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Penalties For Drunk Under Influence
The penalties for driving under the influence vary depending on the number of a driver's prior convictions for this offense.
A first-time violation can be punished by a jail term of not more than six months, a penalty, and suspension or restriction of driving privileges for six months. Drivers with three DUI convictions within seven years normally receive jail terms of not less than 120 days, nor more than one year and a fine of not less than $1,000 nor more than $2,600. The person's privilege to operate a motor vehicle shall be revoked for a period of three years.
Drivers charged with a DUI must appear in court for an arraignment and may be requested to post bail. Bail can vary from $300 to $15,000. Whenever the possible sentences include jail time, the court, upon request, will appoint an Omaha DUI Defense Attorney for drivers who cannot afford to hire one.
Consequences of DUI
• A criminal record
• A minimum 12 months driving ban or a minimum of a 3 year driving ban if you have a previous drink driving conviction in the past 10 years
• The possibility of a short spell in prison ...
... (up to 6 months)
• The possibility of receiving a community order (this can include, unpaid work, curfew, supervision and treatment orders)
• The possibility of a hefty fine
• The possibility of losing your job
• Your lifestyle could change drastically
• Your motor car insurance premiums will be higher once you get your license back
Possible punishments for drunk driving
If you are an adult, age 21 or over, and you have been arrested for drunk driving, this generally means that law enforcement determined that your blood alcohol content (BAC) was 0.08 or higher while you were operating a motor vehicle. While penalties for drunk driving vary by state, all states have adopted 0.08 as the standard to impose charges for driving while intoxicated (DWI), driving under the influence (DUI) or operating a motor vehicle while intoxicated (OUI).
Punishments for First DUI Offense
For a first DUI offense, you will always have your license suspended. However, some states will allow you to request a hearing with the DMV after your arrest to avoid automatic license suspension. This usually must be done within a week or two of the arrest, and once a hearing date is set, you can avoid having your license suspended if and until you lose the hearing. There are also always fines imposed for a DUI offense, and sometimes there will be mandatory jail time or community service.
States almost always require that an offender attend DUI school and/or a mandated alcoholic treatment program, such as Alcoholics Anonymous (AA). This process will usually require the offender to meet with a professional counselor for an assessment interview to determine the right educational path. The program must be completed before your drivers license can be reinstated. Sometimes the counselor may require that you attend meetings in which victims of drunk drivers will speak about their experiences. The idea behind this is to personalize the consequences of drunk driving, so that the individual will be less likely to drive drunk again.
Some states also require that you put an ignition interlock device on your car. This means that you will have to blow into the interlock device to ensure that you are under 0.08 BAC. If the interlock device determines that your BAC is 0.08 or above, your car will not start.
Penalties for Multiple DUI Offenses
Punishments for multiple DUI offenses are often mandated under "habitual violator" laws, which many states have now implemented. Even in states that have not adopted the habitual violator status, punishments for multiple DUI’s can be just as harsh. A multiple offender may lose their license for months, years, or in some cases, for good. Your car may also be impounded and you will likely receive mandatory jail time as well.
States vary in the mandatory jail time given for multiple offenses. The sentence can be anywhere from days to weeks and will increase depending on the number of times you have been convicted of a DUI or if there is an aggravating factor. In all states, a professional counselor will almost always require you to go to mandatory AA meetings. Depending on how severe they think your problem with alcohol is, this could mean a residential treatment program. Further, repeat offenders may also lose their civil rights, such as the right to own a weapon or the right to vote.
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