DUI / DWI Offenses
Driving while intoxicated (DWI) and driving under influence (DUI) are criminal offenses that can create a wealth of burdensome legal consequences for the offenders. In the United States, drivers who operate their vehicles after consuming alcohol or intoxicating drugs can be charged with misdemeanor DUI, felony DWI or vehicular manslaughter. While each state has different rules regarding DUI charges and consequences, jurisdictions across the United States make it a crime to operate a vehicle if one's blood alcohol content is 0.08 percent or higher. In some states, drivers can be charged with DUI if their blood alcohol content is 0.05 percent and even lower. Because of the variance in DUI laws and the complexity of most DUI cases, it is recommended that people charged with DUI / DWI contact an experienced DWI lawyer. If you have been charged with DUI, find a DUI lawyer today.
DUI: Aggravating and Mitigating Circumstances
After a driver has been arrested for driving under influence, the prosecutors evaluate the circumstances of the offense and select the proper DUI charge. Some of the factors involved in the DWI offense are mitigating circumstances – they lessen the offender's culpability and point toward a lesser charge. Another type of factors prosecution considers are aggravating factors – circumstances that "make the offense worse" and point toward a greater charge. Depending on the balance of the factors, the intoxicated driver might face a misdemeanor, felony or vehicular manslaughter charges arising from the drunk driving incident.
Mitigating Circumstances – Misdemeanor DUI
Some of the more important factors that lessen the culpability of an intoxicated driver are a relatively low blood alcohol content level and the first DUI offense. If the driver is an exemplary citizen who has been pulled over on a Friday night with a blood alcohol content level of 0.08 percent, he or she might be charged with a misdemeanor DUI. This is the lesser DUI charge that results in temporary suspension of the driver's license and a fine. Sometimes, the judge also requires mandatory alcohol and driving counseling. Generally, intoxicated drivers who have not caused harm to other people and do not have previous DUI convictions are charged with misdemeanor DUI.
Aggravating Circumstances – Felony DWI
Drivers who have violated the DUI laws in the past, attempt to resist DUI arrest, and/or have caused car accidents might be charged with a more serious DUI offense, felony DUI. The most common situation of a felony DUI charge is an auto accident caused by a drunk driver where someone has been injured. If the intoxicated driver is convicted of DUI / DWI, he or she might face a range of major consequences: suspension or revocation of a driver's license, large fines, impoundment of the vehicle, and jail or prison time.
An intoxicated driver who has caused an auto accident might also be sued by the injured victims. This civil action is often referred to as a car accident lawsuit. The goal of the lawsuit is to compel the responsible driver to compensate the injured party for the physical and psychological damages caused by the accident. Depending on the type of accident, the victim might seek and obtain restitution for expenses incurred while treating burn injuries, broken bones, spinal cord injury and/or traumatic brain injury. Because of the complexity of most car accident lawsuits, victims often seek help of skilled personal injury attorneys. These lawyers have special training in the field of vehicular personal injury and can represent victims' legal interests effectively and efficiently.
Vehicular Manslaughter
The most serious type of a DUI-related offense is vehicular manslaughter. This crime is committed when a drunk driver causes an accident, as a result of which someone dies. A vehicular manslaughter conviction carries a mandatory jail or prison sentence, and the driver might be also required to surrender the car or equip it with a specialized ignition interlock device.
An intoxicated driver who has caused the death of someone might also be sued by the victim's family. This legal action is referred to as a wrongful death lawsuit. The surviving family members usually retain an experienced, tactful wrongful death lawyer to help them successfully navigate the complexities of filing and completing the lawsuit.