Frequently Asked Questions on Punishments
PUNISHMENT IN DUI / DWI CASES
Q. Just how serious is a DUI, DWI or drunk driving
case? What possible punishment is there for drunk driving?
Will a DUI or DWI conviction affect my professional license?
A. Punishment for a DUI, DWI or drunk driving will vary from state to state, or even county to county. If you are charged with DUI, DWI, or a related offense, please call one of our lawyers to discuss the potential punishment in your geographic area.
The potential consequences will depend upon whether or not it is the first offense, and whether various punishment enhancements may apply. Generally, for a first offense DUI or DWI, penalties will include a fine, possible jail time or community service, a driver's license restriction, and mandatory attendance at an alcohol and drug education program. For second offense or multiple offense drinking and driving convictions, some jail time will almost certainly be imposed, as well as a much longer alcohol and drug education program. Attendance at AA meetings, a required installation of an ignition interlock device, or impounding the offender's car are also possible punishments for a drunk driving conviction.
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SENTENCING ENHANCEMENTS
Q. What are some of the things that enhance the punishment in a DUI, DWI, or drunk driving case?
A. This too will vary from state to state, or county to county. In general, though, there are certain factors that can trigger additional punishment in a DUI or drunk driving case. These include some of the following:
- A child being in the car while the driver is DUI / DWI.
- Speeding above certain levels (20-30 mph over the limit) while driving under the influence of alcohol.
- A blood alcohol concentration or breath alcohol test of .20% or greater while DUI / DWI.
- Refusing to submit to a chemical test of blood, breath, or urine when suspected of DUI / DWI.
- An accident, property damage, or injury arising out of a DUI / DWI case.
- The person driving under the influence is under 21 at the time of the offense.
- Prior convictions for DUI, DWI, OUI, OWI, or a related drunk driving offense.
In many states, if someone is injured by a DUI driver, even if a passenger in the drunk driver's car, the case is considered a felony DUI / DWI. Also, if there is a death related to a DUI / DWI case, the drunk driver can be charged with vehicular manslaughter or even murder.
SENTENCING ALTERNATIVES
Q. What alternatives are there to jail or prison for someone who has a DUI DWI conviction?
A. There are many. Consultation with a criminal defense attorney is invaluable to properly determine which is the best in a given case.
Alternatives to jail include alcohol and drug rehabilitation and sober living environments, electronic monitoring and house arrest, work release and work furlough, community service, roadside labor, graffiti removal, and many more. There are pros and cons to each, and a knowledgeable criminal defense lawyer can help you decide which is best.
Creating the winning sentencing alternative requires through investigation and preparation. It helps to work with a lawyer who will take the time to get to know you personally, and have your best interests at heart.