In most states, DUI (Driving Under the Influence) is considered a criminal offense rather than a traffic infraction. Typically charged as a misdemeanor, DUI offenses are punishable by up to one year in county jail. Misdemeanors are less severe crimes compared to felonies, which can result in more than one year of custody.
Typical Penalties for DUI Offenses
Penalties for a drunk driving conviction vary based on the specifics of your case and the laws of your state. For a first offense with a blood alcohol content (BAC) of 0.08% or more, you may face:
- Up to six months to one year in jail
- Fines
- Driver’s license suspension or revocation by the DMV
- Probation
- Enrollment in DUI school
- Community service
- Installation of an ignition interlock device (IID)
States often have a “lookback period,” where prior DUI convictions within a specified timeframe increase penalties for subsequent offenses. For instance, a second DUI within a lookback period results in harsher consequences compared to a first offense.
When DUI Becomes a Felony?
In many states, DUI (Driving Under the Influence) can be prosecuted as a felony under specific circumstances:
- Prior Convictions: If you have previous DUI convictions.
- Injury or Death: If you cause physical injury or death while driving intoxicated (vehicular manslaughter).
- Child Passenger: Some states consider having a child passenger during drunk driving as a felony or increase misdemeanor penalties.
Felony DUI penalties typically include at least one year in prison, substantial fines, and long-term license suspension. Certain states offer rehabilitation programs as alternatives to some prison time.
Will a DUI Result in a Criminal Record?
A DUI (Driving Under the Influence) conviction is considered a criminal offense, which means it will result in you having a criminal record.
A “criminal record,” also known as a RAP sheet (Record of Arrests and Prosecutions), details your criminal history, including DUI convictions. In some jurisdictions, traffic violations can also appear on your criminal record.
Employers conducting background checks can typically access your criminal record, which may include:
- Past criminal convictions
- Negative credit report information
- Previous housing issues, like evictions
In most jurisdictions, a DUI conviction remains on your criminal record permanently.
Can an Expungement Help with a DUI?
Yes, an expungement can be beneficial if you have a DUI (Driving Under the Influence) conviction on your record.
An expungement involves the court ordering the state to destroy your criminal record. In some states, record seals are offered instead of expungements, where your criminal history is hidden from most entities rather than destroyed.
Having your criminal record expunged or sealed means you are not required to disclose it on job applications or during job interviews.
Is Drunk Driving Ever Just an Infraction?
In a few states, underage drinking and driving is treated as a traffic infraction rather than a criminal offense. Additionally, some states have a lesser charge called DWAI (Driving While Ability Impaired), which is classified as an infraction.
However, in most cases, DUI (Driving Under the Influence) is prosecuted as a criminal offense. It is rare for DUI to be considered solely as an infraction.
Do I Need an Attorney if Arrested for DUI?
Yes, seeking legal advice from a defense lawyer or DUI attorney is crucial if you’ve been charged with drunk driving.
A criminal defense attorney can provide essential assistance by:
- Helping secure your release from jail after an arrest
- Representing you at court appearances
- Negotiating with prosecutors to potentially reduce charges, such as from DUI to reckless driving
- Defending you against criminal charges with a robust legal strategy
Having an attorney greatly increases your chances of achieving a case dismissal or obtaining a favorable plea bargain.
Best Defenses to a DUI Charge
Several effective legal defenses to DUI charges include:
- Demonstrating you were driving with a blood alcohol level below the legal limit (typically 0.08%)
- Arguing you were not impaired while driving
- Challenging the accuracy of breathalyzer or field sobriety tests conducted by police
- Contesting the legality of the police stop due to lack of probable cause
A skilled criminal defense lawyer can also assist in obtaining an expungement or record seal if you are convicted of drunk driving.
Navigating the court process with the help of a DUI attorney can significantly improve your chances of achieving favorable case outcomes.
