Consequences of a DUI Charge

Driving under the influence of alcohol (DUI) is a serious offense in any state of the US. The laws against drunk driving are strict since a drunk driver puts not only his or her own life at risk, but also the lives of others. A person is hold for DUI charge if he or she is found operating a motor driven vehicle, including cars, motorcycles, and boats, with more than 0.08% blood alcohol concentration (BAC). Even if drivers believe they are not affected by alcohol, they will be taken into custody for a "per se" violation.

DUI Laws

Laws vary between states regarding whether DUI is a felony or misdemeanor charge. A DUI offense is usually considered a misdemeanor if it is the driver's first, second, or third offense within a specified time span, which may vary from five to ten years. After the third DUI offense, any more violations are considered to be felonies. The first DUI offense can be considered a felony if it causes significant damage to life, property, or both. The penalties for felony DUI offenses are more serious than those for misdemeanor DUI offenses.

Those convicted of DUI face two kinds of charges: administrative and criminal. Administrative charges require the action of the DMV, and the case is resolved by civil proceedings; the administrative charge results in the revoking of the driver's license. Criminal charges include the assessment of fines, incarceration, probation, and the attendance of rehabilitation programs. Individuals charged for DUI should consult an expert defense attorney, as the defendant's plea is important. Attorneys usually recommend taking a plea bargain, which can turn a felony charge into a misdemeanor; the penalties for a misdemeanor charge will be lighter than those a felony charge.

Penalties

The penalties for DUI offenses vary from state to state. In California, those convicted of a first, second, or third misdemeanor DUI charge receive at least an informal probation period of three years, fines, court fees, and other assessments totaling $1500, and an alcohol education program of three months. There are two circumstances where the term of the alcohol education program may be extended: if the driver fails to appear for the BAC test or if his or her BAC is found to be .20% or above.

As per the administrative charges, the court also restricts the driver's license of the offender for three months. The DMV may also suspend the license for an additional six months. However, those convicted of a DUI offense may still be able to acquire a restricted license for driving to work and back home. It is very important that the offender request a hearing from the local Department of Motor Vehicles within ten days of the crime. There can be two outcomes of this hearing: either a duplicate license is issued, or the license is suspended and formal proof of insurance is required.

If the driver has previous records of DUI charges, the duration of license suspension will be extended. For example, for a second offense, the driver's license would be suspended for one year, two years for a third offense, and three years for a fourth offense. The duration of the alcohol education program would also be extended accordingly. Incarceration terms will also increase if a driver is convicted of his or her second or third misdemeanors within a period of ten years. For a second misdemeanor, the driver is sent to county jail for ten days; for the third, the prison term increases to four months. However, second-time offenders can obtain a restricted license after one year and third-time offenders can obtain one after two years.

DUI felony charges can be very harsh, as the offenders pose greater threats and cause more serious damage. The imprisonment terms are longer, the period of license suspension is longer, and offenders also lose certain civil rights, such as the right to possess firearms or vote in elections. Convicted drivers must also purchase a type of very expensive insurance called SR 22. If an individual is convicted of a fourth DUI but has not caused any significant damage, he or she will be charged a heavy fine; however, if the driver has caused injury or property damage, he or she will bear the cost of treatment and repairs. Additional penalties are often assessed, such as fines for mental distress or payment for work missed by the victim. Such fines can cost the offender millions of dollars.

Habitual offenders and those convicted of felony DUI may also be asked to appear for an assessment interview before their driver's licenses are reinstated. This interview is conducted by an expert counselor who determines the status of the offender's drinking habit. The counselor often assigns the offender to mandatory Alcoholics Anonymous meetings, which must be attended in order for the offender to get his or her license back.