DUI Crime And Punishment
DUI Crime And Punishment
Neil Shouse (Defense Attorney) gives expert video advice on: What are criminal punishments for DUI?; What are the civil punishments for DUI?; Does DUI punishment differ in each state? and more...
What are criminal punishments for DUI?
The criminal punishments, which vary by state and often by county, for driving under the influence, would typically include probation, a monetary fine, a suspension of your driver's license, sometimes you will be ordered by the court, a DUI alcohol class, and sometimes it could also include community service and jail.
What are the civil punishments for DUI?
The civil punishments often referred to as administrative consequences of a Driving Under the Influence, primarily would be a driver's license suspension, and if it's considered civil, or administrative, because it's not determined and administered by the court, but rather it's determined and administered by the state Department of Motor Vehicles or Department of Transportation.
Does DUI punishment differ in each state?
The severity of criminal punishment for a DUI does vary by state, and oftentimes will vary by county, and even vary by courthouse within the county. Some locations are much harsher on DUI offenders. Some, fortunately for those who are convicted, are much more lenient.
What is the 'penalty-enhancement' period?
The penalty-enhancement period, also sometimes called the window of prior ability, is the period of time after a DUI in which picking up a new DUI offense would cause the new offense to be considered a multiple offense. For example, in California the penalty-enhancement period is ten years. That means if you were to get a DUI suppose in 2007 and convicted in 2007 and you were to pick up another DUI conviction over the next ten years, up until 2017, the new DUI conviction would be considered a second offense and the penalties would be exponentially greater. If your new DUI did not occur until 2018, outside this ten year penalty-enhancement period, then it would once again be considered a first offense.
What is a 'substance abuse evaluation' as it pertains to DUI?
A substance abuse evaluation in a DUI context is where the court orders you to go to a doctor or counselor or a mental health expert who will evaluate you and diagnose whether you have some sort of addiction to alcohol or drugs or both. It's typically required in situations where a person is a multiple offender, has multiple DUI's or has a very high BAC. If it is determined that the person does have a substance abuse problem, the court will typically order that they go through a treatment program, either in-patient or out-patient, as a condition of their probation. That means if they don't go to the program or they don't complete the program the judge can send the person to jail.
What is 'restitution' in a DUI case?
Restitution, in the Driving Under the Influence (DUI) context, is when a judge orders an offender to pay financial compensation to a victim. For example: suppose that you are driving under the influence, and you hit and cause damage to somebody's car. The court most likely would order you to pay restitution, which would be whatever amount it takes to repair the damage and restore the victim's car to its previous condition.