Penalties For a Drunk Driving Conviction

The criminal drunk driving penalties an individual offender faces vary based on applicable state criminal statutes where the arrest occurred, the individual offender's past criminal history, and whether any elevating factors exist in a given arrest. In order to determine the exact penalties potentially faced, an individual arrested for drunk driving must consult with a criminal defense lawyer, preferably one that actively practices drunk driving cases.

For a first offense, most offenders are charged with a relatively low misdemeanor crime, which most likely carries penalties of no more than six (6) months in jail. Again, state statutes widely vary, and the circumstances of a drunk driving arrest and the history of the offender may greatly increase the potential criminal penalties relating to incarceration. In reality, most offenders do not serve time for the offense, but rather, opt into alternative sentencing mediums.

Alternative sentencing programs carry their own burden, mostly financial. Aside from the threat of incarceration should an offender violate their probation, the offender is often subject to a litany of court fines and fees. In addition, completing probation requirements often include fees and surcharges on a continuing basis, which can become exorbitant.

Most state motor vehicle departments assess a significant number of points (most likely causing revocation of license anyways) or automatically revoke or suspend a driver's license following drunk driving conviction. In order to retain one's license, or reinstate it, there are typically costs and hearings one must attend.

Aside from the criminal and driving license problems a drunk driving conviction presents, numerous other complications will arise upon conviction. For starters, driver's insurance following an arrest often results in large insurance premium increases, often double or triple for three to five years following an arrest and conviction. Additionally, drivers face costs associated with the arrest itself, such as bail amounts, towing and impound fees, and legal fees. Additionally, offenders should consider how an arrest may affect their professional licenses or employment, as some employers refuse to hire persons with criminal convictions and other occupations require a valid driver's license.

In essence, an offender has quite a bit to lose if convicted. The best method and only means of obtaining a favorable outcome from the arrest is to consult with a criminal defense lawyer, who may be able to dismiss charges or plead down a case to a more favorable charge.