Driving under the influence of alcohol can carry severe consequences, and it can be difficult to navigate the legal process without some guidance and understanding of the different offenses.
Here, we discuss different types of DUIs, and break down how different offenses may or may not affect you.
Misdemeanor vs. felony DUI
The majority of offenders will only face a misdemeanor, especially if it is their first offense. A misdemeanor could lead to punishments of varying lengths and fines (see below for more detail), such as jail time. The consequence will usually match the level of offense. Often, a misdemeanor offense does not mean the loss of civil rights, such as the right to vote, to serve on a jury, or to practice certain professions such as law or being a teacher.
A DUI felony arises if, for example, an offender’s drunk driving results in an accident with another vehicle, property, or person. This usually means a sentence of one year or more to be served in prison in addition to paying fines appropriate to the severity of the crime. Restitution could also be sought for victims of the accident.
A typical drunk driving offense could also automatically become a felony charge if the driver committed an illegal act, neglected a responsibility while driving, or caused bodily harm to another person. In some states, a third DUI offense could automatically be classified as a felony, even if there is no negligence or human injury involved.
DUI alcohol vs. drugged driving
While we have covered DUI alcohol offenses, it may be useful to understand the differences between a DUI alcohol offense and a drug offense. A person is considered guilty of driving while under the influence of any drug if they are found guilty of being under its influence at the time of arrest. They can also be found guilty of drugged driving if found intoxicated by both liquor and drugs at the time of arrest.
However, it is not as easy to test for driving under the influence of drugs on the spot, especially in comparison to a DUI. Though laws vary per state, authorities are more likely to prosecute a driver under the grounds of “impairment.” This means that the driver must be impaired by a particular substance and unable to drive safely in order to be found guilty of a DUID, or driving under the influence of drugs. It must be proven that a driver was actually impaired behind the wheel. This definition and level of “impairment” can sometimes be left up to the discretion of police and prosecutors.
Different level of offenses
For most people who are issued a DUI, it is usually their first offense. However, consequences increase if you incur more than one DUI offense:
First offense: A first offense DUI is usually just a misdemeanor offense. Depending on the state you live in and your blood alcohol content (BAC) at the time of arrest, the penalties you face could vary and could include jail time, or a fine that could be anywhere from $150 to $5,000. The penalty could also include some schooling, such as instructional abuse treatment and correction.
Second offense: A second DUI offense, again, varies per state, but usually sees harsher variations of the penalties found in one’s first offense. Your BAC will play more of a determining factor during the second offense. If you had a prior offense within the last seven years and are convicted of another DUI, you face possible license revocation for two years if your BAC was less than 0.15%. You also face the same consequences if there are no conclusive test results. If you decide to refuse testing, then the revocation period could run as long as 900 days. Jail time could be from 30 days to a year, and fine rates jump up to a possible $1,120.50 to $5,000 for a second-level offense.
Third offense: A third DUI within seven years will mean severe penalties regardless of what state your DUI is issued in. Possible penalties include the loss of driving privileges for up to three years, thousands of dollars in fines, and a minimum of 90 days in jail. Minimum fines could start as high as $1,970.50 and run up to $5,000. If convicted of a DUI with a .15% BAC, your license revocation could be for three years. If you’re found guilty of a third-level offense and your BAC was above .15%, the license revocation is four years.
Although we have outlined some basic knowledge and laws surrounding various types of DUIs and their consequences, it is best to consult a local DUI defense attorney to get the most accurate information for your unique situation and the state you live in.
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Manhattan (/mænˈhætən, mən-/), often referred to by residents of the New York City area as the City, is the most densely populated of the five boroughs of New York City, and coextensive with the County of New York, one of the original counties of the U.S. state of New York. Manhattan serves as the city’s economic and administrative center, cultural identifier, and historical birthplace. The borough consists mostly of Manhattan Island, bounded by the Hudson, East, and Harlem rivers; as well as several small adjacent islands. Manhattan additionally contains Marble Hill, a small neighborhood now on the U.S. mainland, that was connected using landfill to the Bronx and separated from the rest of Manhattan by the Harlem River. Manhattan Island is divided into three informally bounded components, each aligned with the borough’s long axis: Lower, Midtown, and Upper Manhattan.
Manhattan has been described as the cultural, financial, media, and entertainment capital of the world, and the borough hosts the United Nations Headquarters. Anchored by Wall Street in the Financial District of Lower Manhattan, New York City has been called both the most economically powerful city and the leading financial center of the world, and Manhattan is home to the world’s two largest stock exchanges by total market capitalization: the New York Stock Exchange and NASDAQ. Many multinational media conglomerates are based in Manhattan, and the borough has been the setting for numerous books, films, and television shows. Manhattan real estate has since become among the most expensive in the world, with the value of Manhattan Island, including real estate, estimated to exceed US$3 trillion in 2013; median residential property sale prices in Manhattan approximated US$1,600 per square foot ($17,000/m2) as of 2018, with Fifth Avenue in Midtown Manhattan commanding the highest retail rents in the world, at US$3,000 per square foot ($32,000/m2) per year in 2017.
Manhattan traces its origins to a trading post founded by colonists from the Dutch Republic in 1624 on Lower Manhattan; the post was named New Amsterdam in 1626. Manhattan is historically documented to have been purchased by Dutch colonists from Native Americans in 1626 for 60 guilders, which equals roughly $1059 in current terms. The territory and its surroundings came under English control in 1664 and were renamed New York after King Charles II of England granted the lands to his brother, the Duke of York. New York, based in present-day Manhattan, served as the capital of the United States from 1785 until 1790. The Statue of Liberty greeted millions of immigrants as they came to America by ship in the late 19th century and is a world symbol of the United States and its ideals of liberty and peace. Manhattan became a borough during the consolidation of New York City in 1898.
New York County is the United States’ second-smallest county by land area (larger only than Kalawao County, Hawaii), and is also the most densely populated U.S. county. It is also one of the most densely populated areas in the world, with a census-estimated 2019 population of 1,628,706 living in a land area of 22.83 square miles (59.13 km2), or 72,918 residents per square mile (28,154/km2), higher than the density of any individual U.S. city. On business days, the influx of commuters increases this number to over 3.9 million, or more than 170,000 people per square mile (65,600/km2). Manhattan has the third-largest population of New York City’s five boroughs, after Brooklyn and Queens, and is the smallest borough in terms of land area. If each borough were ranked as a city, Manhattan would rank as the sixth-most populous in the U.S.
Many districts and landmarks in Manhattan are well known, as New York City received a record 62.8 million tourists in 2017, and Manhattan hosts three of the world’s 10 most-visited tourist attractions in 2013: Times Square, Central Park, and Grand Central Terminal. The borough hosts many prominent bridges, such as the Brooklyn, Manhattan, Williamsburg, Queensboro, Triborough, and George Washington Bridges; tunnels such as the Holland and Lincoln Tunnels; skyscrapers such as the Empire State Building, Chrysler Building, and One World Trade Center; and parks, such as Central Park. Chinatown incorporates the highest concentration of Chinese people in the Western Hemisphere, and the Stonewall Inn in Greenwich Village, part of the Stonewall National Monument, is considered the birthplace of the modern gay rights movement. The City of New York was founded at the southern tip of Manhattan, and the borough houses New York City Hall, the seat of the city’s government. Numerous colleges and universities are located in Manhattan, including Columbia University, New York University, Cornell Tech, Weill Cornell Medical College, and Rockefeller University, which have been ranked among the top 40 in the world.
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