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If convicted for DUI a second or subsequent time, the penalties get worse.
What is DUI?
DUI or Driving under influence is the offense of driving, operating under intoxication or impaired by drugs or alcohol rendering the driver incapable of driving the vehicle.
Offences under DUI:
Person charged under DUI is innocent until proven guilty. If guilt is proven, the punishment conferred would be according to the State law and aggravating circumstances.
First Offence of DUI:
A first-offense DUI conviction carries with it numerous fines, penalties, license suspensions (dependent upon your state).
In majority of the states, the penalty is called as Misdemeanor and punishable for maximum of 6 months of imprisonment.
In few states, jail term is shorter than 6 months. Example - New jersey
Second Offence of DUI:
The harshness of the penalties escalates with every DUI offense following the first conviction.
With second and subsequent DUIs, the maximum possible jail time might be greater. But it's even more common for the mandatory minimum jail sentence to be longer than it is for a first offense.
Second DUI will increase the stakes in the form of:
- Two year's suspension of driving license
- Fines between $300-$2000
- A jail term between 90 days to one year.
Lots of other circumstances can also affect the amount of jail time you can expect for a DUI conviction. For example, some states mandate more severe punishments for DUI or DUI offenders whose blood alcohol concentration (BAC) at the time of arrest was particularly high.
Many states also have penalties enhancements related to DUI accidents.
For a DUI or DWI that's been classified as a felony—either because the driver killed or injured someone or because the driver has a number of prior DUI convictions—prison sentences of several years or more are not uncommon.
Again, the specifics depend on state law, the facts of the case, and the discretion of the judge at trial.
Fines:
The fine amounts generally increase with the number of prior convictions the driver has.
Driver's License:
A DUI or DWI offender looses his or her license which gets suspended for a substantial period of time. As with other penalties, suspension periods are normally tied to how many prior convictions the driver has.
The state might confiscate the car or cancel its registration, either temporarily or permanently. Or the state might require an ignition interlock device (IID) to be attached to the offender's car.
Alternative Punishment:
In a number of states, alternative sentencing options are available to certain offenders such as substance abuse education and prevention programs, treatment for substance abuse, and community service.
Judges in these states might recommend these steps instead of jail time or paying fines, most likely for a first offender. Or the judge might combine them with other penalties
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