If you’re facing a charge of driving under the influence of alcohol or another controlled substance, you may be asking a common question? Is DUI a felony? This answer is not so simple, since DUI laws vary from one jurisdiction to another. In general, DUI cases are handled in state superior court, and each state has its own laws that govern DUI. In general though, a first time DUI is a misdemeanor, with a few caveats. First, even a first time DUI will usually be raised to a felony if someone was injured as a result of a drunk driver, or if there are grounds for believing that the driver was negligent or reckless in addition to being impaired by alcohol. In the case of serious injury, a DUI is often charged as a felony called vehicular assault. If someone is killed a result of the drunk driving episode, the at-fault driver will likely be charged with felony vehicular manslaughter, or in some cases vehicular homicide, which carries a higher sentence if the defendant is convicted. Another way that DUI is raised to a felony instead of a misdemeanor is when a driver has multiple DUI convictions. In some cases, blood alcohol level may also impact whether DUI is charged as a misdemeanor or a felony. If blood alcohol level is considerably above the legal limit, the prosecutor may take this into account as evidence of negligence. Presumably someone who is severely impaired as a result of a very high alcohol intake should know that driving in such an impaired state is likely to result in serious harm to others. With all of this information about when DUI becomes a felony, it may be helpful to define exactly what the terms “misdemeanor” and “felony” mean. In general terms, a misdemeanor is a crime punishable by up to one year in county jail. A felony, on the other hand, is punishable by one year or more in state prison.

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A lot of road accidents are caused by drunk driving, so firm action has been made against it in the form of legislation. Florida is one state that takes Driving Under the Influence (DUI) seriously. DUI in this state has severe consequences. Strict measures against it are enforced by the Florida Police and the Florida Department of Highway Security and Motor Vehicles (FDHSMV). Under the “Driving Under the Influence of Alcoholic Beverages, Chemical Substances or Controlled Substances” law, a DUI arrest can be made if the driver is detected to have a high amount of alcohol present in his urine, blood sample, or breath. Immediate legal action is taken and the defendant has until ten business days to make a special plea in order to repossess his revoked license. If the driver fails to do this, his license will be confiscated for a few months or longer, depending on the case. If the DUI caused minor accident or vehicular homicide, then there are longer procedures or even jail terms. A DUI arrest could mean loss of license, fine, community service, permanent criminal record, vehicle immobilization, higher insurance rates, and even imprisonment. DUI arrests could lead to jail terms that last for months for first convictions and a few years for more serious cases, depending on damage done to life and property.

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Driver’s license restriction is one of the most common punishments for DUI conviction. Statutory chapters that set guidelines for the granting of driver’s licenses generally also provide the circumstances under which they can be revoked. With such statutes in place, license revocations have primarily become a simple state administrative agency matter, occurring automatically upon conviction of a DUI offense. If any chemical tests determine your blood alcohol level is a high percent, your driver’s license will immediately be taken by the officer at the time of your arrest. Since the DMV is considered a civil arena, your due process rights have been determined by the courts not to apply. The officer will issue a temporary license which will allow you to drive while awaiting a hearing date. If the DMV assigns a hearing date after a few days, which they commonly have to do because they are overbooked, you should receive a written extension so you can continue to drive until the hearing, even after your temporary license has expired.

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DUI was in the spotlight last year as some young Hollywood celebrities were arrested, fined and even jailed for drunk driving. Even if DUI is not a major offense, the damages and dangers it could have brought to the driver and to other people on the road is life changing. However, one cannot avoid making a lapse in judgment once in a while. What can DUI penalties should you expect if you’re case is not resolved favorably? Here are a few scenarios. In order to get the full scope of laws and penalties regarding drunk driving read the Driver’s Manual provided by the local Department of Motor Vehicles. DUI penalties vary from state to state and from the graveness of the penalty. For first offenders, expect a license suspension or restriction and a fine. Expect to pay quiet a large sum of money since the fine will cost about hundreds to thousands of dollars. Plus, there is a cost to getting your licensing back. At some states the arresting officer are allowed to retain your license until you pay the imposed fine.

First offenders are also order to do forced community service and to attend DUI classes. DUI penalties for second and repeat offenders are the same. However, the fines and the provisions for the restrictions are much harsher. Offenders may be prohibited from the driving the streets within the territory for a given period of time. The driving license may be restricted or revoked depending on the graveness of the offense. There is also the possibility of a jail sentence. The term will depend on how grave the DUI offense is. Offenders are also required to do community service and to attend DUI classes, albeit for a longer period of time.

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Being pulled over and charged with DUI can be very frightening. You aren’t sure what penalties you will face and you don’t know how this will affect your criminal record, your employment status, and your ability to receive loans or be offered jobs in the future. And, while one DUI can be damaging in these different areas of your life, multiple DUI charges can have even worse ramifications. With each subsequent driving under the influence conviction you receive, your punishment will increase substantially. After you have been charged with DUI four times in a few year time period, you will face a felony conviction and with it, up to several years in jail and thousands of dollars in fines. The best way to avoid such harsh penalties is to avoid being charged with DUI at all, or at least being charged more than once. However, we understand that sometimes, mistakes are made and unfortunate circumstances do arise. If you are facing multiple DUI charges, then the help of an experienced and skilled DUI defense attorney can be invaluable.

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If you find yourself arrested and charged with a DUI, you may wonder if there is anyway to get out of it. It can happen, but there are a few things you should know. Driving under the influence can carry some rather significant penalties, including jail time, steep fines, and losing your driving privileges. If you’re trying to avoid these penalties, then keep reading. This is the fastest way to get a case thrown out of court. Police officers do make mistakes and a good attorney can capitalize on these mistakes. It may be something as minor as not waiting long enough before giving you a breath test or you having something in your mouth during the test. It could also be something as major as a police office that didn’t have probable cause to stop you. Shell out the cash for a great attorney. Don’t skimp by hiring a cheap one that just got out of law school. An experienced DUI attorney will know how to discredit the evidence, look for flaws in the prosecutor’s case against you, and will be familiar with the local courts, staff, and judges. They also will know how to help you keep your driver’s license. There’s only a short amount of time in which to file the paperwork with the state’s license bureau and if you miss this filing date, you’re not going to be driving for awhile. If you miss a court date, you’re going to be in a lot of trouble. Not only will the original case still be there, you’re going to face additional fines and penalties for failing to appear. If you’re trying to beat a DUI, missing court is one of the fastest to ways to ensure it never happens.

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There are many ways to make sure you do not have to have a DUI on your record. You have to know the tips that you need to use in order to get to where you want to go after you have been arrested. This can be a very stressful situation and this can be a time of your life that will come with some changes. Here are some tips to make sure you get to where you need to go. A DUI does not have to be a set back that lasts forever. It can be one that is just very temporary and you can deal with it. This can be something that is just a small bump in the road and it should be a little life lesson that you learn from. This can keep you from doing many things, but it does not have to be as bad ad you have heard. The tips to beat a DUI are out there and the one major one is that you need to hire a lawyer. This is very important and this is going to be something that will allow you to get through your DUI without much of a struggle. You will need to tell your lawyer the full truth and trust them to help you get out of your DUI.

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