There are many circumstances that might result in the state charging motorists with driving under the influence (DUI) offenses. Some people face charges because of poor driving capabilities or collisions that they cause. Others are at risk of prosecution after they fail chemical tests.
Many drivers choose to plead guilty right away to pending DUI charges. They hope for a faster criminal court process and the possibility of limited consequences. What they may not realize is that a guilty plea now might increase their chances of facing a felony DUI charge in the future.
Repeat offenses lead to harsher charges
The penalties that the state can impose for a DUI increase with each subsequent DUI conviction. Most motorists facing first-time DUI allegations face misdemeanor charges that lead to up to 120 days without driving privileges, $500 in fines and 30 days in state custody.
After a second offense, drivers can lose their licenses for up to 18 months. The maximum fine remains the same, but the maximum jail sentence increases to six months. A third DUI becomes a higher-class misdemeanor offense. The defendant is at risk of up to 12 months in jail, $1,000 in fines and up to 36 months without a driver’s license. Each guilty plea moves that driver closer to a felony charge.
DUI offenses have relatively high rates of recidivism. People who like to drink may not stop enjoying alcohol just because of a single criminal charge. They are vulnerable to escalating penalties for each subsequent charge.
After a fourth DUI offense within 10 years, a motorist is at risk of a felony DUI charge. The criminal record that results is more serious, and the penalties increase as well. A felony DUI can result in up to $10,000 in fines and as long as five years in jail. Drivers typically have to serve a five-year or 60-month license suspension without the option of requesting a hardship license.
Unless motorists address the habits that lead to DUI charges, they are at risk of getting arrested again after a guilty plea. Pleading guilty to earlier charges might ultimately mean that a motorist is at risk of felony DUI charges after too many encounters with law enforcement.
Obviously, those facing felony charges may want to respond assertively. Even those accused of a first or second misdemeanor DUI may want to consider their options. Fighting upcoming DUI charges can help people avoid escalating charges and penalties. Drivers may have a variety of defense options available to them depending on the circumstances of their arrest.