Most states consider first-offense DUI as a misdemeanour but a conviction for the offense is a serious matter. There are long-term consequences for a first-time DUI aside from the mandatory sentence and possible punishments. Even if the offender is placed on probation, the court can still order jailtime as one of the conditions for probation.
Punishment for first offense DUI
Generally, conviction for first-offense DUI is punishable with fines, community service, license suspension and possible probation. However, there are certain factors that can change the nature of the charge resulting to enhanced sentences and penalties. For example, if the police officer finds an open container inside the vehicle or if a child is present in the vehicle, the driver can still be charged with misdemeanour but the fines and mandatory jailtime might be increased. In some states, the presence of a child in a vehicle when the driver is arrested for DUI can elevate the charge to felony instead of misdemeanour regardless of whether the driver has no previous DUI conviction.
DUI offense is criminal in nature but there is also an administrative element that is just as frustrating as the charge as itself. There are states that will automatically suspend the license of a driver prior to his conviction if he refuses to take the Breathalyzer test. License suspension for refusing to take the Breathalyzer test is different from the suspension after DUI conviction.
Persons who are arrested for DUI must hire a lawyer who can help deal with the administrative law judge and criminal law judge to quickly regain the license. Drivers who have had their license suspended must refrain from driving otherwise, they will be facing additional charges and fines. Some states also require the installation of an ignition interlock device while the case is still pending. Failure to comply with this requirement may result in the revocation of the DUI bail bond and being sent back to jail.
First-time offenders must take note that a DUI conviction has long-term consequences. Even if the offender is placed under probation because the sentence was deferred, the record of probated sentence will remain on record and can negatively affect future life. A second DUI charge will result to increased sentences and legal penalties.
There are states where multiple DUI arrests on record will elevate the DUI conviction to a felony-level offense. The home state may still consider the DUI charge as a misdemeanour but if you are arrested in another state for the same offense, the previous records of arrests will elevate the DUI offense as a felony. A first offense DUI conviction is part of a person’s criminal history and can affect employment and insurance rates.
You can avoid sentence for first DUI offense but the only way to find out is by consulting with a criminal lawyer who has extensive experience in fighting DUI charges in your state. Expert lawyers know to how to cast doubt on the reliability of breath and blood test results. They can also help you reach a compromise with the prosecutor for an acceptable deal.