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Auto Insurance Laws: Can DUI Misdemeanor Leads To Felony?

DUI can be simply defined as driving a car after ingesting alcohol or any controlled intoxicating drug. The set limit for blood alcohol concentration when it comes to DUIs is different for each state but most have it at 0.08 percent. The consequences of being arrested with a blood alcohol level exceeding the one set by the state are dire and vary from state to state. The common thing is that the Auto Insurance Laws in all states vehemently outlaw intoxicated driving. Driving Under the influence in most states is viewed as a misdemeanor but it can also be classified as a felony. The definition of a felony according to the federal law is any offense that can result in someone being arrested for more than a year or that is punishable by death. A misdemeanor on the other hand is an offense that is punishable by an incarceration of one year at the most.

Whenever an offense moves from being a misdemeanor to a felony, there must be serious allegations to confront. According to the Auto Insurance Laws, a DUI can only move from a misdemeanor to a felony if it is a repeat offence or if there was a severe physical injury or death that occurred as a result of an accident caused by a drunken driver. This is a very serious crime and most states do not take this lightly. An individual can easily be charged with reckless homicide which carries a very severe sentence.

Reckless homicide means that the individual driving the vehicle caused someone to lose their life as a result of them being careless on the road. The difference between a DUI being classified as a misdemeanor or a felony varies from state to state.  States like New York take DUIs very seriously and may classify a DUI as a felony if the offender has a second conviction on the same crime. On the other hand, in more lenient states like Georgia, a DUI is classified as a felony if the offender has a fourth conviction of a DUI. These laws may be different but they still preach the same virtues of no tolerance to DUIs.

It is important to know what different states classify as a misdemeanor or felony when it comes to DUIs. In states like Arizona and Arkansas, a DUI becomes a felony when the offender commits a third and fourth DUI offense when there are children under the age of 15 in the vehicle and is involved in an accident. In California and Colorado anyone committing a DUI for a third time will be charged with a DUI Felony on the fourth arrest in a span of ten consecutive years. In addition to this anyone who causes physical injury or death as a result of a DUI accident will also be charged with a DUI Felony.

More information on the other states is available online. To know more about them, enter your area Zip to see what your state has to say about DUI misdemeanors and felonies.

How A DUI Charge Can Be Demolished As Stated By The DMV

In some states, the law recognizes the Expungement Law when it comes to DUI charges. Also known as the sealing law, it specifically refers to completely obliterating a conviction from someone’s criminal history. The DMV recognizes this in some states and in some states, it does not. Most people desire to have their DUI convictions expunged usually have a job on the line in relation to this. Most employers require a background check to be done prior to them employing someone. More and more companies require this to be done even if the job the applicants are applying for do not involve driving. If you want a DUI conviction removed from your driving history you must hire a qualified DUI attorney.

AutoInsuranceWhenever one is applying for a job, they are required to fill out a questionnaire about ones past. Once your slate is wiped clean, you will not be required to answer yes under the question of if you have ever been convicted of a crime.  However, the expungement law has its limits. If by chance you are lucky and have your initial DUI charge obliterated from your driving history, a repeat of the crime will be arraigned in court as a second offense. This means that all the penalties and punishments accorded to a repeat offender will be passed on to you despite your previous crime being expunged. A qualified DUI attorney will advise you on this when taking up your case for expungement of your DUI.

Expungement Law does not provide for the complete removal of your DUI from your driving history. Other branches of the law like courts and law enforcement officers can still access these records but any other entity like a potential employer, may not be able to. In essence, the DUI record is actually sealed from the public and not deleted completely. Not all states have the Expungement law, but this is not to say that the states that do are in any way lenient when it comes to DUIs. It is only to assist in background checks.

Anyone looking to have their DUI record expunged, they must first check to see if their state allows for it in the first place.  States that provide for Expungement Law have different statutes concerning the law. They also have different statutes on who is eligible for expungement and who is not.  A DUI charge hangs over your head for a long time however much you may try to correct your life after that. In order to be eligible for expungement, you must meet a certain set of conditions which can only be explained well by a qualified DUI attorney. DUI expungement will only benefit someone if his or her reputation is on the line as a result of the DUI conviction.

