A DUI Charge Is Usually Resolved in 3 to 4 Months
Interviewer: Let’s say I’m working in an office and I know my manager won’t be actively searching, but it’s kind of like a race in time to try and get this taken care of in a fashion where I can get this removed from my record. How long does that whole process take?
Paul Geller: I think the average process start-to-finish, and again this is what I would deem to be an average, is probably anywhere from 3 to 4 months. Sometimes it can happen a case can be handled much quicker and sometimes it may take much longer. It really depends upon each case.
The Resolution of a DUI Charge Is Dependent on Several Factors and Each Case Is Unique
Something again that’s sort of unique to DUI is because a person’s blood alcohol level is for example a .13 or a .14, that person’s .13 or .14 can be very different from someone else’s .13 or .14. Because there are just so many different technical aspects to a case and so much is dependent upon how the police report is written and how technical the officer was in the reporting.
But the average time I would say from start-to-finish is about 3 to 4 months when properly handled. That would include both the DMV and the court process. I would think that I’m probably on the little bit on the longer side the way I handle my cases probably in the 4 to 5 month range if not longer.
You Should Inform Your Attorney If You Are Seeking a New Job While Your DUI Case Is Pending
However there are circumstances where a person who, like you said, is working in an office or as a professional may need or want more immediate resolution and those cases can be handled in that way. It’s just a matter of understanding what that person’s needs are.
Sometimes people need to be able to travel quickly, so that has to be adjudicated much quicker or sometimes it needs to be postponed. I’m handling a gentleman right now who’s going through the hiring process with a very prestigious company. We are extending the adjudication in his case because of the background checks that are going on which have not yet caused any problems for him. Although I’ve negotiated a very good deal for him, which does not include a plea to a DUI, we do not want that to show. We don’t want any type of resolution to show on his record right now.
For strategic purposes we may want to have quicker resolution because the suspension of their license may take place but they may not even be in the country. Therefore, the time that they’re on the suspension they may not necessarily have a need to be driving. So there are different strategies and things that can take place which may speed up the process or delay the process depending on the circumstances.
Your Attorney May Be Willing to Contact Your Employer to Offset Any Issues That Arise as a Result of the DUI Charge
Interviewer: Have you ever encountered a situation where you’ve had to contact someone’s employer and you explain to them the resolution of the case to avoid employment issues for your client?
Paul Geller: I have and I do that quite often when that situation does arise. This is an issue I often tell clients about when they first come in. If there is an issue potentially with their employer they should check their policies manual to see if there is anything related to the employment or the promotion or hiring if you have an alcohol-related driving offense.
And there have been circumstances where I have been the communicator to the employer about the nature of the arrest, the nature of the circumstances of the arrest, and the fact that we are fighting the arrest itself. And oftentimes that will help the client in their professional career and not feel as though they are trapped or doing something underhanded with their employer.