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Does punishment for a DUI increase for a high bac?
Question:
Does punishment for a DUI increase for a high bac?
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Get Informed - DUI/DWI Law Information
We've got a large library of DUI and DWI law articles, Q&A's and other resources. Start here to learn about DUI laws, arrests, defense, penalties and more.
DUI Basics
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Your DUI and the DMV
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
DUI Arrests, Police Reports, Arraignments, and Fees
After you're arrested, booked and released, you'll need to get ready for your arraignment.
After you're arrested, booked and released, you'll need to get ready for your arraignment.
DUI/DWI Charges and Penalties
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
Fighting a DUI
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
Getting Help with a DUI/DWI Charge
There are some things you can do yourself and some which require the help of an attorney.
There are some things you can do yourself and some which require the help of an attorney.
Many jurisdictions impose harsher penalties for drivers with high blood alcohol contents (BAC). The standard measure nationwide is .08 percent which means a driver operating a motor vehicle with this measure or above may be charged with driving under the influence (DUI). In many of these states, the BAC is set lower for drivers under the age of 21 or drivers who operate commercial vehicles. The most common penalties for a DUI are jail time, fines, community service, and in some cases participation in alcohol treatment programs. These penalties become enhanced when a driver's BAC is exceedingly high. Although not every state impose harsher penalties for higher BACs, those that do usually impose these penalties in cases where the BAC ranges from .15 to .20 percent. In many of these cases the penalties are similar to those meted out to repeat offenders. The public policy behind these harsher penalties is that the public is more endangered by severely intoxicated drivers and drivers who constantly drive drunk.
Most courts take the BACs into consideration when deciding on an appropriate punishment. In states with harsher DUI laws for those over .15 or higher, the judge typically does not offer probation to the offender. If the driver's BAC was over .20 at the time of the arrest, a plea cannot typically be bargained down to a more minor offense, no matter the mitigating evidence presented to the court.
If you face charges of a DUI and if you were arrested in a state that imposes harsher penalties for a very high BAC, you may face a lengthened jail time, a longer license suspension, and more stringent fines/fees. Talk with an experienced attorney as soon as possible to discuss DUI punishment and avoid possible prosecution and/or conviction.
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