DUI
Penalties Can Be Severe
If you are convicted of drunk driving, you are subject to a wide variety of
criminal penalties, civil fines, and other adverse consequences, depending
upon your state, your prior record, and the specific nature of your case. Although
the details of DUI penalties differ from state to state, there is one constant-the
consequences of a drunk driving conviction can be severe.
These are just some
of the DUI Penalties you may face if you are convicted of driving under the
influence of alcohol or drugs
* The loss of your driver's license
* Probation
* Community service
* Substantial fines
* Seizure of your vehicle
* Mandatory drug and alcohol education classes
* Increased automobile insurance
rates
* Installation of an ignition interlock system on your car
* A misdemeanor or
felony conviction
* A possible homicide conviction
* A lengthy prison sentence
* Civil liability for any bodily injury or property
damage you cause
You May Lose Your Driver's License
In many states, a DUI case actually involves two separate proceedings:
a criminal DUI case and a civil summary driver's license suspension.
In many states, if you refuse to take a blood alcohol test, or if you
take a test and the results show you are legally drunk, then your driver's
license may be subject to an automatic suspension which could take place
as soon as a few weeks after your arrest.
If you are convicted of a DUI, and you haven't already lost your license, you will then lose your license, and it could be for a significant period of time. In fact, if you are repeat offender, or you cause serious property damage or injury, you may permanently lose the right to drive.
If you do lose your license, you may be required to pay substantial costs, take driver education and alcohol awareness classes, and even perform some community service before your license is restored.
You Will Be Subject To Criminal Penalties
A DUI is a criminal offense, and if you are convicted, you are subject to a wide range of criminal penalties, ranging in seriousness from supervision to a felony conviction and serious jail time.
Most significantly, supervision does not constitute a DUI conviction, and in many states you may be eligible for an expungement within a year after your offense.
Probation
Unlike supervision, probation constitutes a DUI conviction and can also
result in the loss of your driving privileges. Like supervision, probation
requires you to periodically check in with your probation officer. It
is largely similar to supervision with the following more serious provisions:
* It can last much longer than supervision
* You are prohibited from possessing
a weapon
* You are prohibited from traveling outside your state without prior
permission
If you violate your probation (or your supervision), it will be revoked,
and you will be subject to any sentence that you would have received for
your original DUI offense.
Jail Time
A DUI/DWI offense can be charged in one of two ways-as a misdemeanor or
a felony. In most states, if you are a first time offender, your case
will likely be charged as a misdemeanor. However, if you are a repeat
offender, or if you have caused significant property damage or bodily
injury, or there are other special circumstances involved (for example,
you committed you DUI in a school zone), your case will most likely be
charged as a felony.
The difference between a felony and misdemeanor can be significant. In a misdemeanor case, you are subject to a jail term of no more than one year, plus fines and all of the other penalties associated with probation. However, for a first offense, in most states, you will probably receive probation and won't have to do any jail time.
If you are convicted of a felony, it is likely that you will do some jail time as part of your sentence, in addition to heavy fines and the other penalties discussed above. In fact, the jail time can be significant. For example, if you kill someone while driving under the influence, you could be charged with reckless homicide, which can carry a prison sentence in some states of up to 25 years.
In short, the penalties and other consequences for drunk driving are serious, and you need serious attorneys to handle your DUI case.
