All You Need To Know About Managing Repeat DUI Offenses And Penalties
As with the majority of criminal charges, any individual charged with driving under the influence (DUI) will be considered innocent until proven guilty. Should guilt be established, often through the defendant’s confession or following a judicial trial, the penalty charged will be dependent on the state in which the individual was charged; as well as any aggravating circumstances that may be present in the case.
What Is A DUI And A DUI Per Se
The police will often file two types of charges against any individual they believe may have committed a DUI to have a better chance of gaining a conviction. The traditional DUI, impairment to the slightest degree, is typically determined by judgment tests, such as a field sobriety assessment. If there is a chemical test, showing a blood alcohol content of 0.08% or higher, or illegal drugs in the blood, this is considered “per se intoxication”, irrespective of whether or not judgment is impaired. DUI per se relies entirely on the results of a chemical testing.
What Is Chemical Testing?
Chemical testing by the State is an essential element for their investigation. When a driver submits to a test it is essential that he or she has consented fully and allows the authorities to draw a sample of your blood, saliva, breath and urine. The analysis of these items will help determine the blood alcohol content or illegal drugs in the blood. If the driver does not consent, the State may be able to get a search warrant for a blood sample. Additionally, a refusal will result in at least a one year suspension of the driver’s license. With so much a steak, it is extremely important to contact a DUI criminal defense attorney before deciding whether or not to submit to these chemical tests.
What Does The Suspension Of A Driver’s License Involve?
An administrative suspension of a person’s driver’s license is typically carried out by the Department of Motor Vehicles or DMV. It should be noted that this is separate from the suspension that may be imposed if convicted of an offense by a judicial court.
The period of suspension can differ and the amount of times you have been charged. For example, a first-time offender can have their license suspended for a period of 90 days and a second charge will face a one-year suspension. Individuals who do not submit to chemical testing voluntarily will still have to face a minimum one year license suspension.
Are There Penalties For Underage Drinking and Driving?
Yes, there are penalties for underage drinking and driving. The police exercise a zero tolerance approach when dealing with people aged 21-years and younger presenting any alcohol in their system. Penalties for first-time offenders can include substantial fines and even jail time, along with a mandatory license suspension of at least 2 years.
The ramifications are severe. If you or a loved one is charged with an alcohol driving offense (DUI), you need an experience attorney to see you through this. Robert A. Dodell, Attorney At Law, has over thirty years experience. Call him today for a free initial consultation.