Experienced DUI Lawyers
The best course of action to avoid a DUI charge is to not consume any alcohol or impairing drugs before operating a motor vehicle. As simple as that advice may seem, many still do not follow it. DUI can be charged as either a misdemeanor or a felony offense. If you do get charged with a DUI you should know you can expect heavy fines, administrative suspensions, an ignition interlock device requirement, as well as other possible repercussions that can tremendously affect one’s life. So again, the best course of action is to avoid getting a DUI in the first place.
For repeat DUI offenses or for those who have a higher blood alcohol content (BAC) the penalties will increase significantly. In addition, a DUI can be charged as a felony if certain aggravating circumstances are present. A Felony DUI will carry additional jail time, fines, a permanent criminal record, and other more severe consequences as well. Therefore, having an experienced, aggressive attorney can be crucial to navigating this tumultuous area of the law and achieving the best results possible in your DUI case.
TYPES OF DUI
MISDEMEANOR DUI
A misdemeanor DUI is typically charged for a first-time DUI offense without any aggravating circumstances such as having a minor child in the car, injuring or killing another person, or having prior DUI convictions. Most people who are arrested and charged face misdemeanor DUI allegations.
A misdemeanor DUI will not require a preliminary hearing or the convening of a grand jury. A misdemeanor DUI is as follows: a person is arrested, charged, arraigned, has a pretrial conference, and if the case doesn’t plead out at pretrial, goes to trial.
FELONY DUI
DUI is charged as a felony if an individual already has three prior misdemeanor convictions within a ten-year period. Additionally, killing or injuring someone while driving under the influence of alcohol or drugs is also charged as a felony. Convictions under this crime could be life-altering.
SERIOUS DUI CASES
Many DUI cases may have begun as simple DUI and were later charged as aggravated assault and manslaughter cases. Serious DUI cases generally carry mandatory prison sentences even for first-time offenders.
OPERATING UNDER THE INFLUENCE – OUI
OUI is the version of DUI for those operating a water vessel while impaired. You can be found guilty of operating under the influence (OUI) if you are operating a boat while even slightly impaired from alcohol or drugs. If you are operating a boat while impaired alcohol or drugs even to the slightest degree or have a blood alcohol content (BAC) of at least .08% within a two-hour period of operating will support this version of DUI referred to as “Operating Under the Influence.” You can be convicted of OUI or DUI even if you are on private property or a private lake. Therefore, it is not required for you to be on a public lake or highway for a prosecutor to prove either OUI or DUI.
Any type of DUI or OUI can have severe consequences, so it is best to avoid being charged with these crimes. Of course, as stated earlier the best way to avoid a DUI or OUI of any kind is by not consuming alcohol or ingesting drugs prior to operating a motor vehicle either on land or on water.
If you are ever charged with a crime arising from DUI, contact the Attorneys for Freedom Law Firm or call our Arizona office at 480-755-7110 and let our experienced DUI attorneys help you.
