of probation, each with different categories and levels of court requirements.

  • Supervised Probation – Mandates that the charged individual meet or report to (by phone or mail) a parole officer at regulated intervals. Appointments are generally set weekly or monthly.
  • Unsupervised Probation – Does not involve the direct oversight of a probation officer, but still mandates the individual complete certain conditions of probation.
  • Crime-Specific Probation – Requires the convicted individual to refrain from specific crime-related activities, locations, or persons to prevent relapse. For instance, a person convicted for a cyber-crime might have their computer access denied for a time.
  • Community Control Probation – Often includes the use of a tracking device to movements of the convicted individual. House arrest is likely included.
  • Shock Probation – To acquaint the convicted person with the consequences of jail time, a judge may mandate a convicted person to spend a limited period in prison. Afterwards, they should be released to follow conditions of probation.

How Do Probation Violations Work?

Shot Glass of Whiskey

Persons on DUI Probation Could Violate Their Conditions By Consuming Alcohol.

Each probation sentence typically comes with a set of conditions that must be met by the convicted individual. Usually, this involves meeting with a probation officer appointed by the court, who checks in on the progress of the person. There may also be conditions created that requires the individual to pay restitution to an injured party or fees to the state. There may also be a mandated court date to review the convicts progress.

If someone is found to be in violation of probation, serious consequences may soon follow. The subject will be taken to a judge for probation violation sentencing. While the exact penalty will vary based on the circumstances of the violation, whether it was a misdemeanor or felony probation violation, etc., there is little room for error.

First-time violators will likely receive a stern warning from the judge, which could also be paired with a fine, harsher probation conditions, or even limited jail time. Again, it all heavily depends on the circumstances and weight of the violation. Potential probation violations include:

  • Missing a Pre-Appointed Court Date
  • Neglecting Scheduled Meetings With Probation Officer
  • Being Caught With a Controlled Substance (for drug offenses)
  • Being Found With or in Communication With Restricted Individuals
  • Failing to Provide Ordered Restitution or Fees
  • Getting Arrested
  • Traveling Beyond Court-Mandated Boundaries
  • Failing to Complete Ordered Community Service

If a person on probation is arrested for a crime, the likelihood of them serving a prison sentence is greatly increased, especially if the crime is related to their prior case. Second-time violations will also likely end in the suspension of probation and prison time.

What’s the Difference Between Parole and Probation?

Probation or Parole Hearing

Probation Conditions are Similar to Those Mandated in Parole Hearings.

As we mentioned earlier, probation is an alternative sentence that can be mandated instead of jail time. If the convicted person carries out all the conditions of their probation, it is likely they will never see jail time. Parole, on the other hand, is a shortening of an individual’s incarceration after they have already spent some time in prison. Parole is granted by a convened board of persons that examine the circumstances of the original crime, the individual’s behavior in prison, and their potential risk to the community.

Not all people convicted of a crime are eligible for parole, and not every individual that is assessed for parole is granted it. If a person is granted an early release from prison on parole, they are usually subject to certain conditions similar to those mandated for probation. They’ll also be instructed to regularly meet with a parole officer to monitor their behavior and encourage their reintroduction into society.

Can you be on parole and probation at the same time?

While theoretically possible, it’s exceedingly rare for a person for a person who’s out on parole to be granted probation. The more likely outcome is that the parolee will be taken back into incarceration for the remainder of their prison term, where they will then face the added penalties of their new crime. In other words: if someone is on parole, they should avoid committing a crime to the best of their ability.

If you or a loved one has been charged with a probation violation in Lubbock, TX or a nearby city, make sure you contact your criminal defense attorney and a trusted bail bond agent. Our team at Caprock Bail Bonds would be happy to assist you however we can. You can contact our office at 806-722-2120.

 

Common Problems of Imprisonment

Handcuffed Hands Gripping Bars.

If in Jail, You Must Deal with Any Number of Prison Problems, Not the Least of Which Are Financial.

Arrest and imprisonment are, in themselves, serious problems. However, the worst consequences of jail are often the problems that develop as a result of incarceration. Imprisonment can happen to practically anyone. Even a misdemeanor, such as a first DUI, will land a person in jail. If you’re not prepared, at least mentally, further issues develop from the moment incarceration begins. As for long-term incarceration, prison problems become definitely amplified.

Problems Associated with Arrest and Imprisonment

Whether you’re held for pre-trial detention, or served a heavy sentence for a conviction, there are certain prison problems and collateral consequences of arrest that everyone must confront.

  • Financial Stress: Arrest comes with many associated costs, including restitution and court fees, and any fines that the judge assigns. If your imprisonment is long enough to cost you your job, then these problems become greatly magnified.
  • Employment Difficulty: Many, many employers want nothing to do with former inmates. Though arguably a form of discrimination, it’s perfectly legal for a business to refuse you employment based on your criminal record. If you were tagged with a felony, finding a well-paying job can feel next to impossible.
  • No Student Loans: If you were convicted of a drug-related charge, you can no longer receive financial assistance to attend school. You are also denied access to the federal loans that many students rely upon.
  • Denial of Other Benefits: Depending on where you live, food stamps, federal housing aid, and other forms of governmental assistance may be unavailable to felons and those convicted of drug charges.
  • Family Issues: An arrest can prove very trying on a marriage. The partner not incarcerated becomes responsible for everything: finances, childcare, the upkeep of the home, everyday errands and tasks, and much, much more.
  • Loss of Basic Rights: Though highly controversial, many states will prevent felons from casting a vote or owning a firearm. Though these rights are supposedly guaranteed for all citizens, convicted felons face very stiff penalties if they try to vote or get caught with a gun.

Unfortunately, the only recourse for all of these drawbacks is to avoid arrest. Luckily, some of the prison problems can be averted with a little preparation. To help offset the financial difficulty of missed work, court costs, lawyer fees, and more, you can seek insurance in the form of arrest protectionOf course, if you trust our team for a bail bond, you can avoid many of the problems associated with incarceration. For fast jail release, count on the expert team at Caprock Bail Bonds. We’re your number one source for bail bonds in Lubbock, TX, so call us today at 806-722-2120.

What Are The Most Shoplifted Items in America?

Women Steals OTC Drug Package

Shoplifting Over the Counter Medicine Is Common Due To Ingredients Used To Make Drugs

Shoplifting is the crime committed most often by all ages, from elementary students to elders. Something about getting an item for free when you are supposed to pay for it calls to these inner thieves. Here in Texas, shoplifting is classified as petty theft. Just because it is labeled as a minor crime doesn’t mean it won’t have punishment. You will still have to pay a fine, and depending on the amount of property stolen, may have to spend a few hours in jail.

Some of the most shoplifted items in America are:

  • Baby items. One bag of diapers can cost $40, and a can of formula can cost $25. Since babies go through both of these items multiple times a month, costs quickly add up.
  • Cosmetics. Easy to slip in a purse and always in high demand, cosmetics and other beauty products have long always been a favorite item among shoplifters.
  • Clothes. Once super easy to steal by simply stuffing them under the baggy clothes you were wearing or putting them on underneath your clothes, clothing is now harder to steal thanks to security tags and fitting room attendants.
  • Over the counter drugs. Allergy pills now have to be locked up because they can be used to make hard drugs like meth. Other unusual items that are commonly stolen are hemorrhoid cream, pregnancy tests, and weight loss pills out of embarrassment.

If you or someone you know has been arrested for shoplifting and charged with petty theft and needs bail in Lubbock, TX, call Caprock Bail Bonds at 806-722-2120 for help posting bond.