The charges you may get when arrested for Driving Under the Influence (DUI) can vary based on the unique details of each case. Typically, initial drunk driving arrests for most drivers result in a Misdemeanor First Offense DUI charge.
However, in certain situations, the offense could escalate to a Felony DUI, which carries significantly graver consequences. Let’s dig deeper into different DUI charges and the charges you may face.
DUI Charges
Firstly, consult Alan Pearse or any other reputable DUI attorney near you whenever you find yourself caught in a DUI. The attorney will help you navigate the case, which may lead to reduced charges. Here are DUI’s most common charges
First Time DUI
Most first-time DUI is classified in the misdemeanor category. You may face punishments such as community service, potential supervision fines, and license suspension. The severity of your DUI charge is triggered by its sorrounding situation, which can lead to harsher penalties.
For instance, having a child in the car during the DUI could result in up to 6 months of jail time, even for first-time offenders. If an open container is found, you might still face a misdemeanor charge but with a higher fine or more jail time. DUI cases have criminal and administrative aspects; refusing tests pre-conviction could lead to a separate license suspension aside from the one following a conviction.
Second DUI
If you’re arrested for a second DUI within a decade of the first, you could face a second DUI charge. The “look back” period is 10 years, measured from arrest to arrest. Second DUIs are typically treated as misdemeanors.
Consequences encompass obligatory jail time spanning ten days to a year, fines exceeding $2,000, assessments, a 2-year license suspension. Additional penalties might vary depending on the specific California county of the arrest.
Third DUI
If you’re apprehended for a third DUI within a decade of the first, you could face consequences associated with a third DUI offense. The “look back” duration for a previous DUI is 10 years, counted from arrest to arrest. Generally, a third DUI is still considered a misdemeanor.
Punishments might entail mandatory imprisonment ranging from 120 days to 1 year, fines and assessments potentially reaching $3,000, a 3-year driver’s license revocation, attendance in an 18-month DUI School program, and the potential supervision. Additional penalties could be contingent on where the violation occurred.
Felony DUI
A DUI can escalate to a felony when the incident results in severe injury or death to another individual. This applies even if it’s the driver’s initial offense. Such a felony is often linked to cases where an intoxicated driver causes a fatal accident.
A felony DUI conviction results in significant penalties, both mandated by law and additional consequences linked to the conviction.
Statutory punishment for felony DUI involves a prison term of 16 months to 3 years, with the default being two years, though this can change based on factors considered by the court. Fines could reach up to $1,000, and driving privileges might be revoked for up to 4 years.
Conclusion
You should consult a DUI attorney like Alan Pearse to get the best defense for DUI. The attorney will give you legal advice and help you stay out of jail as possible. Look for a reputable DUI attorney near you, but first, conduct their background check.