In a 1st time DUI case, an offender can expect certain criminal and administrative penalties relating to the offense itself. However, whether an offender can be sued for a DUI offense, depends on whether the DUI contributed to or caused actual damages to another person or person’s property.
Criminal Penalties Applicable to First Time DUI Offenses
The specific criminal penalties associated with a first time DUI offense will vary from state to state. However, in general and almost every state, a simple DUI offense is a misdemeanor crime, with penalties including the possibility of incarceration and certain fines and court fees. Rarely, however, will a first time offenders actually serve time in jail for a first DUI offense. Typically, the criminal penalties will include some form of probation period, with a large number of restrictions, fees, and other probation costs. These relatively lenient punishments, often in light of maximum potential penalties for the offense, are not applicable to criminal cases involving multiple offenses, elevated blood alcohol content, and especially cases involving DUI causing accidents involving bodily injury or property damage.
Administrative Penalties Applicable to First Time DUI Offenses
In almost every state, a driver is subject to administrative penalties and other fees, which will regulate and restrict an offender’s license and ability to drive. Typically, a mandatory license suspension period occurs with a first offense DUI conviction. The length of this suspension will vary from state to state. Furthermore, drivers may incur costs and other expenses related to reinstating their license. Additionally, most states will apply a large number of points to a driver’s license, if reinstated, which means higher costs of insurance and a greater chance or license suspension in the future, even for minor traffic offenses.
Civil Penalties Applicable to First Time DUI Offenses
In order to be sued for a DUI offense, a driver must have caused some form of harm or damages to another private citizen, or in some instances, a business or public institution. Typically, lawsuits filed are not caused by a DUI offense itself, but rather, the accidents or collisions a driver is at-fault for causing while under the influence of alcohol or other substances. These actions proceed entirely outside of the criminal justice system.
Getting Legal Help with First Time DUI Offenses
In reality, a DUI offense is a simple misdemeanor charge with major and prolonged implications for drivers, including criminal, administrative, and personal problems. If a driver charged with DUI is involved in an accident or incident causing property damage or bodily injuries to another driver, passenger, or pedestrian, the driver may also be liable for other damages, if a lawsuit is filed. In short, consulting with a drunk driving lawyer is the best method for an individual driver to learn about the exact penalties and punishments he or she may face, as well as may be able to take action to avoid, following a first time DUI arrest.
