Q. What kind of crime is a DUI?
A. Driving while intoxicated represents the single largest category of criminal infractions of all reported cases in the U.S. and is considered the most serious misdemeanor offense. In several states, repeat offenders are considered felons. A DUI conviction has the potential to remain on your record for life.
Q. Can my DUI be a misdemeanor?
A. Generally, a first offense is considered a misdemeanor. A misdemeanor DUI means that the charge involved no injury or property damage. A felony means that a serious injury to a person or property occurred, or multiple DUI’s are involved.
Q. Will the Department of Motor Vehicles get involved?
A. Beware: Most states try to take your license immediately – many only give you 5 to 30 days to request a hearing. If you, or your DUI lawyer, don’t contact the right motor vehicle department within the deadline, you’ll lose your Rights.”When charged with a DUI you also face a possible revocation or suspension of driving privileges, even if charged while driving out of state. The administrative (DMV charge) and will be handled separately and differently from the criminal offense. In most states there are ways to retain your driving privilege for work and emergencies.
Q. What about my auto insurance?
A. After being charged most states will demand a SR-22 (high risk and therefore costly insurance policy).
Q. What can happen if I am convicted?
A. Across the country DUI laws have much in common, but every state has laws and penalties which differ. That’s why it is important and in your best interests to be referred to an attorney is who familiar with each state’s statute. Generally, a first offense amounts to having a permanent DUI record, fine, probation, loss of driver’s license for a time, points against your driving record, attending substance abuse meetings (such as Alcoholics Anonymous) paying for and attending a DUI school (especially to regain ones driver’s license).
Q. What if I am a multiple offender?
A. “Multiple DUI” is a term that refers to a 2 or more offenses and for this you really need to consult with a reputable DUI Defense Attorney. The consequences associated with multiple DUI convictions can be severe, including large fines, extended incarceration and lengthy substance abuse therapy.
Q. After the DUI—what happens to my record and my license?
A. Clearing or “expungement” of one’s record generally refers to delete, seal and/or destroy an arrest and/or conviction information. Expungement, when properly done, can remove hurdles to gainful employment, save professional licenses, and bring closure to the DUI ordeal. This varies from state to state. Consequently, it is important to consult with a lawyer in the state where the conviction occurred.
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