Misdemeanor DUI Consequences and Defense Options

After you’re arrested for Driving Under the Influence, or DUI, you are generally charged with a misdemeanor (unless the arrest is your third or more). When you appear at your arraignment hearing, you will be asked to enter a plea of either guilty, not guilty or no contest. If you decide to plead guilty or no contest you don’t need to mount a viable defense to your DUI misdemeanor charge. However, if you decide to fight the charge, you want to mount a defense that can persuade the prosecuting lawyer to either reduce or drop the charge. If the prosecuting lawyer decides not to do change the DUI charge, you want to make sure that you are acquitted at trial or prevent your driver’s license from being suspended.

Misdemeanor DUI Consequences Typically Don’t Include a Prison Term

A DUI misdemeanor sentencing consequences vary depending on the state you live or where arrested. However, if you are convicted of the DUI charge, then you can receive one of many possible sentences. For example, you can receive a citation which requires you to pay a specific amount of money. Another possibility for you is entering a mandated alcohol treatment program which may include counseling after the treatment is completed. The judge can sentence you for up to one year of jail time. However, the judge can suspend that jail term for probation. The probation can last for months or approximately seven months. Another sentence which doesn’t require jail is the suspension of your driver’s license.

DUI Misdemeanor Defense Options Include Challenging the Arrest

If the arresting officer didn’t observe you actually driving, you can challenge the evidence. In other words, you can say that you weren’t driving just because you were behind the wheel of an idle car in a parking lot, according to Nolo. You can also challenge if the officer had probable cause to approach your car or arrest you for drunk driving. If you didn’t perform well on the field sobriety test then you can use the defense that you weren’t drunk. Instead you were suffering from lack of sleep or allergies.

Seek Legal Help

A DUI misdemeanor is extremely serious with consequences that can include the suspension of your driver’s license. Thus, it’s best to seek legal assistance from an experience defense lawyer. The lawyer will review your case and mount a viable DUI misdemeanor defense.