Regardless of what state you reside in, all states in the United States categorize driving while under the influence a crime. If the police officers have arrested you for a DUI, the factors involved in your arrest can contribute to you receiving a more severe sentence.
Let’s look at the positive and negative factors that can affect your DUI sentence and how a DUI lawyer can help you get a reduced sentence.
Negative Factors that Influence the Severity of Your DUI Sentence
Here are seven negative factors that influence the severity of your DUI sentence:
1.Blood Alcohol Concentration (BAC) – The legal BAC in all states of the country is 0.08%. If the police officer pulls you over and arrested if your BAC level if above the legal limit, they will arrest and charge you. Expect to face harsher penalties if your BAC level if 0.20% or more. However, there are a few exceptions to this.
Police officers will charge drivers driving with a BAC level more than 0.04%. If the police officer pulls you over for drinking and driving and you are under the legal drinking age, they will charge and arrest you on the spot, as all states have zero tolerance laws.
Even if your BAC level if less than 0.08%, police officers still have the legal right to arrest and charge, which is why you need to hire a DUI lawyer to defend in your court immediately.
2.Refuse a Breathalyzer Test – Even though the consequences of refusing to take a breathalyzer test differ from state to state, in Virginia, you can refuse to take one on the scene, but if you refuse to submit one at the police station, you will have to pay penalties.
3.Injure Someone – If your drunk driving injures someone, the prosecutor will charge you with a felony instead of a misdemeanor. If you kill someone while driving under the influence, the prosecutor will charge you with a vehicular manslaughter or homicide.
4.Prior Conviction – If you have been charged or sentenced for prior DUI convictions, it can result in harsher penalties.
5.Children in the Car – If you were driving while intoxicated with children in your car or with a person who has special needs, it can result in harsher penalties.
6.Suspended Driver’s License – If you were drinking and driving with a suspended driver’s license, it can result in harsher penalties.
7.Speeding and Reckless Driving – If you are caught speeding or displaying reckless behavior on the road while intoxicated, it can negatively affect your sentence.
Positive Factors that Influence the Severity of Your DUI Sentence
Here are fourpositive factors that influence the severity of your DUI sentence:
1.You are a first-time offender
2.You were driving safe and lawfully at the time of your DUI arrest
3.You have a clean driving record
4.You took prescription medication before sitting behind the wheel
If you require a professional and experienced DUI lawyer to defend in you court and reduce the severity of your charges, contact us today.
