Driving under the influence of drugs or alcohol (DUI) is a serious problem in the United States, with DUI-related fatalities growing at an alarming rate. As a result, all 50 states have now set the legal limit for blood alcohol content (BAC) at 0.08%. If you are charged with a DUI, your will most likely be charged with two counts. One is driving while impaired, and the other is driving with a BAC of 0.08% or above. You can be found guilty on either, or neither, count. If you are found guilty on either charge, the possible penalties you face depends on the state in which you were charged and that state's rules for DUI sentencing.
Understanding DUI Sentencing
There are several factors that influence a DUI sentencing. Here are just a few:
- Do you have prior convictions? How many times have you been convicted on DUI charges in the past 10 years? Even if this is your first DUI offense, your sentence could possibly include:
- Jail time
- Driver’s license suspension, with a minimum suspension of one month and a maximum of 6 months
- Fines and fees
- Probationary periods
- Court-mandated rehabilitation
- Impounding of your vehicle
- What were you doing when arrested? Were you speeding and/or otherwise driving recklessly?
- Who was in the car with you when you were arrested? Specifically did you have children under the age of 14 in the car with you when you were arrested?
- What was your specific BAC when you were arrested? In particular, if your BAC was 0.015%, 0.020%, or over, you are likely to face stiffer sentencing.
- Did you refuse to take the breathalyzer test when you were pulled over? Refusing to submit to chemical testing can negatively influence your case.
In addition to these factors, your sentencing will take into account the specific details of your case, the statues governing DUI’s in the state, and circumstances of your arrest.
The consequences of even one DUI conviction are severe. In addition to jail time, fines, a criminal record, and a lost license as part of the criminal penalties, you will also be charged exorbitant fees and higher rates by your car insurance carrier. A conviction can also make it impossible for you to work as a commercial truck driver, and could possibly make it harder to gain and keep employment.
Getting Help
If you face DUI charges, get the help of an experienced criminal lawyer. Your lawyer may be able to help you plea bargain the charges down, argue for a less severe DUI sentence or even prove your innocence depending on the circumstances surrounding your DUI.
