A misdemeanor is a criminal offense that can carry up to six months in the County Jail and up to $2,500 in fines plus applicable surcharges. A traffic-related criminal offense can have a devastating effect on a person's employment, career opportunities, scholastic opportunities, and can result in increased automobile insurance rates. It is imperative that an individual seek out an educated and experienced criminal defense law firm to fight to protect all of your constitutional rights and the future you have fought to create.
First-Offense DUI: A person can be convicted of a misdemeanor DUI if a prosecutor proves that the accused was driving, or in actual physical control of a vehicle, and the driver had an alcohol concentration above a .08 or was impaired to the slightest degree by drugs or alcohol while operating the vehicle. A conviction for a first-time misdemeanor DUI can result in no less than twenty-four hours in jail, thousands of dollars in fines, a suspended driver's license, probation, and an ignition interlock device. Alcohol treatment classes are also required. Although a person could receive up to six months in jail, this is very rare.
First-Offense Extreme DUI: If an individual is operating a vehicle and has a blood-alcohol concentration greater than 0.15, he can be convicted of a first-offense Extreme DUI. This can result in a mandatory jail sentence for no less than 30 days, thousands of dollars in fines, a mandatory ignition interlock device, a suspended driver's license, and probation. Alcohol treatment classes are also required. Although a person could receive up to six months in jail, this is very rare. *It should be noted that new legislation requires an individual convicted of a First-Time Extreme DUI, with a BAC greater than .20 to serve no less than forty-five days in the County Jail.
Second-Offense DUI: If a person is convicted of a misdemeanor DUI with a blood-alcohol concentration less than .15, and has been convicted of a misdemeanor DUI within the last eighty-four months, this will be considered a second-offense DUI. Although the offense is still a misdemeanor, a second time DUI can result in 30 to 60 days jail, thousands of dollars in fines, a suspended driver's license, a mandatory ignition-interlock device, and probation. Although a person could receive up to six months in jail, this is very rare.
Second-Offense Extreme DUI: If an individual is operating a vehicle, has a blood-alcohol concentration greater than 0.15, and has been convicted of a DUI within the last eighty-four months, he can be convicted of a Second-Offense Extreme DUI. This can result in a mandatory jail sentence for one hundred and twenty days, thousands of dollars in fines, a mandatory ignition interlock device, a suspended driver's license, and probation. Although a person could receive up to six months in jail, this is very rare. *It should be noted that new legislation requires one hundred and eighty days jail if one's BAC is .20 or greater and that individual has a misdemeanor DUI within the last eighty-four months.
Felony DUI
A felony is a criminal offense that can result in a prison sentence and up to $150,000 in fines plus applicable surcharges. There are two types of Felony DUI's. A criminal felony offense can have a devastating effect on a person's employment, career opportunities, scholastic opportunities, and can result in increased automobile insurance rates. It is imperative that an individual seek out a skilled and aggressive criminal defense law firm to fight to protect all of your constitutional rights and the future you have fought to create.
Aggravated DUI, A Class Four Felony: Impaired Driving with a Suspended, Revoked or Canceled Driver's License
If your license was suspended, canceled, or revoked when you were arrested for DUI, your case will most likely be sent to the County Attorney's Office for Aggravated DUI, a class 4 felony. This charge is very serious because the minimum sentence upon conviction is four months in the Department of Corrections followed by a mandatory term of probation. To make matters worse, if you have prior felony convictions, the sentencing range goes up incredibly fast to a presumptive term of 4.5 years in prison with one prior felony conviction and 10 years in prison for two prior felony convictions. Believe it or not, you can go to prison for 15 years if you have two prior felony convictions and are convicted of this form of Aggravated DUI. These harsh, mandatory terms of imprisonment make it that much more important to obtain excellent legal representation who will fight for your rights during this time of need.
Aggravated DUI, Impaired Driving with a Minor in the car.
If you are arrested for DUI and have a child under the age of fifteen in the car with you, regardless of whether your license was suspended, canceled, or revoked, you can be charged with Aggravated DUI, a class 6 felony. A person convicted of a class 6 felony can be sentenced to prison for up to two years. Instead of prison, a judge could also sentence an individual to supervised probation and impose up to one year in the County Jail. A felony DUI also carries a mandatory license revocation and may require the hundreds of hours of community service as part of a term of probation.
