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After being arrested for a DUI, you will have to undergoing two administrative processes in most states. One is the administrative license suspension process and the other is the criminal process. Both carry their own set of consequences and can impact your driving record and insurance rates, so it is important to understand both to truly grasp the effects of drunk driving.
The administrative license suspension process generally occurs before the criminal process. The administrative license suspension is handled by the DMV and involves the suspension of your driver’s license, usually for a one year period. A license suspension occurs immediately upon arrest in most states, and to get your driver’s license back, you must request a DMV hearing. However, there is no guarantee your license will be returned at that hearing.
The criminal process on the other hand will cover penalties, fines, probation, and sentencing. To handle your criminal DUI charges, you will appear in court for a preliminary hearing or arraignment, and then a trial takes place where you are sentenced if found guilty. You can be charged with three types of DUI charges at your criminal hearing. Charges include felony DUI, misdemeanor DUI, and vehicular manslaughter. Depending on which of these three charges you face, you may face prison time, fines or both.
If you are found guilty, the DUI conviction will result in a criminal record that can easily be accessed by academic institutions, companies, landlords, or by anyone who conducts a background check on you. Once you are found guilty of one of these DUI charges, it remains on your record, in some states for life.
When you are convicted of a DUI, your insurance will learn out about it. Your insurance company can respond in two possible ways.
If your insurer keeps your policy instated but raises your rates, you will most likely be labeled as a “high risk” driver. A DUI conviction is obviously a risk for car insurance companies, and insurance is all about risk. The higher the driver’s risk, the higher the insurance premium. If they see you as too high of a risk, they can cancel your insurance policy or deny you any policies in the future.
Car insurance rates will continue to be high depending on how long the DUI conviction remains on your records. Typically, the DUI conviction will remain on your driving record for up to 7 years, although again, in some states, it can remain on your driving record of life.
If you find yourself facing DUI charges, you need to get help. A qualified attorney can assist you in minimizing the impact that DUI charge will have on your criminal record and on your driving record by helping you to defend yourself against the charges or by arranging a plea bargain.