Penalties for a Misdemeanor DUI Charge

A DUI or driving under influence is considered to be a serious offense in almost all states across the United States of America. Each state has its own set of laws and defines the offense as operating a vehicle with high blood alcohol concentration levels. This is also known as ‘per se’ violation as the enforcement authorities are entitled to arrest the driver even if the driving skills are not impaired significantly. While the limit of the BAC is usually 0.8%, a few states also arrest drivers with ‘less safe’ driver violations even if the alcohol level is a little lower than the upper limit. People driving under the influence of drugs can be convicted of DUI charges as well.

DUI Offenses:

An offender is usually convicted of a misdemeanor DUI in the case of a first time offense. However, the same offense may be treated as a felony if it occurs more than three times in a row. Causing damage to property or persons while driving under the influence of drugs or alcohol is not considered to be a misdemeanor either. While the penalties for a misdemeanor DUI are not too severe, the actual penalty depends on the exact nature of the offense, with instances of a high blood alcohol concentration level and transportation of a minor while under the influence being treated with the most serious penalties. Offenders with records of previous DUI offenses are punished more severely also. The period of reporting the offense varies from state to state as do the time frame for a first, second and third offense.

While a first time offender can get away with paying a fine, more serious offenders who have violated the state codes more than once can be sentenced to jail or put on probation. The driver’s license and vehicle registration documents are seized by the police as well. The judge almost always orders an offender convicted of a DUI charge to attend alcohol awareness classes and treatment or counseling sessions--all of which are made mandatory by court order. Minors driving under the influence or even adults guilty of drunk driving are charged with misdemeanor convictions even when their blood alcohol concentration levels are lower than the state limit of 0.8%.

A few states only allow the DUI drivers to continue driving after they have installed an ignition interlock device in their vehicles. The possibilities of the SR22 automobile insurance requirements are affected by a drunken driving conviction as well.

DUI Misdemeanor State Laws:

The severity of the charges as well as the penalties vary considerably from state to state. An offender found guilty of driving under influence almost always has to serve jail time. The exact period of the sentence in Arizona (http://www.azdot.gov/MVD/ ) differs according to the severity of the offense, and the court often agrees to suspend the sentence for a few days provided the offender agrees to undergo a drug/alcohol evaluation. However, the court allows no suspension of jail time for extreme second time DUI offenders.

The courts of Tennessee sentence even first time DUI offenders to jail. An individual found guilty of violating the DUI laws has to spend at least 48 hours in the local jail. A blood alcohol concentration exceeding 0.20% is regarded as a serious DUI misdemeanor and the offender has to spend a week in jail in addition to having to bear all expenses for DUI school and court fees. Other rules and regulations for driving safely in Tennessee can be accessed from the official resource of the Department of Public Safety at http://www.state.tn.us/safety/.

The state laws of Alabama (http://www.dps.state.al.us/ ), on the other hand, regard instances of first, second and third DUI convictions as misdemeanors. The penalties for repeat offenses are increased substantially with the first time offender charged with a DUI being incarcerated in a county jail for a period of 1 year. The offender is also required to pay a fine which varies from $600 to $2100. The driver’s license is revoked for a period of three months and the individual has to attend a mandatory substance abuse class. Failure to comply with any of the conditions will result in additional penalties.  

The Motor Vehicles Department as well as other departments concerned with public safety of each state gives information about the state specific rules and regulations for their respective jurisdictions. It is possible to obtain such information from the official Internet resources of these departments instead of requesting each department personally.

Probation for DUI Misdemeanor:

First time DUI offenders may also have their jail sentences suspended and placed on probation. The offender is usually placed under community supervision with certain conditions. Drinking alcohol while driving again will jeopardize your chances and you may find yourself facing the law yet again on violating the conditions of probation. Managing to hold a job for the entire time span of your probation period along with reporting to the concerned office on a monthly basis will help you to return to a normal life after being convicted of a DUI misdemeanor. The revoked license can also be restored within 90 days if you follow the regulations of your probation religiously.

Minor DUI Offenders:

Almost all states treat minors with DUI charges harshly. The legal age for drinking across all the states as well as the District of Columbia is 21 years. Minors convicted of DUI misdemeanors usually have to take classes on alcohol and drug abuse coupled with a period of community services. The driver’s licenses as well as other registration documents are revoked only to be restored after the minor reaches the legal age for drinking. The fees for awareness and rehabilitative programs as well as the counseling fees need to be paid by the offender himself/herself. Some states assign you to certain facilities for treatment while a few others let you attend classes in a facility of your choice.