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Can a DUI Case Be Extended Due to Pregnancy?

Driving under the influence (DUI) cases can take some time to conclude. Sometimes the DA doesn’t even file charges until it’s been almost a year since the DUI arrest. So, considering the fact that some DUI defendants are women, it’s not unheard of for a woman to become pregnant while her DUI case is pending through the courts.

When the DUI defendant (a now pregnant woman) receives notices in the mail about her DUI charges, suddenly she’s concerned about going to jail while pregnant, performing community service, taking AA classes, and going on probation – all valid concerns.

If you’re having a baby, you can certainly ask the judge for lenience, but there’s a lot to consider. Often, being pregnant doesn’t preclude an expectant mother from taking DUI classes or performing “light” community service duties, such as working at a Goodwill.

What if I’m Having a Difficult Pregnancy?

As you are likely well-aware, not all pregnancies are problem-free. If you are experiencing any of the below pregnancy-related complications, attending classes or participating in community service may be unrealistic:

  • Placental abruption (may require bed rest)
  • Placenta previa (reduced activity, possibly bed rest)
  • High blood pressure
  • Hyperemesis gravidarum (severe vomiting)

If a complicated pregnancy is preventing you from attending classes or performing community service, bring your paperwork from your obstetrician and show it to the judge. The medical documentation should explain why the condition prevents you from fulfilling your duties.

Hope for a Better Outcome

If you’re stressed about your DUI case and how it may impact your pregnancy, a DUI defense lawyer from our firm can help you gather the necessary evidence to present the most persuasive argument to the judge. It is possible to get you more time and we may be able to change the terms of your probation.

If you are not experiencing any serious complications during your pregnancy, it may be a better alternative to take the classes and do the community service while you’re pregnant. If you wait until after the baby’s born, it can be a lot more difficult to complete your classes and community service, unless you have a trusted relative or friend who can watch the baby for hours at a time.

Keep in mind that when you have a restricted license, you can only drive to and from work, for work-related trips, and to and from DUI classes. You cannot drive to you OB appointments. If you have further questions about this, we can explain it in more detail.

If you’re pregnant and charged with DUI, you have a lot to consider. Contact our office to schedule a free consultation with a Board-Certified expert in DUI defense!