Driving under the influence (DUI) is a misdemeanor if it is your first offense, and in most states, a second or even third offense is considered a misdemeanor if the offenses are years apart. Misdemeanors are offenses for which you can receive up to a year in jail; most states classify them according to severity. Misdemeanors (including drunk driving in Stoughton) usually will not keep you from military service, a career in law enforcement, or getting/keeping professional licenses.
If you are facing a misdemeanor DUI conviction, you may get a short jail sentence or community service for a first offense. Sentences typically include fines, probation, DUI schooling and driver’s license suspension. Subsequent offenses may carry a mandatory minimum sentence if blood alcohol level is high, or a passenger is underage. Some states treat second offenses as lower-level felonies, if occurring within ten years of the first offense. In other states, a third DUI is considered a felony no matter how long it’s been since a prior offense.
Felony DUI
Under some circumstances, a first DUI can be considered a felony. These circumstances include:
* Accidents involving serious disfigurement or injury
* Accidents involving fatalities
* Where the defendant’s blood alcohol level was over a certain limit
* Prior convictions within a certain period
* Passengers under a set age
* Driving on a license that has been suspended, restricted or revoked
These circumstances do not change a misdemeanor DUI to a felony in all states. Depending on your location, prosecutors can decide whether to upgrade charges with any of these aggravating circumstances. If someone is injured or killed in a DUI crash, all states charge even first time offenders with felonies such as:
* Vehicular homicide or vehicular manslaughter
* Criminal negligence
* Assault with a deadly weapon
Depending on various factors and whether you have any prior DUI convictions, your attorney may be able to get your misdemeanor DUI expunged after a certain period. Driving under the influence, even if classed as a misdemeanor, can have serious consequences that may last a lifetime. If you are facing a conviction for drunk driving Stoughton, you should call a DUI lawyer to represent you in court.
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