There are several types of DUIs you can be charged with, and not all follow exactly the same rules, laws, or charges. If you have been charged with any type of impaired driving, you need to understand what the criminal charges actually are to fight it properly - especially if you don't think the UI was given fairly.
Contents Regular Drunk Driving Extreme DUI Super Extreme DUI Aggravated Drunk DrivingHere are the four main types of DUIs, as well as how a lawyer might have to handle them in different ways.
A regular DUI is for something small – usually it happens when your blood alcohol level (BAC) is around 0.08% or higher. This is the general legal limit and the point you want to avoid if you are driving after drinking, which means there is a very small margin as to how much alcohol can be in your blood.
Because this is a minor type of impaired driving, the outcome may depend on the actual blood alcohol level you were charged with. If you didn't hit anything or cause any trouble on the road and only have a blood alcohol level of 0.08%, the DUI charge may not come to anything .
However, you should make sure you have a lawyer on hand (either your own lawyer or one you can hire/work with after being arrested) just in case. This standard DUI is still a DUI, so it could be on your permanent record or result in actual jail time.
If convicted, expect a 45-day jail sentence and 90 days alcohol-free through the use of an alcohol monitoring device. Not all states follow exactly the same system, but this is a common result.
An extreme DUI is a case where you have obviously exceeded the legal limit but have decided to drive anyway. This often ranges from 0.150% to 0.199% BAC, and it shows that you are well above the normal amount of alcohol your body should have while driving.
An extreme DUI definitely requires an attorney because it becomes much harder to claim that you accidentally went over the limit. It's still possible to get through an extreme DUI with only minor consequences, but it depends on what actually happened:if you caused property damage or personal injury, it's much less likely.
The consequences are far greater but not as extreme as the following two DUI types.
A super extreme DUI means your blood alcohol level is over 0.20%, which is almost three times the legal limit. In this case, you will need a lawyer to help you because there is no way to properly fight the charge on your own. At most, you will be able to reduce your penalties and punishments – it is difficult to completely dismiss this kind of accusation.
This leads to a mandatory 180 days in jail if you're found guilty, along with fines, community service, alcohol lessons for at least 36 hours, and other consequences. The more risks you expose others to, the more serious they will become.
While it's not the worst type of impaired driving, it's also not something you can walk away from. something an aggravated DUI Does .
An aggravated DUI is considered a felony, which means it is a much more serious crime. These occur if there are specific "aggravating factors" related to the circumstances giving rise to your DUI, such as having multiple charges in the last 7 years, driving with a passenger under the age of 15 in the vehicle, not having a license, etc.
This also includes damage to persons or property, as well as bad day on the highway. In this case, a criminal lawyer is essentially mandatory because you are accused of a major criminal offense which will usually have supporting evidence.
Again, the more extreme the situation, the worse the punishments can end up being. Either way, expect extremely high fines, a ten-year alcohol probation period, jail time, or even the installation of a locking device that forces you to pass a breathalyzer every time you start your vehicle.
