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What Happens If You Are Cited With A DUI?
Author : Olivia Blakely
Submitted : 2011-12-27 22:46:52 Word Count : 640 Popularity: 0
Tags: DUI
If it is the first time you've been charged with a DUI, you can generally expect to be charged with a misdemeanor violation. In some cases, you may be charged with a felony. If you're pulled over for driving under the influence, (operating an automobile while under the influence of alcohol and/or drugs) to the point that you're unable to drive your car safely, or you have a blood alcohol level higher than 0.08% (which is considered illegal per se), you should probably think about hiring an attorney. If your blood alcohol level reaches a certain point, or your blood test reveals prohibited drugs in your system, it is considered a per se offense. If you are charged with a DUI or have an excessive BAC level, and you're involved in an accident that causes death or serious bodily harm to another, you will be charged with a felony, punishable by 2-20 years in jail.
For a first offense, you can normally expect to spend at least 2 days to up to 6 months in jail, or in the alternative, could be required to complete 96 hours of court approved community service. In addition to jail time, you will likely be subject to a fine of somewhere between $400 to $1,200, in addition to other court fees and assessments. Your fines aren't the only punishment; it's more likely than not that you'll be required to complete an 8-hour court approved DUI school or substance abuse course, depending on the charges leveled against you. Fortunately, these courses can often be finished online. You'll be required to go to a drunk driving "Victim's Impact Panel". It's likely you may be required to have an "ignition interlock device" or IID installed for 3-6 months. If your blood alcohol level exceeds .18%, you will be required to submit to an alcohol abuse assessment. Finally, your license will be suspended for 90 days, and can only be reinstated after paying required fees, and passing required tests, as well as submitting an SR-22 proof of insurance form. In some cases, you might be able to request a restricted license that enables you to drive to and from your job or in the course of employment, after the first 45 days of suspension has been satisfied.
Once you've been charged with a second DUI, arrest and conviction, and it happens within seven years of your first DUI offense you are looking at a minimum of ten days in prison, and as much as 6 months in jail. The fines increase for a 2nd offense as well, ranging from $600-$1,200, in addition to the court fees and assessments. You will likely have your license revoked for one year, and will have to pay added fees to have your license reinstated and once again be required to file an SR-22 form showing proof of insurance. If your BAC reads above .18, you'll be ordered by the Court to undergo either an alcohol or drug assessment before Sentencing, which could result in an additional 6 months of counseling.
Should you ever be arrested for a third DUI, arrest and conviction within 7 years of your first DUI offense, your charge could be elevated to a felony charge and conviction resulting in a state prison sentence ranging from 1-6 years. The fines multiply along with the jail term, ranging from $2,000-$5,000, in addition to court fees and assessments. Your drivers license will be revoked for three to five years. To have your license reinstated, you will be required to pay numerous fines and assessments and file an SR-22 form showing proof of insurance.
If you've been arrested for a DUI, you should consider discussing these penalties with an attorney. You have your freedom, your employment, and major car insurance increases to consider.
Author's Resource Box
Olivia Blakely is a freelance writer specializing in legal special interest articles for Las Vegas Short Sale Lawyers and Las Vegas Record Sealing Attorneys.
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