Drunk Driving Penalties

The exact penalties for a drunk driving (DUI) conviction in any given case will depend on many factors. The first one is the law of the state in which a person is convicted. Another important factor is whether the conviction is a person’s first or whether it is a second or subsequent conviction.

The punishment for a misdemeanor driving under the influence (DUI) usually includes the payment of a fine. Sometimes in conjunction with a term of imprisonment in a county jail, usually with a maximum sentence of no more than 1 year. These are some typical punishments for a misdemeanor DUI

However, if a person’s case involves an aggravated drunk driving charge, such as an offense that caused serious personal injury, or if the person has prior DUI convictions, it can lead to a felony charge for the DUI offense.

The punishment for a felony may lead to the payment of higher fines than those imposed for misdemeanor offenses. In addition, the offender may have to serve a longer jail sentence or even a term in state prison.

For example, a first-offense DUI that involves injury to a person is charged as a felony in California and plays out as follows:

• The sentence is enhanced;
• The penalty is from 16 months to 6 years in state prison;
• Payment of a fine of $1015 to 45000, plus the payment of restitution to injured parties;
• Mandatory use of an ignition interlock device (IID) for 1 year; and
• Attendance at DUI school for 18 or 30 months.

As can be seen, this is more severe than the punishment for a misdemeanor DUI offense in California.

The penalties for drunk driving and the level of the offense charged, i.e., misdemeanor versus felony, depending on the facts surrounding the case and the law in the state in which the offense is committed. In many states, the punishment for drunk driving may be more severe if any of the following are true:

• The incident of drunk driving caused serious bodily harm or death to another person.
• The person charged is a repeat offender, and this is their second or subsequent offense.
• A person who was a minor was injured in an accident associated with the DUI.
• In some states, if a person’s blood alcohol concentration (BAC) is above a certain amount, usually 0.15% in most states.

In many states, a drunk driving conviction may lead to several other penalties, including suspension of a person’s driver’s license or having their car taken away, i.e., impounded. Drunk driving convictions may also lead to several other penalties if the DUI involved an accident that caused injury to another person.

In some states, even a first-time offender may face jail time and fines in addition to participation in an education program, community service, or suspension of the offender’s driver’s license for a period of time.

For example, in California, a person convicted of a first-offense misdemeanor DUI faces up to 6 months in county jail, payment of a fine of from $390 to $1,000, and 6 or 9 months of attendance at DUI school.

In addition, a person may be required to have an ignition interlock device ( IID) in their car for 6 months. Reportedly the IID is usually not mandatory for a first-time DUI conviction. However, if a person does not have the IID in their car, the California Department of Motor Vehicles would suspend their license for 4 months. After the first 30 days, the person could get a restricted license allowing them to drive to and from work for 5 months.

An IID is a device into which a driver must breathe before they can start their car. It is essentially a breathalyzer, and if it registers that the driver has any blood alcohol content (BAC), it does not allow the car to be started.

The punishment for a first offense DUI in Florida is quite similar. A first time DUI offender can be sentenced to up to a maximum of 6 months in jail, 9 months if the offense is aggravated. There is no mandatory minimum time in jail that a person must serve.

However, the maximum possible jail term can be 9 months if the offense is aggravated by any of the following circumstances:

• The offense involved a BAC of 0.15% or higher.
• The offense involved a passenger under 18 years old.
• The maximum possible jail term can be 1 year if the DUI involved an accident that resulted in property damage or minor bodily injury.
• The maximum possible jail term could be 5 years if the DUI involved an accident that resulted in “serious bodily injury.”

A judge is not required by Florida law to impose any jail time at all for a first DUI conviction.

In addition, in Florida, a person can be ordered to pay a fine of $500 to $1,000 or $1,000 to $2,000 if the offense is aggravated. A person’s license can be revoked for 180 days to 1 year. Lastly, a judge can sentence a person to use an IID for 6 months if the offense is aggravated, which is optional if the person’s BAC was less than 0.15%.

As can be seen from these two examples, DUI punishment can be quite technical. Each state has its own law that specifies the penalty for the various DUI offenses in the state.

Can Drunk Driving Penalties Be Lessened or Reduced?

The penalties for drunk driving can sometimes be lessened or reduced, depending on the circumstances of the case. For example, if this is the first time the impaired driver has been charged with DUI, the judge is more likely to pronounce a lighter sentence.

Also, if later in the case evidence shows that the breathalyzer test was administered incorrectly, or was faulty or otherwise inaccurate, then this may affect how the judge determines the sentence at the driver’s sentencing hearing.

In some states, judges may prescribe DUI diversion instead of the usual fines and/or jail time for first time offenders and minors. DUI diversion is an alternative sentence that requires the perpetrator to take various measures, such as the following:

• Participate in alcohol rehabilitation or alcohol education programs.
• Complete some hours of community service.
• Use an IID for a prescribed period of time.

In other states, even a first-time offender may face jail time and fines in addition to participation in an education program, community service, and/or use of an IDD or driver’s license suspension.

For example, in California, a person convicted of a first-offense misdemeanor DUI faces a possible term in county jail, payment of a fine, and attendance at DUI school. In addition, the person may be required to have an IID in their car, and if that is not required, their driver’s license is suspended for 4 months. Of course, they may be able to get permission to drive to and from their job.

What Is DUI Expungement?

When a person is convicted of a DUI offense, they may have the option of removing the conviction from their criminal record. In general, this is referred to as an “expungement.” In the case of a DUI conviction, it is called a “DUI expungement.”

Each state has its own law regarding DUI expungement. Generally, however, obtaining a DUI expungement is possible only after a certain amount of time has passed since a person was convicted, typically at least five years.

In most states, the three general requirements that must be met to obtain a DUI expungement are as follows:

• The person convicted must have been sentenced to probation of some kind as part of their sentence. If the person was not sentenced to a period of probation, then a judge is unlikely to allow expungement;
• The person must have complied with all the requirements of their probation. If the person violated the terms of their probation, they are not likely to be allowed to expunge their DUI conviction; and
• The person cannot have new criminal charges pending when they request the DUI expungement. If a judge can see that the person wants to expunge a past DUI conviction so it cannot be used as an enhancement in a current case, the judge will not likely grant the expungement.

Again, everything depends on the law in the state in which a person was convicted. For example, DUI convictions in Texas and Mississippi cannot be expunged at all. In Arizona, courts can set aside and eventually expunge a DUI conviction.

Do I Need to Hire a Lawyer for Help With My Drunk Driving Charge?

Having a criminal history that includes a DUI conviction is a serious matter, especially when it is for a felony DUI offense. If you would like to get a DUI expunged or are facing a DUI charge, you want to consult an experienced local DUI or DWI lawyer as soon as possible.

An experienced attorney will be able to protect your rights. Your lawyer can explain your options and guide you to the best way forward in your case. Your lawyer can also help assess your case’s facts to identify any defenses that may be available to you.