The issue of drunken driving has gotten
a lot of attention in America over the recent years thanks to endless public
campaigning and awareness programs. The fact is that one American dies every 51
minutes due to drunken driving and so drunken driving still remains the
number one threat to public safety in the country, and even surpasses
terrorism on this front.
But terrorism affects our culture, way
of life, is actual murder, and affects our economy in ways that drunk driving
will never match. With that said, drunk driving mayhem is still a serious issue
that requires America’s attention.
Legislators and law enforcement have
tried to tackle this issue in the recent years with tougher laws against drunk
driving and drunk driving offenders. These laws may vary from state to state.
If you want to know what the specific laws are in your state then you ought to
consult a criminal defense lawyers soon as possible.
Misdemeanor
DUI
There are several different charges that
may be filed by prosecutors against a drunk driver, which depends on the
particular situation and arrest. A person found to be only marginally over the
legal limit of .08% blood alcohol content (BAC) without any previous drunk
driving convictions may be charged with a first offense misdemeanor DUI which
could possibly land him/her in jail for a brief period and also pay a fine.
Felony
DUI
On the other hand, if a driver with
previous DUI convictions is the perpetrator of a serious drunk driving auto
accident that either killed or seriously injured someone then he/she may be
charged with a felony DUI which is a much more serious criminal offense.
A felony DUI may possibly come with
decades of prison time, revocation of the driver’s license, fines in the order
of thousands of dollars and several other implications. If you find yourself in
such a predicament, we strongly suggest that you appoint a DUI attorney to help defend yourself without delay. You will be motivated to do
once you see the dreaded paperwork written with your name on it.
While a misdemeanor DUI can only be
punished with a maximum jail sentence of one year (in most states), the minimum
sentence for felony DUI convicts is one year.
Apart from prior convictions and the
severity of the accident, another factor that determines whether or not a
felony charge will be pressed against the suspect is the percentage of BAC. In
most states in America, 0.08% BAC is considered the legal limit to drive (this is
with respect to adult, non-commercial drivers only, the limit is much lower for
underage or commercial drivers as it should be).
When someone is tested for their blood
alcohol and it transpires that they are well over the limit, two or three folds
over the limit, then as per criminal defense lawyers, the odds are that they
are looking at a potential felony DUI charge.
A
Clean History
However, if a suspect undergoes a
breathalyzer/blood test and results indicate that he/she was only marginally
above the limit or right at the limit, chances are that it will probably be
treated as a misdemeanor DUI provided nobody was seriously injured in the crash
and that the suspect has no history with drunken driving.
If you have been charged with a DUI, it
is vital to get started
building your defense as soon as possible. The best way to do so is to
reach out to a criminal defense lawyer today.
You may about to have the law book
tossed completely at you but so what? This does not mean your life is over
with. This does not mean you do not have legal options sitting in front of you.
There could be a mistake in the process of evidence. Sloppy police work should
be exploited.
Perhaps you had a reason to be driving
fast. Perhaps you did not even want to be driving drunk at all but you had to
drive drunk since a family member needed your help. You did not plan on driving
drunk but the timing of this emergency was horrendous. You do not always have
the luxury of choosing when an emergency pops up, when do you ever do?
No comments:
Post a Comment