What is DUI and DWI?
First of all driving under the influence of alcohol or drugs is life threatening to you and others. So don’t do it. DUI stands for driving under the influence of alcohol or drugs, DWI stands for driving while intoxicated.
Is a DUI a Felony?
A first time DUI is a misdemeanor, even a first time DUI will usually be raised to a felony if someone was injured as a result of a drunk driver or if the driver was negligent or reckless in addition to being impaired by alcohol or drugs. If arrested for DUI than it doesn’t mean conviction, police first will have to charge you, file a case and provide enough evidence for conviction. Remember Innocent until proven guilty.
Is DUI conviction and penalty same in all states?
Answer is NO. DUI could be a felony if the driver has multiple DUI convictions, arrested for DUI few times, charged and convicted few times. Limit varies by state and so does the penalty.
Let us take an example of Phoenix, Arizona DUI Laws. DUI can be classified into standard DUI and extreme DUI based on blood alcohol concentration or BAC
In Phoenix standard DUI BAC is 0.08% or more for personal vehicle and 0.04% for commercial vehicle. Penalties for first conviction(i.e arrested, charged, case filed by police and convicted) under (DWI and DUI) standard DUI could be up to 10days in jail and fine. Second conviction and further convictions (DUI and DWI) could carry sentence of up to 90 days in phoenix, Arizona. Driving license revocation for up to 12 months
In extreme DUI BAC is 0.15% and penalties for conviction carry up to 30 days sentence and fine for first conviction(i.e arrested, charged, case filed by police and convicted). For second conviction and further conviction under DUI and DWI sentence could be up to 120 days, 12 months driver’s license revocation.
Apart from the above two the third is aggravated DUI which is a DUI and DWI committed while the driver’s license is suspended or 3rd DUI and DWI offence in 7 years or DUI and DWI committed while one of the passenger is younger than 15 years. Aggravated DUI Penalty could be up to 2 years jail time, 3 years driver’s license revocation.Important thing is all this depends on the BAC , penalty could be even more depending on blood alcohol concentration and DUI lawyers defense.
As if this wasn’t enough this ignition interlock device would have to be installed before you could drive again. You would be blowing in it every time you want to start your car.
Do I need a DUI lawyer, DUI attorney after stopped by police? And Do I give the breath test?
If police is charging you for DUI than you would need a lawyer to better defend yourself against those charges. DUI Lawyers would advice against giving breath test as this could worsen your defense and could provide police with more evidence that could convict you. Best thing is to avoid drunk driving or driving after taking drugs and find lawyers and note down the names and contact number of few lawyers and attorneys.