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What Kind of Charges Will I Get From a DUI? And Other Questions Answered

What Kind of Charges Will I Get From a DUI?

Most DUI cases are prosecuted as misdemeanors.  In some circumstances people will be charged with a DUI and it will be classified as a felony. This is depends on whether or not the person has more than one DUI offense and if there is injury or death in the case. Having an attorney can help decide what kind of charge you will receive from your arrest.

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Why are DUI laws so harsh?

In 2015, 10,265 people died in a drunk driving crashes and 290,000 were injured in drunk driving crashes. And in 2013, 82% of fatal crashes were caused by drunk drivers. With shocking statistics like this, it became necessary for law enforcement to take action and make more arrests and for those who have been drinking to face penalties. Since the 1990’s most years the fatalities of people involved in drunk driving accidents have decreased.  Part of this is because consequences are so high that people are starting to choose to not drink and drive. Although numbers have been decreasing there is still a large problem with drunk driving and therefore large penalties continue to be harsh.  

What is DUI Probation like?

Conditions of a probation have different terms depending on the case. For most DUI charges there are basic rules that you must abide by on probation. For instance on probation your license will be suspended anywhere from 4 months to 4 years. It’s possible to be able to get a restricted license so you are able to drive to school, work, DUI school or other court approved locations. Also on probation it is likely that you will have to complete an alcohol program. This can take as little as 12 hours or up to 30 months.

Other general probationary terms include: 3-5 years of informal probation, a requirement that you cannot commit any additional criminal offenses, a requirement that if you are arrested on suspicion of drunk driving you must submit to a chemical test, and a requirement that you do not drive with any measurable amount of alcohol. Like it was said before, other conditions can apply while on probation, but these are the most general rules.  

How long is is your license suspended when you get a DUI?

If you have been arrested for a DUI, there is a range of time your license will be suspended.  If you are 21 or older and had BAC of .08% or more your license will be suspended for 4 months if this was your first offense. If it was your second offense within the past 10 years, your license will be suspended for 1 year.  Your license will be returned to you at the end of your suspension, however you do have to pay a $125 fee to reissue the license.  

What consequences will I get from a DUI?

The most common consequences of a DUI include arrest, license suspension, costly fines, probation, jail time, and a record. To learn about these consequences more in depth, read our post on DUI Consequences.

Should I hire a criminal defense Lawyer?

The answer is a resounding yes. These cases can be extremely complicated, and working with a lawyer who has dealt with these cases in the area you live will help you.  According to lawyer.com they performed a survey and 22% of people who hired private attorneys were able to receive lesser offenses. If you are in the San Diego area and have been arrested with a DUI, call Bradley Corbett, an experienced defense attorney.

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