If I am arrested for a DUI, what crime will I be charged with and what penalties will I face?
If you have been arrested on suspicion of driving a motor vehicle while under the influence of alcohol or drugs, you may be wondering what type of crime you will be charged with, as well as what type of penalty the charge will carry. You can be charged with either a misdemeanor or a felony, but the type of crime you are charged with and the penalty it carries will vary depending on several factors. These factors include but may not be limited to the following:
Some states are less tolerant of drunk driving than are other states and therefore enforce stricter penalties. As of 2011, a person is considered legally intoxicated in all 50 states with a Blood Alcohol Content (BAC) of .08% or higher. In some states, if your BAC hits a higher threshold, it can increase the penalty. If you have been arrested more than once for a DUI, the charge and penalties will likely increase with each arrest. If the influence of alcohol is deemed to have led to the injury of another person or damage to property, it can increase the penalty of the offense. If you are under age for consuming alcoholic beverages in your state, it can increase the penalty. Being underage also lowers the BAC level at which you can be considered legally impaired. - Fines Given the variety of factors that are used in determining how serious a drunk driving offense is, it is generally a wise idea to hire a DUI lawyer even if this is your first arrest for driving under the influence. A DUI lawyer will know the specific details about drunk driving laws for your state and can provide guidance through the process. If you complete the short form at http://www.criminaldefensehome.com/eval_bar.php, a DUI lawyer will review your situation free of charge. The review is 100% confidential and there is no obligation. A DUI lawyer can generally negotiate a reduced sentence and help to keep the charge off your permanent record, so seek professional representation today.
The state where the arrest occurred.
Your blood alcohol content.
How many previous DUI arrests you have.
If there was property damage or an injury.
Your age.
As you can see given all the above factors, there are a variety of criteria considered in determining the charges and penalty for a DUI. Whether you are charged with a misdemeanor or a felony, the penalties the charges carry can also vary widely. The penalties can include but may not be limited to the following:
- Community service
- Jail time
- Temporary or permanent suspension of your license
- Mandatory attendance of a substance abuse program
- Requirement to have a BAC measurement lock placed on the ignition of your car
- Issuance of special DUI license plates in lieu of the standard license plates for your state
- Requirement to obtain a high-risk auto insurance policy
- In additional to formal penalties enforced in a court of law, the DUI can appear on your permanent record, which can affect your ability to obtain employment.
Do I need to hire a DUI attorney to represent me if I am arrested under suspicion of driving under the influence?
