If you have been charged with driving under the influence (DUI), you might be asking yourself, “Does a DUI Count as a Criminal Offense? That’s one key question, because the implications of a DUI can be severe and long lasting: fines, a suspended license and a potential jail term. Manderscheid Law Firm, PLLC can help you make sense of things and will represent you legally should you be charged with DUI.
In this article, we will discuss the legal implications of DUI and whether does a DUI count as a criminal offense. and what is it that you, and our firm can do to feel more confident in the legal system overall.
What is Driving Under the Influence?
DUI, or Driving Under the Influence, is drinking and driving. There’s a legal blood alcohol concentration (BAC) limit for drivers in every state (generally 0.08%, although the limit is lower in most states if evidence of impaired driving exists at lower levels), and most states will also allow a driver to be charged with a DUI even if their BAC is lower than this limit if there is evidence of a reduced ability to drive safely. DUI penalties differ depending on jurisdiction, but can include the following:
Fines: From hundreds to thousands of dollars, based on prior offenses.
Membership Suspension: You can also have your membership suspended, which can impact your ability to bond.
Jail (for serious cases): A DUI can also lead to jail time, especially in more serious cases, including if there are aggravating factors.
Probation: Occasionally, a judge may offer probation, where instead of jail time, a person may be ordered to perform community service, take part in an alcohol-education program or take regular drug tests, among other things, depending on the case.
Does a DUI Count as a Criminal Offense?
Now, let’s get into the question you may be asking: Does a DUI count as a criminal offense? All things considered, the answer is yes: most states treat a DUI as a criminal offense. The specific type of charge and its level of seriousness depends on a number of factors, including the driver’s blood alcohol content (BAC) level, whether the DUI resulted in an accident or injury and whether the driver has any prior DUI convictions.
In some states, a first-offense DUI may fall under misdemeanor laws, which is less serious than a felony offense with the penalties of a felony. Yet, a misdemeanor DUI charge can still result in serious penalties, including fines, loss of your driving privileges, and court-ordered alcohol education classes.
If you have previous DUI convictions or if there are extenuating circumstances (such as DUI with a child passenger or injuring someone while DUI), the DUI charge can be charged as a felony. Felony DUI penalties can include longer periods of license suspension, penalties or fines, and longer prison sentences.
We at Manderscheid Law Firm, PLLC know that you are facing a DUI charge and want to handle it like we do. Our experienced attorneys will thoroughly examine the specifics of your case to identify the best strategy and assist you in maneuvering through legal complexities.
Criminal vs. Administrative DUI Offenses
DUI offenses are criminal in nature, but there is also an administrative aspect of the process as well. In nearly every state, people who are arrested for DUI will be facing both criminal penalties, as well as administrative penalties related to their driver’s license. These administrative penalties usually consist of:
If you get arrested for dui, your driver’s license could be suspended and it can happen even before your own criminal trial starts. You might be able to challenge the suspension by requesting a hearing.
Ignition Interlock Device: DUI offenders may also be subject to an ignition interlock device on their vehicles. This device forces drivers to blow into a breathalyzer before the vehicle will start to avoid impaired driving.
These administrative penalties are in addition to the criminal penalties you will incur upon a DUI conviction. So, even if you beat the criminal charges, admin penalties can still have an effect on your driver status.
The Importance of a DUI Defense Lawyer
The legal obligations stemming from DUI charges are incredibly complicated, and the ramifications of a conviction can be devastating. Sound like you are wondering, “Is a DUI a criminal offense?” it’s important to know the complete nature of the charges you could be facing.
A capable DUI defense attorney can assist you to prepare a solid case to dispute the charges filed against you. There are countless individual cases of DUI charges being fought each and every day, and at Manderscheid Law Firm, PLLC we have years of experience defending individuals against these exact charges. Our team can:
Examine the evidence: We will review the evidence for the prosecution, including any breathalyzer or blood test results, police reports, and witness testimony.
Find any weaknesses: If something was done incorrectly in the process of making an arrest or you believe that there is not much against you in terms of evidence to support the police’s claim that you broke the law, we will try to find any weaknesses in the case against you and use it to your advantage.
Enter a plea: Depending on your case it may be possible to reach a plea deal that results in reduced charges or penalties.
Defend you in court: If your case is taken to trial, we will defend you vigorously to protect your rights during the legal proceedings.
DUI is a very different animal in that it involves a very detailed understanding of both criminal and administrative law. At Manderscheid Law Firm, PLLC, we work with clients to help them navigate their options and secure the best results possible.
Common Defenses to Driving Under the Influence Charges
There are a number of defenses that may apply in your DUI case that could potentially reduce or dismiss the charges. Among the most common of these are:
Improper Stop: If the police officer did not have a probable cause to stop you, then any evidence found during the stop might not be admissible in a court of law.
Faulty Breathalyzer Results: Under certain circumstances, Breathalyzer tests may not give accurate results due to equipment malfunction, improper administration, or even more factors.
Increasing BAC: In some cases, a person’s BAC may have been below the legal limit when they drove, but then increased over the limits once after the person was arrested. There are scenarios in which this is a proper defense.
Our attorneys at Manderscheid Law Firm, PLLC will review your case to see if any of these defenses apply to your case.
How Manderscheid Law Firm, PLLC Can Assist You
So, if you are asking yourself, “Does DUI fall under criminal?” and are being charged with a DUI, you need an experienced lawyer on your side. At Manderscheid Law Firm, PLLC, we focus on defending individuals accused of DUI.
Our compassionate team will work with you to understand the legal process, answer your questions, and encourage you through the entire process. Our goal is to provide the best solution for you, whether it is for misdemeanor DUI in Santa Rosa or felony DUI charges.
Connect with Manderscheid Law Firm, PLLC
If you are charged with a DUI and are curious about how a DUI may affect your future, give Manderscheid Law Firm, PLLC a call today! We provide consultations on your case and offer you tailored legal advice.
Don’t wait until it’s too late – contact us today to help you take control of your future. We can help you to reduce the effects of your charges on your life.
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