Home » Criminal Law » Rochester DUI Attorney – DUI Offense and its Punishment


I believe that every individual is struggling in their own ways. You usually want to forget stress and depression by drinking alcohol or taking illegal drugs. While the others do the same thing just for fun. Things like these are often repeated just because you want it that way. But the fact that you drive your car and find your way home is risky under that condition. May be you have forgotten that this is against the law or it could also be that you just don’t care about it.

When you are caught and charged with a DUI or driving under the influence of alcohol as well as prohibited drugs, then this becomes a problem. Actually, you are allowed to drink, but with a certain limit of blood alcohol content or the BAC. Though this only applies to states that charges a DWI or driving while intoxicated or driving while impaired. I suggest you to inquire from a DWI lawyer from Rochester NY, since this is your location. It is for your own awareness, anyway.

Most of the states classify your very first DUI case as a misdemeanor. You might be thinking that this is nothing serious. The moment you were arrested and convicted means a lot and a concern that may affect your life. Therefore, you have to understand well what this criminal offense is. Be responsible with your wrong actions and face the mandatory punishments. I guess, you would like to consult an expert when it comes to this issue.

First Offense

Are you thinking about getting a probation because it was just your first offense? You are somewhat right, however, you may still spend some time in jail as a part of the probation, if only the court will order it. It may be a misdemeanor case, but the laws vary, depending on your state. Another thing that will surely be your worry is the suspension of your driving license.

For an individual, who is charged with a DUI offense must not refuse a chemical testing. Through the chemical testing, the authority will be able to determine, if you will have a 0.08 – 0.18% of the BAC. Failure to submit this will also lead to driving license suspension for 1 year. Click this to view the BAC level table.

The suspension period will depend on your status. If the BAC is less than 0.18%, then that would be for 6 months. But if you are less than 21 years old or with a BAC of 0.18% onwards, then that would surely be a one year suspension with a 500 – 2,500 USD fine. After that, you have to claim your license and pay for the reinstatement fee as well as the ignition interlock device installation fee. It is also possible for you to complete a program for impaired drivers.

Multiple Offense

As a person, who is considered as a habitual violator and is charged with a multiple DUI offense is indeed a really serious problem that you have to face. This time, you will not only lose your driving license, but your car as well. The authority will have to impound your valuable car because of your habitual violation. And then, you will also spend some precious time in jail. These punishments are mandatory for the multiple offenses that you have done. Therefore, it is very important to have someone, who is an experienced criminal defense lawyer and specializes in this field.

Cases for DUI multiple offense varies. There would be court proceedings, interrogations and counseling. The punishment as well as the sentence is even different because this will all depend on how far you have gone. How many times have you committed the same crime? How severe is your alcohol issue? If there is a way to resolve this, then that would be another concern in the court. It would be best for you to check out https://pubs.niaaa.nih.gov/publications/treatment/treatment.htm when you are having issues with alcohol drinking.

Anyway, your case will always differ, depending on the situation. Because of your drunk driving, it is possible for an accident, destruction of properties and death to arise. This may even lead to a felony or murder case and the penalties will go deeper and tougher. For these reasons, a criminal defense lawyer is needed to help you out.

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