Wayne Bibee
Feb 14, 20212 min read
WHAT YOU NEED TO KNOW IF ARRESTED FOR A DUI.
If you have been arrested for Driving Under the Influence (DUI) you may believe you have no chance of successfully defending yourself...
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Bibee Law Firm is devoted solely to criminal, traffic and DUI/DWI defense. It is entirely focused on defending and protecting the rights of persons accused of or charged with these offenses.
The firm believes every defendant deserves strong representation and, therefore, seeks to provide vigorous, through and experienced representation at a reasonable fee.
Criminal charges include misdemeanors and felonies.
A misdemeanor charge can be punished by up to twelve months in jail and/or a fine of up to $2,500. However, some lesser classed misdemeanors are punishable by lower jail terms and fines.
A felony is a more serious offense. Felonies are divided into six classes and can be punished by more than twelve months in jail. Felony convictions also carry serious collateral consequences, including loss of certain constitutional rights.
A first time DUI is normally charged as a class 1 misdemeanor, punishable by up to twelve months in jail and/or a $2,500 fine. There is a mandatory minimum fine of $250. In addition, conviction will result in an operator's license suspension and negative DMV points.
A second DUI within five or ten years is punished more harshly, including a $500 mandatory minimum fine and mandatory jail time.
A third offense within ten years is charged as a class 6 felony and is punishable by up to five years imprisonment and a fine of up to $2,500. There is a mandatory minimum jail sentence of at least ninety days.
Most traffic offenses are either infractions or misdemeanors.
An infraction is punishable in court only by a fine. These offenses are usually moving violations, like speeding, but there are also many non-moving infractions. Moving violations also carry negative DMV points.
Misdemeanor traffic offenses can be punishable by jail time and/or a fine. A class 1 traffic misdemeanor is punishable by up to twelve months in jail and/or a fine of $2,500. These include Reckless Driving, Driving with a Suspended Operator's License and Hit and Run Driving. Misdemeanor traffic offenses also carry negative DMV points and often result in a suspended operator's license.