Is A DUI A Criminal Offense

Is A DUI A Criminal Offense

The quick answer is "Yes". Driving under the influence of drugs or alcohol can be either a misdemeanor or a felony.

While laws are different in each state, every state has adopted laws against drunk driving whereby the more times that a driver is found guilty of DUI or DWI, the greater the penalty.

In most states, when a driver is found guilty of driving under the influence for the first time, the driver is given a fine and possibly a short jail time of several days. And generally, the jail time is suspended and replace with community service or the requirement of attending driving classes.

Many states have a pretrial intervention program for first time DUI/DWI offenders. In pretrial intervention, a driver may be required to do certain things such as taking a class, going to counseling, or participating in community service. It is called pretrial because it occurs before the driver is prosecuted. There is not a trial and the driver does not have a conviction on his/her record.

Even though driving under the influence is a crime, it is not unusual for a driver's first DUI offense to be treated almost like a traffic offense with regards to how long it stays on the driver's driving record.

For a driver's second, third, fourth, and fifth DUI, the penalties keep increasing. The fines get larger and the jail times get longer.

Misdemeanors have smaller fines and either no jail time or short jail time. A felony has a much larger fine and longer jail time. Each state has it's own definition of misdemeanor and felony. The difference between the two may be the jail time. For example, when the penalty for a DUI is a possible sentence of less than one year, then that DUI may be classified as a misdemeanor, whereas when the penalty for a DUI is a possible sentence of one year or more, then the DUI may be classified as a felony.

It is not unusual for a second DUI to be a misdemeanor, but a third, fourth, or fifth DUI is very serious and is generally a felony DUI.

It is a good idea for drivers stopped, arrested, and charged with driving under the influence to talk with a DUI defense attorney. Each case is different. Obviously, some cases have better defenses than others.

A DUI defense lawyer knows the law, Court rules, and how the system works. Often, because of the DUI attorney's knowledge, he or she will not be tricked or mislead by a prosecutor and will normally obtain a better result for a driver charged with driving under the influence than the driver would obtain by himself or herself.

The above is general information only. If you have any questions about DUI or driving under the influence, talk with a DUI defense attorney licensed in your state.

Stop! Get more information here on DUI - Driving Under The Influence. And click here for more insights on How Prosecutors Prove Driving Under The Influence.

This article may be republished, but the wording must not be changed and the above two links must remain active.