First DUI Conviction

Drunk Driving & DWI conviction


Misdemeanor or Felony: What To Expect With Your First DUI Conviction

If you have a real habit of drinking and driving, there is going to come a time that you will be caught by police. The first causalities that occur with drinking are caution and judgment and, because of it, you may think you are completely fine to operate a car. Of course, if the police pull your vehicle over for erratic driving, you could be arrested for first offense DUI.

The first thing any officer will ask you after you’ve been pulled over on suspicion of DUI is if you’ve been drinking. This will happen if he/she smells alcohol on you. It doesn’t matter if you reply or keep silent, you’ll be asked to do the breathalyzer test. If you do the test and it reads .08 percent or higher, you’ll be placed under arrest for driving under the influence. Of course, refusal to do the test is an admission of guilt and you’ll be promptly arrested.

First DUI Conviction

First DUI Conviction: What Can You Expect

It’s important that you understand that your first DUI conviction may either be a misdemeanor or e felony. The difference between the two for your first DUI conviction is the punishment. Most likely being a first DUI conviction, you’re liable to be charged with a misdemeanor so long as no bodily injuries or property damage was experienced. First DUI convictions tend to result in probation (no jail time although it can happen), stiff fines and lose of driving privileges from 90 to 365 days. You’ll also be ordered to undergo an alcohol treatment program. Generally, first DUI conviction punishments are rather light compared to subsequent DUI convictions.

First DUI Conviction: When Does A Misdemeanor Become A Felony

Of course, a first DUI conviction can cause a misdemeanor to become a felony, depending on the circumstances of the case. For instance, if anybody was hurt or killed because you were drinking and driving, you’ll be charged automatically with a felony. Felony DUI convictions result in prison time of more than 12 months. There are many states that have laws that demand a mandatory sentence to be carried out; sentences that are not reducible. If you kill someone while under the influence, you can and will be charged with either homicide or vehicular manslaughter.

You’ll also be charged with a felony if you have minor child in the vehicle with you or you’re speeding.  A felony charge is also the result of a very high blood alcohol level.  Some people have driven a vehicle and blew a .70 percent or higher on the breathalyzer. A person who has consumed this much alcohol poses a danger to him/herself and others if driving a vehicle.

It’s imperative that you understand a first DUI conviction especially if it’s a felony can impact your life in a negative way. Many employers and banks will refuse to hire or do business with somebody who is thought to be a felon. It doesn’t matter what kind of crime it was and how long ago the crime occurred.

 

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