If you are arrested for dui, you face potential penalties involving periods of incarceration. The potential jail time faced by an offender, following the initial booking and processing period at a police station, will widely vary based on the case-specific factors surrounding an individual offender, their alleged crime, and the state laws governing dui offenses in the applicable jurisdiction where an arrest occurred.
State Specific Penalties Applicable to DUI Charges
Each state has a different set of statutes outlining potential penalties associated with a given criminal charge, and in this case, these charges would dui offenses, which may also be known as dwi or owi offenses. In every state, a first offense simple dui arrest is a misdemeanor offense carrying a potential sentence of no more than one (1) year in jail. In reality, most first offenses for simply dui charges carry maximum potential penalties of fewer than ninety (90) days.
Variations in DUI Charges by State
Furthermore, each state has state-specific statutes governing dui charges, which often can elevated a given dui offense into a more serious criminal charge that carries higher maximum and minimum penalties. For example, dui charges in conjunction with an accident or injury often are charged as a different dui offense, which carries far more serious penalties. Other variations in dui charges, which will depend on the state where an arrest occurred, include charges involving elevated blood alcohol levels, arrest with occupants in a vehicle, arrest with child occupants in vehicle, and other state-specific considerations.
Elevated Penalties for Repeat Offenders
Most state criminal code statutes also differentiate between first and subsequent offenses for dui arrests. In these statutes, the penalties for a dui arrest increase with each subsequent arrest. The laws in each state widely vary on this matter, and in turn, a person facing a subsequent dui charge must consult with a lawyer to understand the potential penalties they face.
Minors Treated Differently under Most State DUI Statutes
Another consideration that offenders should make is that persons under the age of twenty-one (21) are treated very differently than adult offenders, and in most states, are held to blood alcohol standards well below their of legal drinking age counterparts.
Getting Legal Help with DUI Arrests
The reality of dui criminal charges is that a criminal defense lawyer will most likely be able to obtain some form of alternative sentencing for first and second time offenders, which prevents them from serving jail time. The ability to do so, however, is highly case-specific. Consult with a lawyer to learn more about your criminal defense options following a dui arrest.
