Driving Under the Influence, Driving While Intoxicated, and Operating Under the Influence are closely related crimes, but they can all have the same result: loss of your driver’s license, a stiff fine, embarrassment, and even jail time. Although DUI, DWI, and OUI are relatively common grounds for arrest, few people are familiar with their rights and know how to defend themselves once they are charged.

There are many issues to be considered when you are charged with a DUI. Among them are:

• Was the arrest legal?
• Was the field sobriety test (if any) conducted correctly?
• Was equipment used to test blood alcohol levels accurately calibrated?
• Was the evidence correctly handled?
• Did the arresting office commit any type of misconduct?

Many people who believed themselves guilty have been able to avoid serious penalties when the court decided one or more of these issues in their favor.

Laws vary by State, but some typical penalties are:

• 1st DUI Offense: Four (4) months license suspension
• 2nd DUI Offense: One (1) year license suspension
• 3rd DUI Offense: One (1) year license suspension, possible confiscation of vehicle
• Any offense: possible mandatory alcohol education & treatment
• Ignition interlock device installed on vehicle

Penalties may also include possible jail time, fines, and community service. Penalties are harsher for second and third offices.

A conviction for these offenses can exact a heavy toll on you and your family because the penalties go far beyond just the possibility of having to spend some time in jail and having to pay a fine. A conviction may also result in the loss of your job if you work for an employer who has a hard-line rule on alcohol offenses. A conviction will go on your record and can affect your opportunity to find employment in the future. A conviction will affect the insurance rates you pay and probably result in higher premiums. All of these factors mean that you should contact an experienced criminal defense lawyer who can analyze your case and work toward the goal of reducing the extent of the penalties you may face.

Let’s go more in depth to analyze the typical penalties mentioned above. If you are a first-time offender here are some of the possible penalties that the judge handling your case could hand down depending upon the facts of your case:

• A jail term of between 48 hours and 6 months.
• The suspension of your license for a year.
• A fine of $1,000, upon which the judge could add court costs that sometimes can be more than the fine.
• Enrollment and completion of a drunk driving class that could last between six weeks and nine months.
• Placement on probation, which means you will have to check in with a probation officer and comply with court-imposed terms and conditions that could prohibit you from drinking and limit your driving privileges. You also could be subject to random searches.
• You may be required to install an interlock device in your car that will block you from turning on your ignition and driving if you have been drinking.

Second-time offenders could face the following penalties, depending upon the facts of their case:

• A jail term of between four days and six months.
• A two-year suspension of the driver’s license.
• A significantly higher fine and higher court costs.
• Enrollment and completion of drunk driving classes that could range from 18 months to 30 months.
• Formal probation, which means that you will have to regularly check in with a probation officer and face even stricter terms and conditions that also allow authorities to search you at any time.
• You may be required to install an interlock device in your car that will block you from turning on your ignition and driving if you have been drinking.

Third-time offenders could face the following penalties, depending upon the facts of their case:

• A jail term that will be at least 120 days and could be as high as one year.
• The suspension of the driver’s license for three years.
• Significantly higher fines and court costs than for a first or second-time offense.
• Enrollment and completion of a drunk driving class that could range from 18 months to 30 months.
• Formal probation, which means that you will have to regularly check in with a probation officer and face even stricter terms and conditions that also allow authorities to search you at any time.
• Mandatory installation of an interlock device.

Fourth-time offenders could face the following penalties, depending upon the facts of their case:

• A jail or prison term of between 180 days to three years.
• The suspension of the driver’s license for four years.
• Significantly higher fines and court costs.
• Enrollment and completion of a drunk driving class of between 18 and 30 months.

Formal probation, which means that you will have to regularly check in with a probation officer and face even stricter terms and conditions that also allow authorities to search you at any time. Mandatory Installation of an interlock device in any vehicle that is driven while on probation.

These severe penalties underline the necessity of obtaining an experienced lawyer to represent you in handling your case, whether you be a first-time or multiple offender.