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Law Office of Jason B. Going Belleville, IL | The Different Types of DUI Charges

Sep 8



When it comes to DUI charges, there are a few different types that you might be faced with. Depending on the state in which you live, the specific charge that you face may vary. However, there are some commonalities among the various types of DUI charges. In this post, we’ll take a look at three of the most common types of DUI charges:driving under the influence of alcohol, driving under the influence of drugs, and driving while impaired.

 

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Driving under the influence of alcohol (DUI):

This is the most common type of DUI charge.

If you are caught driving with a blood alcohol content (BAC) of 0.08% or higher, you can be charged with DUI.

The penalties for a DUI can vary depending on the severity of the offense and whether it is your first offense. However, even a first-time DUI can result in jail time, fines, and the loss of your driver’s license. For repeat offenses, the penalties can be even more severe.

If you are facing a DUI charge, it is important to contact an experienced DUI lawyer who can help you navigate the legal system and fight for your rights.

What Are the Penalties for DUI?

The penalties for a DUI can vary depending on the severity of the offense and whether it is your first offense. However, even a first-time DUI can result in jail time, fines, and the loss of your driver’s license. For repeat offenses, the penalties can be even more severe.

Some of the potential penalties for a DUI include:

  • Jail time
  • Fines
  • Driver’s license suspension or revocation
  • Installation of an ignition interlock device
  • Community service
  • Attendance at a DUI education program

DUI Charges

Driving under the influence of drugs (DUID):

This type of DUI charge applies if you are caught driving while under the influence of drugs, whether those drugs are illegal or prescription medication.

You can also be charged with a DUI if you are caught driving while under the influence of a combination of drugs and alcohol.

A conviction for this type of DUI can result in jail 

To be convicted of a DUI, the prosecution must prove that you were driving while impaired by the drugs or combination of drugs and alcohol in your system.

This can be difficult to do, as there is no set limit for how much drugs or alcohol need to be in your system for you to be considered impaired.

However, if the prosecution can prove that your ability to drive was affected by the substances in your system, then you may be convicted of a DUI.

It is important to speak with an experienced criminal defense attorney who can help you navigate the legal process and fight for your rights.

A conviction for DUI can have serious consequences, so it is important to have someone on your side who knows the law and can help you get the best possible outcome in your case.

Driving while impaired (DWI):

A DWI charge can be given even if your BAC is below 0.08%. If an officer believes that your ability to drive has been impaired by alcohol or drugs, you can be charged with DWI.

There are a few key things to keep in mind if you find yourself facing a DWI charge. First, it is important to know that you have the right to remain silent. Anything you say to the police can and will be used against you in court. Second, it is important to know that you have the right to an attorney. If you cannot afford an attorney, one will be appointed for you. Third, it is important to know that you have the right to a trial by jury. If you are charged with DWI, do not plead guilty – exercise your right to a trial instead.

Facing a DWI charge can be scary, but it is important to remember that you have rights. If you are charged with DWI, contact an experienced attorney as soon as possible. An experienced attorney will be able to protect your rights and help you build a strong defense.

DUI Charges

 

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DUI Charges: Vehicular homicide:

If you cause a fatal car accident while under the influence of alcohol or drugs, you can be charged with vehicular homicide. This crime is also known as vehicular manslaughter, and it involves the death of another person due to negligent or reckless driving. If you’re convicted of vehicular homicide, you could face a prison sentence, fines, and other penalties.

Vehicular homicide is a serious offense, and if you’re charged with it, you should immediately contact a criminal defense attorney. An experienced lawyer can help you understand the charges against you and build a strong defense.

What Is Vehicular Homicide?

Vehicular homicide is a type of homicide that occurs when someone dies as a result of another person’s negligent or reckless driving. The term “vehicular homicide” can be used to describe different offenses, depending on the circumstances of the case.

In some states, vehicular homicide is a crime that can be charged when someone dies as a result of drunk driving. In other states, vehicular homicide laws are broader, and the offense can be charged even if the driver wasn’t under the influence of alcohol or drugs.

Generally, vehicular homicide is classified as a felony offense. This means that if you’re convicted of the crime, you could face a prison sentence. The specific penalties for vehicular homicide will vary from state to state.

DUI Charges

What Are the Elements of Vehicular Homicide?

The elements of vehicular homicide vary from state to state. However, some common elements are typically required for a conviction. Generally, the prosecutor must prove that:

You were driving a vehicle;

You were driving negligently or recklessly; and

Your actions led to the death of another person.

In some states, the prosecutor must also prove that you were under the influence of alcohol or drugs at the time of the accident. However, this isn’t always required. For example, in Colorado, vehicular homicide can be charged as a DUI offense or as a separate offense that doesn’t require proof of intoxication.

What Are Some Defenses to Vehicular Homicide?

Several defenses can be raised in a vehicular homicide case. The specific defenses available will depend on the facts of the case and the applicable laws. Some of the defenses that may be available include:

You weren’t driving negligently or recklessly;

The victim’s death wasn’t caused by your actions;

You didn’t cause the accident; or

The victim’s death was caused by an external factor, such as a medical condition.

If you’re facing vehicular homicide charges, an experienced criminal defense attorney can help you determine which defenses may be available in your case.

DUI with property damage:

If you are involved in a car accident that results in property damage while under the influence of alcohol or drugs, you can be charged with DUI with property damage. The penalties for DUI with property damage are more severe than those for a standard DUI and may include jail time, fines, restitution to victims, and community service. If you have been charged with DUI property damage, it is important to contact an experienced criminal defense attorney who can help you navigate the legal system and protect your rights.

DUI with property damage is a serious offense in Florida. If you are convicted of this crime, you will face harsh penalties that can include jail time, fines, and restitution to victims. You will also likely be required to complete community service hours and attend alcohol education classes. In some cases, your driver’s license may be suspended or revoked. If you have been charged with DUI property damage, it is important to contact an experienced criminal defense attorney who can help you navigate the legal system and protect your rights.

DUI Charges: DUI with injuries:

If you cause a car accident that results in injuries to another person while under the influence of alcohol or drugs, you can be charged with DUI with injuries. A DUI with injuries is a felony offense in most states, and it can result in significant penalties.

Depending on the severity of the offense and whether or not it is a first-time offense, the penalties for a DUI charge can range from a simple fine to jail time. If you have been charged with DUI, it is important to contact an experienced DUI attorney who can help you navigate the legal process and ensure that your rights are protected.

DUI Charges: In Summary:

Goings Law Firm is a personal injury law firm that serves the Columbia, South Carolina area. Our experienced and dedicated team of attorneys is here to help you get the compensation you deserve for your injuries.

We have successfully represented many clients in a variety of personal injury cases, including car accidents, slip, and fall accidents, and more.

If you or a loved one has been injured in an accident, contact Goings Law Firm today for a free consultation.

 

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