Related Questions from DMV Answers

• When does a DUI misdemeanor become a DUI felony?

  • Laws and Legal Info > DUI and DWI

  Driving under the influence (DUI) or driving while intoxicated (DWI) is defined as the act of operating a vehicle after consuming alcohol or any other intoxicating substance. The legal limit in all 50 states is a Blood Alcohol Concentration (BAC) of .08 percent. The penalties for drunk driving tend to differ from jurisdiction to jurisdiction. A DWI is usually considered to be a misdemeanor, but some cases it can be regarded as a felony. According to federal law, the term felony is used to refer to any criminal offense which is punishable by death or imprisonment for more than one year. A misdemeanor refers to any criminal offense which is punishable by imprisonment for one year or less. Generally, a DUI is a felony when it's a repeated offense. A DUI felony may also be when a death or..

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• If I get a second DUI, how long must I attend DUI classes?

  • Laws and Legal Info > DUI and DWI > DUI School

  First, you need to know whether your state requires (or, in some cases, allows) a driver convicted of a second DUI to attend DUI classes. Check your state in the grid below, but keep in mind that no matter what the grid lists (“Yes” or “No”), your state might have DUI laws in effect that dig a bit deeper and either do allow you to attend such classes or place restrictions that actually disqualify you from being eligible to attend.   Such fine print is just one of the many reasons it’s best to consult a DUI lawyer well before it’s all said and done. Once you know whether your second drunk driving conviction means must attend DUI classes, check the notes in the grid. You’ll see that most states provide fairly cut-and-dried information when it..

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• What is the DUI penalty for a third DUI conviction?

  • Laws and Legal Info > DUI and DWI > DWI and DUI Penalties

  This grid below lists, by state, the kinds of penalties you can expect upon a third DUI or DWI conviction. Use the grid as a reference, but note that it’s best to consult a DUI lawyer if you’ve been arrested for drunk driving. DUI laws vary from state to state and offense to offense, but sometimes they also vary from individual case to individual case. For example, your state might list jail time as a third-offense DUI penalty, but that doesn’t necessarily mean it’s mandatory – it might be up to the judge and, in some states, the judge can substitute jail time with home confinement. It’s also good to have an attorney who specializes in DUI and DWI cases present in order to discuss with the judge the possibility of a hardship license or participation in..

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• How can I have a DUI felony expunged?

  • Laws and Legal Info > DUI and DWI

  Expungement law, sometimes known as sealing law, is complicated and varies from state to state. Generally, expungement refers to the process of removing or erasing a conviction from a criminal record. The most common reason for seeking a DUI expungement is to be able to pass a background check when looking for new employment. Even in fields that don't involve driving as a part of the daily job duties, companies are starting to check applicant job records. If your DUI lawyer can get your conviction expunged, you will not have to answer "yes" on a job application when asked if you've been convicted of a felony (including a DUI felony). DUI expungement doesn't work in every case, however. Drunk driving convictions are often considered a priorable crime. This means that if your first DUI..

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• What are the fines and fees for a DUI conviction?

  • Laws and Legal Info > DUI and DWI > DWI and DUI Penalties

  If you’re arrested for and convicted of drunk driving, the fines and fees you’ll have to pay will depend on your state’s DUI laws, and those laws will take into consideration both the nature and the number of your conviction. In other words, you’ll probably pay more for a third offense DUI than you would if it’s your first arrest. The grid below gives the range of fines and fees you can expect to pay if you’re convicted of DUI or DWI, but remember, the chances of you paying only court fines and fees are slim. When it comes to a DUI conviction, you might also have to pay the cost of: Any court-ordered substance abuse classes or counseling. Obtaining a hardship permit for driving to and from work. An ignition interlock system. Reinstating your suspended..

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