Each state has its own road and traffic laws or statutes that cover penalties of driving under the influence (DUI). You can ask a DUI attorney in your area for the specifics of the matter in your state, or you can read state and local (cities and counties) driving laws.
There are general penalties associated with DUI. Most states and local governments apply these penalties with the specifications. For first DUI offense, a fine or monetary penalty is imposed on the person. The fine differs from state to state or the local government. A person convicted of DUI for the first time is restricted or suspended of his or her privilege to drive. The suspension grounds on the principle that driving is not a right of a person, but a privilege granted by the state or the government.
Attendance and completion of a road safety or DUI course is another requirement for a first DUI offense. There are driving schools offering the needed traffic school course. Check with the local traffic department for the list of accredited schools. Aside from the DUI course, a person convicted of DUI may also spend time in jail.
For the second DUI conviction, the same array of penalties must be faced, but this time the gravity of the fines is heavier. Perhaps, the fine is bigger this time or the driver’s license is suspended for a longer period. But most likely, you will spend time inside the jail. Unlike jail time for first offense wherein a DUI attorney can bargain on the length of the sentence, the second DUI conviction results to certain jail time. Subsequent offense that happens within 5 years after the first one may result to severe penalties.
For most cases, the court considers other factors before handing the sentence of the DUI conviction. The severity of the penalty is enhanced if the person refuses to submit to a BAC test or any other chemical test proxies. When the trooper pulls you off the road under grounds of prima facie evidence and you refuse to have the BAC test, it can be proof of unwilling and untrue remorse on the incident. Commonly, the trooper pulls a person off the road when the driver is speeding more than 30mph more than the speed limit of the region. This ground is a factor that adds severity to the penalty of the conviction.
The zero tolerance law dictates penalties for DUI among drivers 21 years old or below. However, for general purposes, the penalty of the conviction may be severe when damages on properties and individuals are imminent. The DUI conviction may increase to felony charges when another person is injured. DUI with manslaughter charge is issued when a person dies due to the incident. For states like California, a murder charge is raised when someone dies.
Whatever the circumstances of the DUI charge, it is very important to seek assistance and defense of a DUI attorney. The DUI lawyer knows the ins and outs of the sophisticated driving laws of states and local governments.
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