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.
what is dui
San Francisco, officially the City and County of San Francisco and colloquially known as SF, San Fran, Frisco, or The City, is the cultural, commercial, and financial center of Northern California. San Francisco is the 16th most populous city in the United States, and the fourth most populous in California, with 881,549 residents as of 2019. It covers an area of about 46.89 square miles (121.4 km2), mostly at the north end of the San Francisco Peninsula in the San Francisco Bay Area, making it the second most densely populated large U.S. city, and the fifth most densely populated U.S. county, behind only four of the five New York City boroughs. San Francisco is the 12th-largest metropolitan statistical area in the United States by population, with 4.7 million people, and the fourth-largest by economic output, with GDP of $549 billion in 2018. With San Jose, it forms the fifth most populous combined statistical area in the United States, the San Jose–San Francisco–Oakland, CA Combined Statistical Area (9.67 million residents in 2018).
As of 2020, San Francisco has the highest salaries, disposable income, and median home prices in the world at $1.7 million and highest median rent in the United States. In 2018, San Francisco was the seventh-highest-income county in the United States, with a per capita personal income of $130,696. In the same year, San Francisco proper had a GDP of $183.2 billion, and a GDP per capita of $207,371. The CSA San Francisco shares with San Jose and Oakland was the country’s third-largest urban economy as of 2018, with a GDP of $1.03 trillion. Of the 500+ primary statistical areas in the U.S., this CSA had among the highest GDP per capita in 2018, at $106,757. San Francisco was ranked 8th in the world and 2nd in the United States on the Global Financial Centres Index as of March 2020. As of 2016, the San Francisco metropolitan area had the highest GDP per capita, labor productivity, and household income levels in the OECD. As of 2019, it is the highest rated American city on world liveability rankings.
San Francisco was founded on June 29, 1776, when colonists from Spain established Presidio of San Francisco at the Golden Gate and Mission San Francisco de Asís a few miles away, all named for St. Francis of Assisi. The California Gold Rush of 1849 brought rapid growth, making it the largest city on the West Coast at the time. San Francisco became a consolidated city-county in 1856. San Francisco’s status as the West Coast’s largest city peaked between 1870 and 1900, when around 25% of California’s population resided in the city proper. After three-quarters of the city was destroyed by the 1906 earthquake and fire, San Francisco was quickly rebuilt, hosting the Panama-Pacific International Exposition nine years later. In World War II, San Francisco was a major port of embarkation for service members shipping out to the Pacific Theater. It then became the birthplace of the United Nations in 1945. After the war, the confluence of returning servicemen, significant immigration, liberalizing attitudes, along with the rise of the “hippie” counterculture, the Sexual Revolution, the Peace Movement growing from opposition to United States involvement in the Vietnam War, and other factors led to the Summer of Love and the gay rights movement, cementing San Francisco as a center of liberal activism in the United States. Politically, the city votes strongly along liberal Democratic Party lines.
A popular tourist destination, San Francisco is known for its cool summers, fog, steep rolling hills, eclectic mix of architecture, and landmarks, including the Golden Gate Bridge, cable cars, the former Alcatraz Federal Penitentiary, Fisherman’s Wharf, and its Chinatown district. San Francisco is also the headquarters of five major banking institutions and various other companies such as Levi Strauss & Co., Gap Inc., Fitbit, Salesforce.com, Dropbox, Reddit, Square, Inc., Dolby, Airbnb, Weebly, Pacific Gas and Electric Company, Yelp, Pinterest, Twitter, Uber, Lyft, Mozilla, Wikimedia Foundation and Craigslist. The city, and the surrounding Bay Area, is a global center of the sciences and arts and is home to a number of educational and cultural institutions, such as the University of San Francisco (USF), University of California, San Francisco (UCSF), San Francisco State University (SFSU), the De Young Museum, the San Francisco Museum of Modern Art, the SFJAZZ Center, and the California Academy of Sciences.
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