Going to jail for a DUI charge can lead
to serious consequences that can take a toll on one’s finances, career, and
social life as well.
Your chances of going to jail for a first-time DUI,
depends on the state from where you are taken into custody, but time in jail is
a real possibility if you are in for a second, third, or fourth DUI. Punishment
for crimes differs from one state to another and even from one county to
another, in some cases. In states where judges have leeway in sentencing,
several personal elements also can come into play.
What is a misdemeanor and jail time in
one state, can be a suspended sentence in another. Therefore, it is always sagacious
to be aware of the driving laws of your own state, possibly by consulting a DUI
lawyer from your area, city, or county.
Punishment
Varies
Several states now mandate a few days of
compulsory prison time for
all first-time offenders. Apart from regional court policies, there are
factors that can influence whether you receive jail time or a suspended
sentence for a first offense. This includes your level of impairment, being a
minor, aggravating factors such as speeding, distracted driving, or if you are
unwilling to take a drug or BAC test.
Sometimes even without any of these
factors present you are likely to face jail time for subsequent offenses. In
some states the status of your crime may be a misdemeanor for 1st
DUI and felony to 2nd/3rd DUI, thus placing your
violation in an extremely serious category. In many states, a third/fourth DUI
conviction can result in around three months of jail time, according to DUI
attorneys.
Vehicular
Homicide
When a person operates a motor vehicle
negligently, which results in the death of someone, a vehicular homicide charge
is most likely. Some states do not have vehicular homicide in their list of
crimes, but only manslaughter or murder. Several states have vehicular homicide
codes of their own that increase penalties when the driver is intoxicated.
Generally, the prosecutor handling a
vehicular manslaughter case has to prove only one thing – that the driver
breached some law, either a misdemeanor violation or a felony, and that
violation caused the death. In short, even if you happen to commit a relatively
negligible misdemeanor infraction, you might be found guilty of vehicular
homicide.
For the most part, vehicular homicide
regulations don’t require intent to cause death as they remain dependent on the
principle of negligence or gross negligence, as that death occurred due to the
reckless disregard for the safety of people.
Jail
Time No Matter What
As we have seen, sentences for vehicular
manslaughter and homicide can vary, and the less shocking the circumstances or
the violation, the more the chances of the defendant serving a jail time of
less than one year, or sometimes just a suspended sentence. On the contrary, in
states like Louisiana, a conviction for vehicular homicide entails compulsory
jail time, irrespective of the circumstances. DUI laws are very perplexing
indeed, and all the more reason why you should hire a DUI lawyer immediately. You
need one by your side and it is not just for cosmetic purposes only either.
If you have enough money to spend on
alcohol and gas for a car and the car itself you probably have some left over
for the Internet. If you do not, use the WiFi at your local grocery store or a
Starbucks to get online and go to http://dui-lawyers.usattorneys.com/. You may believe the world is against you right about now
but this site is your friend and the legal professionals that can be found on
this site could be your heavenly salvation. You need legal help and this site
delivers.
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