If you’ve received a citation for DUI, or Driving Under the Influence, as long as the offense is not your third or worse, it will typically be entered to your record as a misdemeanor DUI charge. If the offense is your third or worse, in most cases you will be found a habitual offender and will be charged with a felony. A felony charge is also an option at the court’s discretion if your violation of the law resulted in injury to yourself or another person, or any property damage occurred.
Understanding DUI Law
DUI laws exist in each of the 50 states, and misdemeanor DUI charges are generally a result of testing positive on a blood alcohol test. The legal limit of alcohol content allowed to register is below 0.08 percent BAC. Any amount that registers at 0.08 percent or more will result in a DUI charge. A driver can also be charged with a DUI while having a breathalyzer register below 0.08, if the officer discovers the driver shows any other symptoms of impairment. If the driver is not of the age specified to drink legally, having any amount register on a breathalyzer can result in a DUI charge as well.
Possible Penalties for a Misdemeanor DUI Conviction
Typically, the consequences for a DUI conviction change from state to state across the U.S., and depend directly on different circumstances involved in the violation. However, due to the volume of DUI charges and subsequent accident rates involving alcohol, the penalties for this crime can escalate quickly. Some of the consequences for a DUI conviction include:
- Citations of anywhere from $700 to 1,500 dollars
- A term of probation lasting anywhere from 1 to 7 years
- Mandated alcohol assessment, and subsequent AODA counseling
- Suspension or revocation of driver licensing privileges
- Imprisonment of up to 1 year’s time (in misdemeanor cases)
In many jurisdictions the judge will allow for expungement of the DUI charge from your record if a designated amount of time passes after your conviction and no further violations occur. This can be helpful in cases where the DUI prevents you from carrying a Commercial Driver License, or CDL.
Getting Help
If you are charged with a DUI you feel is without warrant or would like to dispute the charge, you have the right to do so in a court of law. You can accomplish this by challenging the validity of your DUI arrest, or challenging your field sobriety test results or the calibration of the breathalyzer used to test your blood alcohol level. You can attempt to discredit the police officer’s written statement or testimony as well. In most cases, however, your best option is to accept a plea bargain if one is offered, pleading guilty to a lesser crime. Before you make any decisions, however, it is a good idea to speak with an experienced attorney who can help you understand all of your options.
