Like any other criminal offence, a person accused of driving while intoxicated (DWI) (also known as "driving under the influence" (DUI)) is presumed innocent unless proven guilty. The sentence will be established by state law as well as any aggravating elements if the criminal is found guilty (typically by his or her own plea or after a jury trial) (such as accidents and injuries).

Jail Time

In most states, a first-time DUI or DWI is classified as a misdemeanour, punishable by six months to a year in prison. In a few states, however, the maximum jail time for a first DUI is much shorter. A first DWI in New Jersey, for example, carries a maximum punishment of 30 days in prison. Furthermore, while unusual, certain states, such as Pennsylvania, do not require first-time DUI offenders to serve any jail time. First-time offenders must also serve at least a few days in jail in many jurisdictions. To get out of this scenario, you need to consult with a drink driving lawyer Toowoomba.

A second and subsequent DUI might result in a longer prison sentence. A statutory minimum jail sentence for a second offence, on the other hand, is likely to be longer than for a first. In Colorado, for example, the minimum sentence is five days in jail for a first offence, 10 days for a second offence, and sixty days for a third offence.

Many factors may determine how long you may be imprisoned if you are convicted of DUI. In certain places, DUI or DUI offenders with a very high blood alcohol content (BAC) at the time of arrest, for example, face harsher penalties. Various states have harsher penalties for DUI-related accidents.

Fines

Following a DUI conviction, fines are almost usually imposed. The penalties for a DUI differ significantly from state to state. The same factors that increase a driver's prison sentence also increase the fee he or she must pay.

A first DUI conviction in most areas carries fines ranging from $500 to $2,000 in most situations. Fines of thousands of dollars might be imposed for subsequent offences and DUIs with aggravating factors.

Driver's License Problems

The licence of a DUI or DWI offender will almost definitely be suspended for a prolonged period of time (either by court order or mandate of the state motor vehicles department). The length of a driver's suspension is usually determined by the number of past offences he or she has committed. A first DUI conviction in California, for example, carries a six-month suspension, a second DUI conviction two years, and a third DUI conviction three years.

If a motorist refuses to take a blood, breath, or urine test, his or her licence may be suspended. A suspension for an illegal refusal is usually more severe than a suspension for any other cause.