{"id":199,"date":"2019-12-24T10:19:22","date_gmt":"2019-12-24T15:19:22","guid":{"rendered":"http:\/\/westmichiganregional.com\/?p=199"},"modified":"2020-11-03T10:06:36","modified_gmt":"2020-11-03T15:06:36","slug":"dui-or-dwi-punishments-and-penalties","status":"publish","type":"post","link":"https:\/\/westmichiganregional.com\/index.php\/2019\/12\/24\/dui-or-dwi-punishments-and-penalties\/","title":{"rendered":"DUI or DWI Punishments and Penalties"},"content":{"rendered":"\n

As with any criminal charge, a person charged with driving while intoxicated (DWI) or driving under the influence (DUI) <\/a>is presumed innocent until proven guilty. If guilt is established (often through the\u00a0defendant’s own plea\u00a0or after a jury trial), the penalty will depend on state law, as well as on any\u00a0aggravating circumstances\u00a0(such as the presence of an open bottle of liquor in the car) and the defendant’s cooperation with the police.<\/p>\n\n\n\n

Jail Time<\/h2>\n\n\n\n

In all states, first-offense DUI or DWI is classified as a misdemeanor, and punishable by up to six months in jail. That jail time may be increased under certain circumstances. For example, some states mandate more severe punishments for DUI or DUI offenders whose\u00a0blood alcohol concentration (BAC)<\/a>\u00a0at the time of arrest was particularly high\u2014for example, .15% or .20%, very high considering the legal limit of .08%.<\/p>\n\n\n\n

Many states also require minimum jail sentences of at least several days on a first offense. Subsequent offenses often result in jail sentences of several months to a year.<\/p>\n\n\n\n

For a DUI or DWI that’s been\u00a0classified as a felony\u2014either because the driver killed or injured someone or because it’s the driver’s third or fourth DUI\u2014jail sentences of several years are not uncommon. Again, this depends on state law, the facts of the case, and the discretion of the judge at trial.<\/p>\n\n\n\n

Fines<\/h2>\n\n\n\n

In addition to jail sentences, courts can and do impose high fines for DUI or DWI. These range from $500 to as much as $2,000.<\/p>\n\n\n\n

Driver’s License Problems<\/h2>\n\n\n\n

A DUI or DWI offender stands a good chance of having his or her license suspended for a substantial period of time (either by court order or mandate of the state motor vehicles department). For example, many states suspend a first offender’s license for 90 days; a second offender’s license for one year; and a third offender’s license for three years.<\/p>\n\n\n\n

Refusal to take a blood, breath, or urine test can result in a license suspension regardless of the finding of guilt, in addition to other penalties in many states.<\/p>\n\n\n\n

However, sometimes it’s possible to obtain a “hardship license” to drive to and from places like work and school during a suspension.<\/p>\n\n\n\n

Some states take further steps to make sure the person (particularly a repeat offender) doesn’t get back on the road. The state may confiscate the car or cancel its registration, either temporarily or permanently. Or the state may require an\u00a0ignition interlock device (IID)<\/a> to be attached to the DUI or DWI offender’s car. This device requires the driver to blow into a small handheld alcohol sensor unit attached to the dashboard. If the person’s BAC is above a preset level (usually .02% to .04%), the car won’t start.<\/p>\n\n\n\n

Alternative Forms of Punishment<\/h2>\n\n\n\n

A number of states’ court sentences may include\u00a0alternative sentencing<\/a>, such as alcohol teaching and prevention programs, treatment for alcohol abuse, assessment of a person for possible alcohol or drug dependency or addiction, and community service or\u00a0victim restitution. The judge may recommend these steps instead of jail time or paying fines, most likely for a first offender. Or the judge may combine them with other penalties. In Texas, for example, minors convicted of a DUI\u00a0must<\/em>\u00a0perform community service, in addition to any other penalties.<\/p>\n","protected":false},"excerpt":{"rendered":"

As with any criminal charge, a person charged with driving while intoxicated (DWI) or driving under the influence (DUI) is presumed innocent until proven guilty. If guilt is established (often… Read more »<\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-199","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/westmichiganregional.com\/index.php\/wp-json\/wp\/v2\/posts\/199","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/westmichiganregional.com\/index.php\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/westmichiganregional.com\/index.php\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/westmichiganregional.com\/index.php\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/westmichiganregional.com\/index.php\/wp-json\/wp\/v2\/comments?post=199"}],"version-history":[{"count":1,"href":"https:\/\/westmichiganregional.com\/index.php\/wp-json\/wp\/v2\/posts\/199\/revisions"}],"predecessor-version":[{"id":200,"href":"https:\/\/westmichiganregional.com\/index.php\/wp-json\/wp\/v2\/posts\/199\/revisions\/200"}],"wp:attachment":[{"href":"https:\/\/westmichiganregional.com\/index.php\/wp-json\/wp\/v2\/media?parent=199"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/westmichiganregional.com\/index.php\/wp-json\/wp\/v2\/categories?post=199"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/westmichiganregional.com\/index.php\/wp-json\/wp\/v2\/tags?post=199"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}