A conviction of driving under the influence (DUI) or driving while intoxicated (DWI) carries very harsh penalties. This is even true for a 1st time DUI or DWI conviction. The penalties associated with a DUI or DWI conviction are governed by state law and the severity of those penalties often depends on whether there are any aggravating circumstances such as the presence of an open container, an auto accident, and the defendant’s behavior at the time of his arrest.
Driver’s License Suspension
In most states, if a person is charged with DUI or DWI, the police officer will suspend his license immediately by confiscating it and providing the accused with a temporary license which expires on a future date. The temporary license will expire and the driver’s license of the accused with officially be suspended unless he prevails at an administrative license suspension hearing.
The administrative license suspension hearing is conducted by the DMV and must be initiated by the accused within the timeframe established by state law. At the administrative license suspension hearing, the accused has the right to be represented by an attorney and to argue against license suspension. If the accused loses the administrative license suspension hearing, his license will be suspended for a period of time. The length of suspension depends on the laws of the state in which the driver’s license was issued as well as other factors including:
- Whether the DUI/DWI charge is a first offense;
- Whether the accused refused to submit to a blood alcohol test or other testing;
- Whether the blood alcohol level of the accused was .08% or higher;
- Whether the accused has a prior driver’s license suspension on his record.
The DMV has the authority to suspend a driver’s license even if the DUI/DWI charge is later reduced or dismissed by a court of law.
When a driver is convicted of DUI/DWI, in most states his license will be suspended. For a first time DUI/DWI conviction, the suspension may be for only a few months. Subsequent DUI/DWI convictions may result in a suspension for a year or more.
Other Penalties for a DUI Conviction
In addition to a driver’s license suspension, a DUI/DWI conviction may carry a number of other penalties. Although the types of penalties associated with a DUI/DWI conviction vary by jurisdiction, the most common penalties include:
- Fines;
- Jail time;
- Probation;
- Suspension of registration;
- Suspension/revocation of professional licenses;
- Alcohol and drug diversion programs;
- Traffic school; and
- Community service.
Getting Legal Help
If you have been charged with driving under the influence or driving while intoxicated, you need an experienced drunk driving attorney on your side. A drunk driving attorney will negotiate with the prosecuting attorney for a dismissal or reduction of the charges and for reduced penalties.
