To be subject to criminal penalties in a DUI case, the state prosecutor must satisfy their legal burden. If that happens and the prosecutor obtains a conviction against you, it will be up to a sentencing judge to impose penalties against you. Judges set these penalties within certain state minimums and maximums. Moreover, certain enhancing factors may allow a judge to increase the penalties against you.
Potential penalties for a DUI conviction typically include community service, probation, high monetary fines, and jail time. Guilty drivers may also incur administrative penalties, including monetary fines, driver’s license suspensions, and license revocations.
Common defenses to a criminal DUI charge include:
Invalid traffic stop - A police officer must have at least some degree of reasonable suspicion to pull your vehicle over. They may believe you violated a traffic law, such as by speeding or failing to yield the right-of-way. Alternatively, they may believe that you are under the influence of alcohol if you are weaving in and out of traffic. However, police officers cannot engage in random traffic stops. If the police officer did not have sufficient cause to pull your vehicle over in the first place, you can raise that defense to your DUI charge.
Fifth Amendment violations - If a police officer begins questioning you and you assert your right to counsel, the police officer must stop their questioning. If the officer continues to question you and you say something incriminating, that statement may be subject to suppression if your case later proceeds to trial.