DUI Arrest Laws and Penalties

DUI (or driving under influence) of drugs, alcohol, or both is considered a serious offense in the United States. Whether it is treated as a misdemeanor or a felony depends on the state laws. All law enforcement agencies of the have the right to conduct a DUI arrest, followed by a breath analyzer test or a blood alcohol level test.

Each state has its own DUI laws that dictate the rules and regulations of conducting the arrest and the following procedures. A DUI arrest can be conducted by a state patrol or a police official, and there is no need for a warrant for this arrest.

The details of DUI arrests and the subsequent procedure of some US States are discussed below.

California DUI Arrests

In the State of California, DUIs are treated as a serious offense. If an individual is arrested for a DUI offense, two cases are filed against him or her; one at the Department of Motor Vehicles and another at the concerned court. The blood alcohol concentration levels of the individual must be equivalent to or more than 0.8% in order to charge him or her and conduct an arrest. The case is filed under the California Vehicle Code, Section 23152 (a) and the Vehicle Code Section 23152 (b).

In most cases, the penalty for a DUI offense is the suspension of the driver's license, as follows:

*4 months minimum for 1st offense
*1 year for 2nd offense
*2 years for 3rd offense

For more information about California DUI arrests, you can have a look at http://www.dmv.ca.gov/dl/driversafety/dsalcohol.htm.

Texas DUI Arrests

Texas DUI laws classify the offense as misdemeanor or felony, depending on the circumstances and the record of the driver. DUI arrests are conducted by the state law enforcement agencies, and a case is filed subsequently.

It is treated as a Class B misdemeanor in the case of a first time offense, and a Class A misdemeanor in the case of a second time offense. The common penalties for Class B misdemeanor DUI offense are a jail term, ranging between 72 hours and 6 months and/or a fine of up to $2,000. If it is considered to be a Class A misdemeanor, the sentence may be one year jail term as well as a fine.

Texas also imposes community service on all those that are arrested and convicted of DUI charges.

For more information about the Administrative License Revocation Program, check out http://www.txdps.state.tx.us/administration/driver_licensing_control/alr.htm.

Florida DUI Arrests

A DUI arrest in Florida is usually conducted by the Florida Department of Highway Safety and Motor Vehicles. If you have been arrested for a DUI offense, two cases are filed against you; one at the department and another at a court of law. The court of law determines whether your offense was a misdemeanor or a felony and sentences you accordingly. The department hearing decides whether your driver’s license will be revoked and, if so, for what duration.

It is necessary to request for a Florida Department of Highway Safety and Motor Vehicles hearing within 10 days of an arrest or the driver's license will be suspended automatically.

For more details about Texas DUIs, visit http://www.flhsmv.gov/ddl/http://www.peoplepublicrecords.org/duilaws.html.

Minnesota DUI Arrests

In case of DUI arrests conducted in Minnesota, the law enforcement authorities file a case with the concerned criminal court and the Minnesota Department of Public Safety. The penalty, if convicted, depends on the seriousness of the offense and whether it is a first, second, or subsequent offense.

For more information about Minnesota DUI arrest and the following procedures, please visit http://www.house.leg.state.mn.us/hrd/pubs/dwiover.pdf.

Pennsylvania DUI Arrests

You can have a look at the Pennsylvania DUI laws at http://www.dmv.state.pa.us/legislation/dui.shtml. There you can find information about how DUI arrests are conducted by the state law enforcement.

After an arrest is conducted, the individual is asked to take a blood alcohol content test. If the level is beyond the permissible limit, the individual is detained, and a case is filed at the criminal court and the Pennsylvania Department of Transportation.

The common penalties include jail term, imposition of fines, alcohol education programs, and/or the suspension of driver’s license or driving privileges.
 

More State-Specific DUI Arrest Information:

California DUI Arrest

Florida DUI Arrest

Illinois DUI Arrest