Being arrested for DUI is often a time of uncertainty and concern, including how to avoid DUI penalties that result from a potential conviction. The free arrest evaluation we provide and with your DUI attorney, will help in showing the best and latest legal tactics to aggressively defend your case, and most of all focus on possibilities to get your charges dismissed. If you have any concerns about your case, we provide a free online confidential DUI consultation of your arrest and pending case to discuss the possibilities of a dismissal and answer your questions.
11 Most Common DUI Penalties, Punishments, And Consequences For A DUI Or DWI Conviction:
- Administrative Driver’s License Hearing
- DUI Criminal Proceeding
- 1st DUI Offense Penalties
- DUI/DWI Penalties For Pleading Guilty
- The Most Common Penalties To Expect
- DUI And Career Consequences
- New DUI And DWI Penalties
- Stigma Of A DUI Record For Life
- Getting Hired With A DUI Conviction
- Travel Restrictions With A DUI/DWI
- Expensive Penalties Of Insurance Hikes
A conviction of DUI charges is usually dependent on three things. The first is the amount of evidence, and of which kind(s) the prosecutor has against you. The second is how skilled, experienced, competent your lawyer is. The third is ensuring your lawyer is doing all they could be for your case, and you are equipt knowing the proven legal tactics and methods that could help in getting DUI charges dropped. The amount and type of evidence the prosecution has against you will undoubtedly influence the outcome of your case. When you have the best information to fight DUI cases, skills and strategies, you have the strongest potential on your side to clear your charges and defeat the case against you.
The first part of your case is regarding the administrative action regarding your license status and/or suspension, and the criminal case that follows, which can result in penalties including jail-time, fines, and probation upon conviction. Individual circumstances and a prior DUI record in such cases including the number of such convictions will impact the penalties. It is important enough to note that the state mandates minimum penalties for DUI convictions. Your punishment could be much harsher than that minimum, largely dependent upon the specific details of your case. For example, if your breath test exceeded .15 blood alcohol content (BAC), or there was any property damage, or there was a minor in the vehicle, the minimum penalties can and will likely be more severe. Conversely, time spent in residential alcohol and/or drug rehabilitation programs can and may be credited toward future jail time if you are convicted, depending on the individual circumstances. With our free online help, and when the appropriate countermeasures are used to defend your case, you can manage to avoid DUI penalties such as these.
Formal Administrative Hearing Regarding Your License
You have the right to schedule an administrative hearing within 10 days of your arrest. If you plan to ask for an administrative hearing, you should do so, or inform your attorney to do so, before the last three days of that ten day period. You have the right to be accompanied by an attorney of your own choosing to be present with you at the hearing. A skilled DUI lawyer can help to mitigate and reduce any penalties or suspension at this hearing. By taking advantage of letting us evaluate your arrest details online, it may help in showing you possibilities with information how to protect your license from suspension at this hearing. This hearing does not decide whether or not you are guilty of a criminal act, but instead decides whether your arrest procedure followed all the certain basic ground rules, looks at any refusal to take the test and whether or not your license to drive a motor-vehicle in your state should be suspended or revoked. Along with your DUI attorney, our guide helps in outlining every best defense strategy that can potentially be used to save your drivers license at this hearing if they are enacted in time with certain common DUI cases.
DUI Criminal Proceeding
The criminal hearing is, naturally, different than the civil hearing, and determines the correct classification of your conviction and ascertains what penalties may or must be assessed. It can be much more objective than the civil hearing. This includes incarceration, fines and fees to be paid, length of license suspension, possibility of parole, community service, alcohol or drug program requirements and ignition interlock device installation, among others.
1st DUI Offense Penalties
For a first DUI offense, you can be sent to jail for up to twelve months, and serve a mandatory minimum of 6 months probation; driver’s license suspension of six months; vehicle impounded for ten days; fifty hours of community service and/or an added fines per hour of community service required; plus fines of well-over $500-$1,000. This doesn’t even include any DUI attorney fees. The information we can provide you after evaluating your case details, when used with an experienced DUI attorney may help prevent you from many of these DUI penalties if your DUI case dismissal is successful and done in a timely manner.
If you are convicted or plead guilty for a first DUI or DWI offense charge in court, you will most likely face the following penalties:
- Permanent criminal record, which includes your mug shot and fingerprints.
- Driver’s license suspension for 1-3 years.
- High DUI fines you will be required to pay, in addition to attorney fees.
- Installation of an ignition interlock device in your car for 1 year at your expense.
- A person convicted of a first DUI or DWI offense could face raised insurance rates in excess of $10,000/year for 5 years or more.
- A person with a DUI/DWI conviction on their record can be denied entry into other countries when traveling outside the United States.
What are the most common DUI penalties I can expect to face?
If you are convicted for a DUI or DWI arrest charges in court, a person will face the following 6 required penalties in most states:
- A permanent criminal record, which will include a mug shot photo and fingerprints.
- Driver’s license suspension for a minimum of 1 year.
- High costs for classes along with other DUI fine amounts which a person convicted of DUI/DWI will be required to pay.
- Installation of an Ignition Interlock device system in your vehicle for a minimum of 1 year. This too will be at a person’s expense, on top of the addition of other DUI fees.
- Many drivers with a DUI offense conviction will either have their current car insurance policy dropped, or face much higher insurance rates with some premiums reaching in excess of $10,000/year for the next several years.
