What Happens With Your First DUI
Typically you will find that the states are going to consider a DUI the first time to be a misdemeanor, but it does not mean you will not have some major issues at times. Here is what you will need to understand if you are arrested for your first DUI as well as the information you need to know about the sentencing process and punishments that can happen.
What Are The Consequences Of A First DUI Offense?
Typically when people are picked up for their first DUI they think that they will automatically get probation. However, what you will find is that while this happens in most cases, it is up to the court if you have to serve any jail time because of your probation. Even if you are in for a misdemeanor, you may have to serve some time in jail, depending on what is going on law wise in your state. You will also notice that in addition to some of the mandatory jail sentences some states have, you can easily lose your license for a first offense.
What else you will find is if you have a good history you may be able to apply for an occupational license so you can still drive to work or school. You will often end up facing a DUI charge, which will come with a fine, court costs, fees for probation, and even the urinalysis fee. The monthly payment you have to make can easily be a car payment. You often will have to get into an alcohol counseling program and even serve some community service hours.
What Is The Punishment For A First Time DUI?
Often the first time offense will be a misdemeanor and can be probated, but you may have to pay a fine, do community service, lose your license. However, if you have any enhancers on the charge, you could have even more problems on your hands. For example, if the container was open in the car, you will still have the DUI charges, but you could have an increased fine or jail time. If children were in the vehicle, you could even have the offense taken from a misdemeanor to a felony charge really quickly.
Not only that each DUI is going to have an administrative element that is very painful for you to swallow. For example, in some states, if you refuse to do the breath test you are going to lose your license for a year. This is a separate suspension in most places than what you will have with the conviction of the DUI offense.
What Are The Conditions Of A License Suspension In A DUI Case
if you want to get your license quickly after a DUI you will have to talk to a judge. You should not drive at all while the license is suspended. You are going to only get more charges if you are caught driving while the license is suspended. In some states, you may even have to get an interlock ignition system installed in your car before the case is heard. These devices are often billed out monthly and can costs a couple of hundred dollars. If you do not get this, you could have your bond revoked and be put back in a cell.
What Happens In The Long-Term
What is important to note is the first time DUI is the first in what could be some long-term consequences. Even if you are on probation and do not get a final conviction the probation will be on your record and can be used against you in the future. So if you get a second DUI charge, it will only increase the level of penalties you will be facing.
Each state varies, but if you have multiple DUI arrest, then it could potentially be seen as a felony or a habitual offender. What else is important to consider is where you are arrested will determine the level of the other offenses. In New Mexico, you are not moved up to a felony level until it is your fourth DUI. In Texas, though, it is going to be your third DUI that will make it a felony. You need to remember this because a conviction in your home state could easily lead to you getting a higher charge in a state you are visiting.
How Does The First Time DUI Change Your Insurance And Employment
The impact this can have on your job and insurance is something people overlook. This can impact your employment because employers tend to run your criminal history and will see the conviction showing up. At times you will see that the employers will not even employ people who have a DUI on their record because they can be seen as a safety risk.
Since this does increase your risk factor, you will see your auto insurance rates increase. If you are in a wreck related to the DUI, and the offense is deemed a felony, you may notice the insurance company will not pay out for the accident. This is often because an insurance policy has a disclaimer that removes them from a case if it is a felony, including drunk driving.
How Does A DUI Lawyer Help
Even if you are getting your first DUI you will notice it is going to have a huge impact on your life. So you do not want to take the charge lightly because it is your first time. You will want to make sure you get the proper legal representation today by a DUI attorney.
Contact or call Butler Law Firm today for your consultation.