Over the years I have had many people come to my office and ask “how serious is a DUI”? My answer is always the same. Being charged with a DUI means you are being accused of committing a crime, and any crime, whether a misdemeanor or felony, is serious. In layman’s terms, a misdemeanor is a lesser offense with a lesser punishment and a felony is a greater offense with a harsher punishment. Whether your case is filed as a misdemeanor or a felony depends on factors such as blood alcohol level and any injuries that may have been caused by the incident. Either way, it is serious and can affect multiple avenues of your life, including employment, parental rights, immigration status, and housing opportunities.
Driving while impaired is a risk to yourself and those around you. If you struggle with alcoholism, then operating a motor vehicle probably isn’t the best idea; however, if you are accused of a DUI, whether guilty or not, MBM & ASSOCIATES can help to ease the burden and make sure you case is resolved fairly. Having represented hundreds of Defendants in similar situations, MBM has the experience and “know-how” to take care of you.
WHAT IS A ‘DUI’?
DUI means operating a vehicle while impaired by drugs or alcohol. This even includes prescription drugs that may impair your abilities. When in control of a vehicle, it is highly advised you avoid drinking alcohol or using any impairing substance. The name, driving under the influence, may vary depending on what state you are in. In some jurisdictions, a DUI is charged as an OUI (operating under the influence) or DWI (driving while intoxicated). All three have the same meaning.
The most common DUI offense is that of a person driving a car on the street; however, It is important to note that DUI offense DO NOT only apply to driving car. In fact, a DUI applies to persons operating the following modes of transport:
- Motorized watercraft
- Mopeds
- Lawnmowers
- Non-motorized bicycles
That’s right; you can get a DUI simply for riding your bicycle after a few beers.
WHAT HAPPENS IF YOU ARE CAUGHT?
If a police officer believes you are driving under the influence of alcohol or drugs, in most jurisdictions you will be arrested and taken to the local jail for processing. Depending on the severity of the incident, you may be released without having to post a bail bond (on your own recognizance) or if there are serious injuries involved, you may be required to post a bail bond sufficient to ensure you are not a flight risk or danger to society.
It is important to remember you are presumed innocent until proven guilty. If proven guilty, your sentence will depend in part on the aggravating circumstances applied to the state’s law. Consequences of a DUI guilty plea may include:
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Jail Time
This solemnly depends on your state. If this is your first offense and there are no aggravating circumstances, it will likely be considered a misdemeanor and is punishable by up to six months in county jail. If it is a repeat offense or if there are aggravating circumstances (i.e. felony and blood alcohol concentration), then your jail time may increase.
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Fines
A DUI guilty plea carries with it court fines and fees. The amount will vary depending on your state and jail time. If your jail time is greater, then the fines and fees are typically greater as well.
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Problems with driver’s License
The court system and DMV do not work together and have their own separate set of rules; however, in most states, being arrested for a DUI will result in your driver’s license being suspended even without having yet been convicted. If you are later found innocent, your license will be automatically reinstated.
In most cases, a license suspension is for a specific period of time and is normally linked to the number of times the driver has been convicted of the same offence. It can amount to six months for a first offence, two years for a second DUI conviction and the third, not less than three years depending on the jurisdiction.
If you are found guilty of a DUI, it is important that you work with the Court and DMV to ensure you are issued a provisional license after your conviction. Can you imagine getting pulled over and then having to defend another criminal case for driving on a suspended license?
WHAT TO DO AFTER A DUI ARREST?
As mentioned earlier, a DUI is a serious offense; however, you may be able to help yourself though the process by taking the follow steps from the very beginning:
- Contact a DUI attorney
- Locate a bail bondsman
- Request a DMV hearing
- Prepare for your arraignment
These steps are crucial, but above all it is important to contact an attorney to help you manage and defend your case. In choosing an attorney, you should look to those who have substantial experience in criminal law to avoid spending time behind bars. Our attorneys at MBM & ASSOCIATES have helped hundreds of people just like you. We have the experience, reputation, and know-how to make sure your rights are protected. If you are looking for advice, contact our offices today to schedule a free consultation.
