Why DUI Charges May be Brought
DUI charges are typically based on the finding that people had, while operating motor vehicles, blood alcohol content of 0.08%. The basic justification for a DUI charge, beyond statutory violation, consists of the potential threat to other people’s safety by unsafe driving practices, including to other users of the same section of roadway, pedestrians in proximity to that vehicle, and passengers, if any, in the car of the intoxicated individual. A DUI charge will generally be the result either of using alcohol or drugs. Moreover, DUI charges are more likely to be brought against defendants if they have behavior pattern or physical dependency issues in relation to these substances.
DUI Charge Variability
DUI offenses can vary according to the specific statutes on the books in the particular state where the DUI offense occurs. As such, the federal government does not generally prosecute a DUI charge against a defendant, except in special circumstances bringing the case under the U.S. government’s purview. Moreover, DUI charges can also depend on the two main factors to be looked for in a DUI offense, which are the extent to which the driver’s intoxication posed a threat to other drivers, passengers, and pedestrians, and whether or not this threat was fulfilled, and in that case the extent to which it was fulfilled.
DUI Charges Can Be Brought as Either Felonies or Misdemeanors
The sentencing level of a DUI charge, as well as the consequent penalty to be directed against defendants, will depend most simply on whether it is brought as a felony or misdemeanor. Felony-level DUI charges will almost certainly result from an accident, caused by the driver’s intoxication, which involves injury to other individuals. Moreover, a DUI charge imposed in the instance where a person was killed as a result of the car accident will invariably be prosecuted as a felony. On the other hand, DUI charges brought at the less serious misdemeanor level will typically proceed from cases in which some risk was posed by the driver’s intoxication, but this threat was not realized.
Different Penalties Can be Imposed for DUI Charges
People facing DUI charges may be faced with the prospect of a term of imprisonment, depending on whether various aggravating factors were present, as well as in accordance to whether or not they are prosecuted on a felony or misdemeanor DUI charge. Imprisonment may not be sought by the court system if the intoxicated driver did not actually harm other individuals potentially put at a risk by his or her level of intoxication.
As such, a DUI charge might alternately lead to a driver having driving privileges revoked for a period of time, and to being ordered to undergo educational, rather than punitive, measures intended to restore that person’s responsibility in regard to driving and intoxicant consumption. People facing DUI charges may be able to avoid burdensome punitive measures such as by willfully submitting to Alcoholics Anonymous classes or alcohol education classes. If you need legal advice and assistance, contact DUI lawyers.