The term DUI stands for driving under the influence while DWI, driving while intoxicated. Oftentimes a first offense for driving drunk is a considered a misdemeanor within the classification of crimes. Most people will not face jail unless there are enhancing factors such as:
- Blood-alcohol content (BAC) greater than .15
- Driving on a suspended license
- Reckless driving or speeding
- Prior felonies
The immediate impact of conviction is a 4-month license suspension, plus fines, alcohol classes or treatment, and other consequences such as skyrocketing car insurance.
It is critical to avoid a first-time conviction because penalties go up sharply if you have another DUI within 10 years. A second offense may mean jail time and loss of license for one year. A third DUI carries mandatory jail and license revocation. If you injure or kill (e.g. manslaughter) someone while operating a motor vehicle and are intoxicated, it is a felony.
To challenge the prosecution’s case:
- Were you actually driving the vehicle?
- Was there a legitimate reason to pull you over?
- Did the officer explain and honor your constitutional rights?
- Was your arrest based on unreliable field sobriety tests (walk-and-turn, horizontal gaze nystagmus) that most people can’t perform when sober?
- Was the breathalyzer test accurate and conducted properly?
- Were there procedural errors in your breath test or blood test at the station?
Act Now to Minimize License Suspension. You have 10 days from the date of arrest to request a DMV license suspension hearing. Failure to meet this deadline results in automatic suspension for four months or more. This is separate proceeding — it is possible to beat the suspension no matter what happens in your criminal case. If you lose at your hearing, you can still help you get a restricted license to drive to and from work, and get you enrolled in classes to get your full privileges back in the shortest time possible.
Zero Tolerance for Underage Drivers
If you are under 21, you can be convicted of DUI for having any alcohol in your system. You will lose your license for one year on a first offense. (Even possession of alcohol at a party can lead to suspension.)
DWI / DUI Lawyer
If you’ve been charged with a DUI / DWI or another criminal law offense it is important that you understand your legal rights. Contact an experienced criminal lawyer who can help protect your rights.
