The National Highway Traffic Safety Administration (NHTSA) shows that over 13,000 people died in alcohol-related crashes in 2024, the second consecutive year with that many deaths. Six point four out of every 1,000 drivers have a DUI on their driving record, according to car insurance data.
A DUI, or “Driving Under the Influence,” is an offense that occurs when someone operates a vehicle while impaired by alcohol, drugs, or other substances. In the US, a first DUI offense can be classified as a misdemeanor. This means it’s considered a criminal offense but less severe than a felony. However, the penalties depend on your state and the severity of your case.
It’s important to note that certain factors can elevate a DUI from a misdemeanor to a felony.
Understanding DUI Offenses: Definitions and Classifications
As mentioned, someone can be charged with a DUI when they operate a vehicle under the influence of alcohol or any drug.
A DUI charge may escalate to felony charges, depending on circumstances such as blood alcohol content, bodily injury, endangered life, etc. Most first-time DUI misdemeanors carry with them lighter penalties than a felony.
Certain DUI charges are prosecutable as a felony upon the presence of aggravating factors or upon a prior conviction of the accused. DUI lawyers from The Fleming Firm say it’s important for you to hire the right lawyer who can help mitigate the consequences of a DUI charge and effectively resolve this legal challenge.
Factors That Determine Misdemeanor vs. Felony Status
Many factors, including the defendant’s prior record, are considered. The criminal code would most likely classify the offense as a felony due to the defendant’s prior DUIs. The level of the offense or type of injury to a person could also affect the classification. Harming or killing another person is classified as a felony.
Sometimes, classification also depends on the degree of intoxication or blood-alcohol content, with charges increasing the higher the value for blood-alcohol content.
Certain types of aggressiveness may also elevate charges, such as reckless driving with minors in the vehicle. Knowing these factors, you’ll be able to handle the law successfully or make smarter decisions when driving.
Typical Penalties for a First DUI Offense
For first-time offenders, an understanding of potential penalties is important to prepare for this charge. Your state may impose a typical fine ranging from $500 to $1,500. Another penalty is license suspension, which lasts from months to a year.
Some states may mandate that you attend a substance abuse program or DUI classes, which require payment in addition to your time. Most cases have community service as a complement.
Jail time is rare for first-timers; hence, the exceptions are sentences ranging from a few days to a couple of months. The more you stay informed, the better you’re able to negotiate through the consequences.
State Variations in DUI Laws
While many DUI laws share common elements in each state, there are differences that would impact your case.
For instance, a state may classify a first offense DUI as a misdemeanor. However, other states might make that same offense a felony under conditions such as a high-specified BAC or injury to a person.
The penalties also vary greatly and would have an impact upon your case. Some states require jail time, whereas others merely require a fine or community service.
License suspensions are different in each state. In some, the very first conviction reinstates a driver; in others, the suspension persists much longer.
Understanding state laws will form the basis of your defense and the potential penalties. You must always tap into local resources for current information!
Steps to Take After a First DUI Charge
When charged with the first DUI offense, there is a need to swiftly undertake the steps required to protect your legal rights and proper legal formalities.
An experienced DUI attorney serves the role of assisting you in managing your case. He or she will explain potential penalties in your situation and help you collect evidence, such as police reports and witness statements, which can help your defense.
Keep all court dates set for yourself, adhere to any court orders, and don’t discuss your DUI case on social media or with anyone outside of your legal team.
Start looking into alcohol education programs to show you are trying to act responsibly from now on.