Misdemeanor DUI Offenses and Penalties

Driving under the influence of alcohol (DUI) is a serious offense in every state of US. It is a crime to operate any kind of motor vehicle, including cars, boats, or motorcycles, if one's blood alcohol concentration (BAC) is found to be at 0.08% or more. However, some states consider a DUI to be a misdemeanor while others consider it a felony. Punishment and treatment also vary according to different state laws.

Classifications of DUI Offenses

There are four classifications of drunken driving offenses. Driving under the influence of narcotics, vapor, or liquor is the first; having a BAC of more than 0.08%, 0.15%, or .20%, each within two hours of driving, constitutes the other three offenses. These are four separate charges, and there are conditions attached to them which differ according to individual state laws.

In Arizona, for example, if a driver is detained and found to have a BAC of 0.08% or more, he or she is charged with two offenses: driving under the influence, and driving with a BAC of .08%. Those driving with a BAC of 0.15% would be charged with three offenses, including driving under the influence, driving with a BAC of .08%, and driving with a BAC of 0.15%. Driving with a BAC of .20% would result in four offenses.

BAC is calculated with a chemical test. If the driver refuses to submit to the test, he or she is charged with misdemeanor DUI and it is assumed that the officer obtained sufficient evidence to charge the driver. The offender's driver's license is suspended immediately in all states. Drivers charged and sentenced for one or more of the classifications of DUI are found guilty of a Class I misdemeanor.

In addition to being aware of DUI as a misdemeanor, drivers should also be familiar with terms like the Zero Tolerance law and license penalties. The Zero Tolerance law applies underage drivers. According to this law, these drivers are not allowed to drink at all before they drive. If an underage driver's BAC is anywhere from .02% to 0.07%, the driver would be asked to appear in at the local Department of Motor Vehicles for a hearing. The penalty in such cases is a suspension of license for at least 6 months and a fine of $225. License penalties differ in different age groups. For first-time offenders under the age of 21, the suspension term is six months; for second offenses the term is increased to one year or until the driver turns 21, whichever is longer.

Consequences for DUI

When a driver is charged with a DUI, both civil and criminal proceedings take place. As penalty for a DUI, two steps are taken: first, the driver's license of the offender is suspended as an administrative measure. The offender is also sentenced to jail time, ordered to pay a fine, and must submit to a probationary term as well as counseling. The judge may also request that the offender install an ignition interlock device in his or her vehicle.

In some cases, the judge may move to eliminate the jail term and order the offender to a probationary term. Those on probation are under the vigilance of the community probation department and must report to the probation office every month. It is still possible to be employed while on probation. Those on probation must abide by the regulations and must not break the law while on probation; the term usually lasts several months to two years. If an individual fails to follow the regulations, his or her original sentence will be resumed.

The fines charged for DUI convictions are quite high, though the amount is different in every state. In Arizona, the penalty for a first-time offender is at least ten consecutive days in jail and a $450 fine in addition to court fees, surcharges, and administrative costs. For offenders convicted of two DUIs within seven years, the penalty is ninety days in jail and a fine of $800 in addition to other costs. In New York the maximum jail period for a misdemeanor DUI or DWI is one year, and the fine ranges from $500 to $1000.

A DUI is regarded as a misdemeanor if it is the first, second, or third offense that the driver committed within a certain time period. Usually, this time frame varies from five to ten years. But by the fourth offense, or if the driver has caused damage to life and property, the crime is no longer a misdemeanor and is considered a felony DUI.

The punishment for a DUI can vary to a large extent. There are several factors that determine the severity of the penalty that an offender receives. Generally, if the offender has no prior cases of DUI recorded or the offender's BAC is relatively low, he or she is likely to receive less severe punishment. But driving with a high BAC and minors present in the vehicle may result in both an increased period of incarceration and a heavier fine.

Whether it is your first DUI or not, if you are convicted of this crime you are bound to spend some time in jail and face a probation period, a fine, and the fee of court. Your driver's license will be revoked for the time being, though there are provisions in some states for the DMV to issue restricted permits so that you can drive from home to work and back again. As part of your punishment, the judge can order you to submit to an alcohol evaluation, counseling, and treatment. These sessions are mandatory because driving while intoxicated poses a risk to both you and to others. They can play an important role in preventing you from committing the offense again.

However, there are ways to avoid being convicted even after the arrest. Your attorney can advise you on this particular subject. A misdemeanor DUI charge can be challenged, or you can enter a plea bargain. You can also get your DUI record expunged. In legal terms, this is called "sealing" the record because the system holds it for possible future reference but it remains inaccessible through searching. Thus, if companies or individuals search for your DUI case through public records, they would not be able to access it.