- You may be denied entry into other countries with a DUI on your record if you plan to travel abroad.
The Truth of a DUI Conviction and Career Consequences Explained, and Additional Penalties for a DUI/DWI Conviction or Guilty Plea
For a person facing a second or third DUI offense, some other common penalties a person can expect is: a minimum jail sentence of 30 days, a minimum 3 year driver’s license suspension, plus any other DUI and DWI penalties that are required for a first offense conviction or guilty plea. For a person facing a third DUI arrest offense or more, they can expect: a jail sentence of at least 120 days, a suspended license of at least three years, or a possibly even a lifetime driving suspension.
DUI and DWI penalties have become more severe every year with higher fines, Ignition Interlock requirements, and longer periods of a driver’s license suspension.
A driver will likely face even harsher and possibly more expensive DUI penalties if their alcohol BAC reading was over twice the legal limit which is .08 BAC. One of the reasons for DUI and DWI penalties becoming more severe and costly in recent years, is due to active organizations such as MADD who advocate for stronger new DUI laws. Some of the most severe penalties for driving under the influence may now include criminal negligence charges if a DUI driver causes injury, death, or extensive property damage while driving intoxicated due to alcohol, drugs, or even prescription medication.
One of the worst penalties for DUI is the stigma of having permanent criminal record for the rest of your life.
If you are arrested and convicted of any type of DUI or DWI offense charge, you will receive a criminal record for life now in almost every state, and it cannot ever be expunged. A DUI on a person’s record might not have been as big of an issue in years past, however this is certainly not the case any longer in today’s information age. Since a DUI offense is a criminal record that can be found in any standard background check, it will severely affect a person’s ability to be hired by a future employer if they run a background check and finds the DUI on a person’s criminal record. For example, it will virtually be impossible to be employed in most states as a police officer, firefighter, government employee, teacher, nurse, and many other professional jobs. This is especially true for any type of job that requires extensive driving or having a company car.
Why many jobs will not hire a person with a DUI conviction in their past, regardless of how long ago it was.
Even if a DUI is on person’s record from several years ago, it’s an unfortunate reality that many companies still wont take into consideration factors such as how long ago the offense was, and still will decide not to hire someone with a DUI in their distant past. This sometimes has to do with legitimate reasons such as a company’s insurance policies, if a position requires the use of a company vehicle or driving client’s around. However many times it still just comes down to the social stigma a DUI has, and the people in charge of the hiring decisions not always being competent enough to handle the background information they find in a fair or objective manner. This is just another example of how the technology era today with obtaining personal information so easily, is still often more advanced than some peoples ability to properly handle with common sense the information they find. The only potential silver lining with this is because with strict new DUI laws the threshold to get a DUI today is so low, since more people are unexpectedly finding either themselves, a loved one, or friend directly affected by a DUI arrest, it may help in some cases to loosen up some companies hiring policies in the future for people with a past DUI on their record, when all the facts of the record can be reviewed in a truly fair and reasonable manner. However even if that hypothetical scenario does happen in the future with some companies hiring policies in regards to DUI, it would be years, if ever. So that is why the one thing to take away from this reality in the here and now, is to realize just how essential it is to do everything in your power right now to fight to beat the DUI charges effectively – while the case is still in progress and there is still time to get the best defense possible, and avoid the further penalties of a problematic future with a DUI conviction on your record.
Penalties for traveling restrictions with a DUI/DWI.
A criminal record for a DUI or DWI offense in a person’s past, could very well result the penalty of being denied entry into other countries and being red-flagged at customs. This is because many countries do not allow people with any type of criminal records to enter, therefore this does include any DUI/DWI offense convictions. If you are currently in the process of going to court for DUI arrest charges, your ability to travel is another reason why it is important to have an experienced DUI lawyer examine your arrest details for the best defense options. When a DUI attorney is is able to win or possibly plea bargain down your charges down to a lesser offense, they will also know what to do for how to request removal of your travel restrictions to other countries. For a person who is a legal immigrant in the U.S. and gets arrested for DUI or DWI, it could cause significant problems in receiving your citizenship. For example, a person can be deported if here on a temporary work permit, or a student visa. After reviewing the circumstances of the DUI arrest details, a local DUI/DWI lawyer may be able to prevent those penalties and serious ramifications from happening.
The expensive DUI penalties of costly auto insurance hikes
As mentioned previously, one of the most costly penalties of a DUI or DWI offense will be in the costs of your auto insurance rates. A person’s car insurance policy will likely get cancelled, or the rates will skyrocket after a DUI conviction or guilty plea. For those people who have their current car insurance policy cancelled for a DUI, the type of auto insurance they will likely be required to get is for high-risk drivers. In Ontario there are only a small handful of insurance companies will insure drivers with facility insurance. Many of these types of high-risk insurance premiums may start at $10,000/year for many years. Therefore auto insurance can end up costing someone over $30,000 in rates over the course of just three years as a result of a driving under the influence conviction. Some car insurance companies could hold high cost of rate premiums for 5 years or more. These additional DUI penalties and costs is why you need an experienced and local DUI lawyer to examine your case details through us as soon as possible following an arrest, so they can help you have the best chances of avoiding these severe penalties for DUI and win against your charges.