DUI Subtypes: Why Every Case Is Different

Law Blog

All DUI (driving under the influence) charges are not equal; there are various subtypes, and they all carry different penalties and consequences. That is why you need to know which DUI subtype you are facing if you have been arrested for a DUI. Here are some of the common DUI subtypes:

Misdemeanor DUI

A misdemeanor DUI is the lowest form of DUI that you can be charged with. All states will charge you with a misdemeanor DUI if it is your first offense, but there may also be different conditions to satisfy depending on your state's laws. For example, a misdemeanor DUI usually requires that you didn't cause an accident where anyone was hurt, or you didn't have a minor in the car at the time of your arrest. This is also the DUI that attracts some of the lowest penalties, such as community service, so it's advantageous to have your case downgraded from other types of DUIs to a misdemeanor DUI.

Aggravated DUI

An aggravated DUI is an upgrade of a misdemeanor DUI, so it obviously carries harsher penalties than a misdemeanor DUI. This is the charge you are likely to face if there are circumstances surrounding your drunk driving that make it more dangerous than a "normal" DUI. For example, you may be charged with aggravated DUI if your blood alcohol content (BAC) was way over the legal limit, which means you were more impaired (and therefore a more dangerous driver) than another motorist with a lower BAC. Other factors that may raise your DUI charges to the aggravated level include having a minor in the car, driving over the speed limit or driving with a suspended license.

DUI Manslaughter

Just like the name suggests, a DUI manslaughter charge applies if your drunk driving results in the death of another person. For example, you can be charged with a DUI manslaughter if you ran a red light and killed a pedestrian due to your drunk driving. Any criminal charge that involves murder is a very grave charge, and the sooner you involve a DUI attorney, the better it will be for you.

Commercial DUI

Commercial drivers are held to higher standards than private drivers when it comes to a DUI. For example, while ordinary drivers are charged with a DUI if their BAC exceeds 0.8, the legal BAC limit for commercial drivers may be as low as 0.4 depending on the state. The penalties or consequences for a DUI are also graver for commercial drivers than private drivers; you may even be banned from ever driving a commercial vehicle.


16 January 2018

How to Gain Guardianship Over a Child

The laws governing child custody and guardianship can be confusing. As a family attorney, I have helped many clients gain legal guardianship over a foster child or a relative's child. Getting legal guardianship of a child you are caring for is important because you need to be able to make decisions about that child's education, health care and other matters. This blog will help you navigate the world of legal guardianship and show you how to take steps to get guardianship over a child whether the child's parents are cooperative or not. Legal guardianship does matter even if a child is not going to be adopted. I hope to help people find the way to get this done.