Being arrested for driving under the influence is often a time of uncertainty and concern. We provide answers to questions about how to avoid DUI penalties near me that result from a potential conviction. The free arrest evaluation we provide and with your local DUI or DWI attorney nearest you, 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 arrest consultation of your arrest and pending case to discuss the possibilities of a dismissal and answer your questions.
11 Most Common 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 for driving under the influence of alcohol or drugs 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 the 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 the case, and acquire the legal skills and strategies needed, 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 criminal record in such cases including the number of such convictions will impact the punishment. 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 sentences such as these.
1. 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 locally-based DUI defense lawyer near you 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 criminal drunk driving attorney, our online assistance 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 operating under the influence cases.
2. 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.
3. 1st DUI Offense Penalties
For a first offense drunk or drugged driving punishment, 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 price doesn’t even include any of the DUI attorney fees.
The information we can provide you after assessing your arrest info, when used with an seasoned local defense attorney it may help prevent you from many of these penalties for a 1st offense if your case dismissal is successful and done in a timely manner in court.
4. 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 court 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 even one conviction on their record can be denied entry into other countries when traveling outside the United States.
5. What are the most common penalties for this offense 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 mandatory fine amounts which a person convicted of this offense 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 first-time 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 drunk driving criminal charge on your record if you plan to travel abroad.
6. The Truth about a Conviction with 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 court-ordered consequences that are required for a first offense conviction or guilty plea.
For a person facing a third-time 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.
7. 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 driving under the influence penalties if their alcohol BAC reading was over twice the legal limit which is .08 BAC. One of the reasons for DUI and DWI punishments are becoming more severe and costly in recent years, is due to active organizations such as MADD who advocate for stronger new laws for first offenders.
Some of the most severe sentences for driving under the influence may now include criminal negligence charges if a drunk driver causes injury, death, or extensive property damage while driving intoxicated due to alcohol, drugs, or even prescription medication.
8. One of the worst consequences 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 drinking or drugged driving offense charge, you will receive a criminal record for life now in almost every state, and it cannot ever be expunged. Just have one offense on a driver’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 this offense is a criminal offense on a person’s 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 or DWI 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.
9. 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 intoxicated driving offense 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 drunk driving arrest 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, strict new DUI and DWI laws the threshold to get charged with this offense today is so low. Therefore more people are unexpectedly finding either themselves, a loved one, or friend directly affected by a this type of arrest, it may help in some cases to loosen up some companies hiring policies in the future for people with a past drinking and driving charge 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 these charges effectively. This outcome can only happen when 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 conviction on your record.
10. Punishment for traveling restrictions with a DUI/DWI.
A criminal record for a conviction or guilty plea to this serious arrest 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 under the influence related offense convictions. If you are currently in the process of going to court for these charges, your ability to travel is another reason why it is important to have an experienced criminal lawyer examine your arrest details for the best defense options.
When a local qualified 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 arrest information, we may be able to prevent those penalties and serious ramifications from happening.
11. The costly penalties of expensive car insurance rates
As mentioned previously, one of the most expensive consts of a DUI or DWI offense will be in the price of your car insurance rates. A driver’s car insurance policy will likely get cancelled, or the rates will skyrocket after a conviction or guilty plea in court. For those people who have their current car insurance policy cancelled for this offense, the type of auto insurance they will likely be required to get is for high-risk drivers.
Many of these types of high-risk insurance premiums may start at $8,000/year for 5 years on average after the court conviction. So car insurance penalty can end up costing someone over $25,000 in increased prices over the course of a few years as a consequence of a this criminal offense. These additional penalties and fees is why you need an experienced and local specialist lawyer nearest your location to review your own case details through us as soon as possible following an arrest.
We can help you have the best chances of avoiding these severe punishments for and win against your charges, if you take action by obtaining help in enough time for the case.