The sentencing guidelines and punishments for drunk driving convictions vary from state to state. Most states give some wiggle room for a first offense and let it be punished as a misdemeanor. Still, most take drunk driving seriously and impose severe penalties for repeated offenses when aggravating circumstances are present. However, there are certain places where a first violation is only a civil infraction, not even a misdemeanor, but it is not always the case. Hiring an experienced DUI lawyer is important if you want to save yourself from the penalties and other consequences. Below are six penalties you will have to face if you have been charged with a DUI.
Jail or Prison Time
If you are found guilty of a DUI, you may be subject to jail time, fines, a mandated alcohol assessment and treatment program, community service, and probation. A first-offense DUI is often considered a misdemeanor, so you won’t risk a lengthy prison sentence. The maximum sentence you might receive in most first-offense DUI cases is six months in jail, even though certain jurisdictions have minimum jail terms (typically one or two days). However, many states demand longer jail or prison time when there are aggravating elements, such as an extremely high blood alcohol content or an accident when the DUI results in serious bodily injury. Additionally, heavier penalties are often imposed for consecutive DUI crimes.
Fines and Costs
A DUI could also turn out to be costly. Even for a first infraction, fines and fees can run from $500 to $2,000 or more, depending on the state. In addition, you can be forced to pay for and install an ignition interlock device (IID). A motorist using an ignition interlock device must blow into a device mounted on the vehicle’s dashboard; if the driver’s blood alcohol concentration is above a certain threshold, the vehicle will not start.
License Suspension or Revocation
If you are found guilty of DUI, your license will probably suffer. Your license may be suspended in all states as part of the penalty, either by the state’s department of motor vehicles or by a judge’s order. The laws of each state govern the length of the suspension. For a first offense, a typical suspension time is 90 days. However, in many states, you can apply for a limited license to drive to work, school, or treatment during the suspension, frequently with an IID affixed. The period of suspension you will be subject to for subsequent offenses is often lengthier if you have more than one DUI conviction on your record. Drivers found guilty of DUI may have their licenses suspended in various areas.
Insurance Consequences
Insurance repercussions might result from a DUI conviction as well. Your auto insurance provider may remove any excellent or safe driver discounts previously applied to your account, and you may be viewed as a high-risk driver and required to pay higher rates. You could need to locate an insurer specializing in high-risk insurance, which is quite expensive if the insurer cancels the insurance policy, which happens sometimes. In certain areas, an intoxicated driver’s vehicle may be seized.
Enhanced Penalties
The penalties are increased when specific conditions exist, like an unusually high blood alcohol percentage. For instance, in Alabama, a first-time offender with a blood alcohol level of 15% or above faces a 90-day license suspension and a 2-year ignition interlock device installation requirement.
Treatment and Education
Alcohol misuse treatment or education programs are frequently included in sentencing for a DUI conviction. This kind of program might help you get help for alcohol consumption or could test you for alcoholism. Sometimes, coupled with probation and license suspension, this is the principal punishment for a first violation, although it may include other demands like community service and victim compensation.
States also vary regarding how much discretion judges have when deciding what punishments to impose. For example, while some states have minimum mandatory sentences, others let the severity of the punishments depend on the circumstances of the crime.