The penalties for driving under the influence increase based on the frequency of conviction and the severity of the offense. In other words, if you have been convicted of DUI for the second time, the penalties are greater than if it was your first DUI. The penalties increase to the point that the 4th offense for DUI is a felony which is punishable by imprisonment in the Department of Corrections. Likewise, even if it is your first conviction for DUI, the penalties are increased if there was damage to persons or property or serious bodily injury to another. Of course, if death results from driving under the influence, that is the felony offense of DUI Manslaughter and is outside the scope of this topic.
Depending upon the degree of impairment, as indicated by a blood, breath or urine test, the court has the authority to increase the penalties. This is sometimes called double-drunk as the blood-alcohol level registers more than double the legal limit.
An individual convicted of DUI will be facing the possibility of fines, which increase based on the factors stated above, as well as jail time. For the first offense of DUI there is no mandatory jail sentence. However, with subsequent convictions of DUI within certain time periods, there may be mandatory jail sentences imposed.
In addition to the fines and jail there are other penalties imposed such as community service, probation, required attendance at DUI Counter-Attack School and, if your county has such a program, attendance at a victim awareness program. There will also be a suspension or revocation of your driver's license. As with the fine and jail, the amount of time your license will be suspended depends upon the severity of the offense and the frequency with which you have received DUI convictions.
Because the law punishes multiple offenders for DUI quite harshly, it is very important that even an individual facing DUI for the first time obtain legal advice.
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