DUI Penalties
Across the nation, driving under the influence of alcohol and/or drugs is a criminal offense. Each state has its own laws regarding DUI and drunk-driving penalties. A DUI offense may also be classified as a misdemeanor or felony, depending on the state and the factors involved in the case.Just as each state has different DUI laws, they also have different names for drinking and driving offenses. Depending on where you live, drunk driving may be referred to as driving while impaired (DWI), operating under the influence (OUI), or operating while impaired (OWI).
DUI charges are typically based on the driver’s blood alcohol content, or BAC. In order to determine BAC, the driver may be asked to take a blood, breath, or urine test. In most states, the legal BAC limit is .08 for drivers over the age of 21.
The biggest factor in determining DUI penalties is the number of DUI offenses on your record. A first-time offender may face probation, community service, driver’s license suspension, fines, and potentially jail time. Habitual offenders face lengthier jail time and larger fines.
In most states, an offender may be charged with a felony for a fourth DUI offense; however, some states classify a second or third DUI offense as a felony. If convicted of felony DUI, the offender will spend time in prison rather than a county jail.
As an additional penalty, a DUI offender may also be required to install an ignition interlock device in his or her vehicles. This device measures the driver’s BAC before the car will start. If the BAC is over a preset level, the engine will not start and the violation will be reported to the offender’s probation officer.
There are certain circumstances in a DUI case that may lead to “enhanced” penalties. For example, having an excessively high BAC, driving a certain amount over the speed limit, or transporting a child while intoxicated can result in tougher penalties.
Most states also have penalties for drivers who violate implied consent laws. These laws state that if you are pulled over on suspicion of DUI and are asked to take a BAC test, you must comply with the officer’s request. Refusing to take the test may lead to an automatic license suspension from the department of motor vehicles.
To discuss DUI penalties in your state, contact a skilled defense lawyer today.