If you are in a situation that calls for your DUI conviction to be erased from your driving history, enter your Zip code at the start of the page and we can tell you if your state recognizes the Expungement Law.

Ways To Deal With First Time DUI Offence According To Auto Insurance Laws In America

Auto Insurance Laws dictate that once you are arrested on suspicion of DWI or DUI, your driver’s license is immediately suspended. The length of the suspension of your license is left to the courts to decide after weighing the circumstances surrounding your arrest. Whether you are a first time offender or not, there are no special privileges accorded to first time offenders. Such strict measures are put in place to permanently deter first time offenders from repeating the DUI felonies again. In most states, the law clearly states that an intoxicated person is one whose blood alcohol concentration is above the limit set by the state or someone who has little or no control over their mental senses as a result of consumption of alcohol or any controlled substances. Each state has its own set limit according to its law when it comes to blood alcohol concentration and DUIs.

The discretion of whether to stop a driver for DUI or not is left to the judgment of the police officer in the field. Before stopping you to investigate for drunken driving, the police officer has to make a judgment call on whether you are driving recklessly or not. Once the officer stops you, he or she will have to collect sufficient evidence from you to prove that you were driving under the influence of alcohol or drugs. The evidence collected includes breath, blood samples as well as physical tests to gauge your level of intoxication. During commission of these tests, the police officer’s car has a dashboard camera that records you going through the drills that they have suggested and can be presented in court as additional evidence. In some cases, the individual may be too intoxicated to perform these physical tests. If this is the case, the officer will testify as to why they were unable to run the physical tests in the field and must have the footage from his car to prove so.

On conviction of DWI or DUI, depending on the gravity of the offence, you may be put under probation or may have to serve a jail term according to your charges. Auto Insurance Laws in America basically state that first time offenders can be put under probation for 2 years plus additional fines and fees may be attached to it. As stated earlier, each state has its own laws regarding DUIs. The difference comes in when it is sentencing time. In some states, first time offenders may walk away with a slap on the wrist or a small fine while stricter states may decide to make an example out of you. Despite the court mandated fines and penalties, you will also have to pay for your legal fees plus the additional premiums that will be added to your auto insurance policy after you are done with the case.

Once you have been arrested once for this offence, it sets a bad image for you to your insurer and it will take a while for you to go back to your previous premiums. For more information about car insurance policy, all you need to do is enter your Zip above and we will get you the information you need.

Dealing With A DUI Charge According To Auto Insurance Laws

If you are a driver and you love to drink, you may have been charged with a DUI and if not, you may have heard or known someone who has. If this has never happened to you then you are lucky but just because you`ve had a lucky streak does not mean that you should repeat the misdemeanor. However, some people may have been arrested on a drunken driving charge when they were young. Auto Insurance Laws in the United States are very clear in stating that the events culminating to your arrest states whether your charge will be a felony or a misdemeanor. A DUI charge can take many forms and has different levels of indictment. For this reason, once charged with the offence, it is advisable to get yourself a lawyer who is well versed in dealing with such cases. Auto Insurance Laws are very strict on DUIs and lawyers to deal with such cases do not come cheap. The expense of the court case is one among the many expenses that a DUI offender has to deal with.

To know more on dealing with DUI and DUI offences according to Auto Insurance Laws, enter your area Zip at the start of this page.Once you cause an accident due to your drunken driving that caused a fatality or permanent injury, you will be haunted for the rest of your life. These are among the consequences that the DUI convict deals with personally, regret. In essence, a DUI accident has consequences to the drunken driver, the victim and the victim’s loved ones. Living with such psychological torture can have far reaching consequences and have in some cases pushed the individual to depression or even further into alcoholism. In addition to this, DUI and DWI convictions are heavily frowned upon in society. Therefore, a suspect will not only have to deal with himself and the family of his victim but the society as a whole. Due to the efforts of the private organizations to discourage these crimes, such an individual may find it hard to get a job or even lose or get demoted from the one they already have.