Punishments for driving under the influence vary depending on the state, and sometimes county, so you will need a defense lawyer from your area who is familiar with the laws and potential penalties and who can help you fight the charges. For example, if you were arrested in San Jose, you will need to find a DUI attorney from San Jose.
In addition to geographical location, the exact consequences of driving under the influence will be based on whether it is a first or repeated offense and if any enhancements apply. The penalties for a first-time offender often include community service or jail time, the payment of a fine, attendance at an alcohol and drug education school, and restrictions on driver license use.
Enhancements, which are added because of a more serious offense and typically result in an additional or greater punishment, include the following: the offender is under the age of 21; accidents, injuries, or damages occurred from the DUI case; the driver was speeding; there was a child in the car; the driver had an alcohol concentration of .20 percent or greater; the driver refused to take a blood, breath, or urine test.
The penalties for driving under the influence in a multiple offense case or with an enhancement often involve longer jail sentences and longer alcohol and drug education program enrollments. Other consequences for a drunk driving conviction include being required to attend AA meetings and/ or install an ignition interlock device in your car as well as possibly losing your car altogether. In most states, an injury resulting from a DUI case, even if it was someone within the drunk driver's car, makes the offense a felony DUI/ DWI. Worse, if there was a death connected to the case, the driver can be charged with manslaughter or possibly even murder.
Fortunately, with the help of a criminal defense attorney, it is possible to avoid going to jail by securing a substitute punishment. Some alternatives include house arrest and electronic monitoring, sober living environments and alcohol and drug rehabilitation centers, work furlough and work release, roadside labor, and community service such as graffiti removal. An experienced DUI attorney will be able to help you determine which alternative is best for your situation.
Article Source: http://www.happy-living-articles.com
