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DWI / DUI Penalties Punishable by Jail

Each state has different levels set for the legal limit of intoxication. In most states, it ranges from .08 - .11 BAC or blood alcohol content. This means, that if a person is picked up and the officer suspects that they have been drinking, they may subject them to a Breathalyzer test. This test requires the person to blow into a device, and it records the level of alcohol. If the person blows over the legal limit, they may and usually are arrested.

The punishment that the individual receives depends on the level of intoxication. Once that is determined through field sobriety tests and a Breathalyzer, the person is usually taken back to the police station and booked. In some states, the person will be placed in jail until bond is paid, in others it depends on the level of the BAC test to determine if the person will be allowed to leave, or if they must stay in jail until they see the judge to set bail.

Bail is a determined amount of money usually set by the judge that allows the person to be released from jail, pending a court date. If the person is able to pay the bail, they can be released until they are set to appear in court. After court, they may be required to sit in jail for an amount of time. Some states also require that in order to be released on bail, the individual have to be monitored either through the use of a monitoring device, or house arrest. The amount of bail that is set varies greatly from state to state, and each individual case. If the person has prior offenses on his or her record, especially previous drunk driving offenses, the bail could be set very high. In some cases, the person will have to put up collateral with a bail bonds company in order to meet the bail amount.

The penalties that are assessed to the individual are determined by the state, and the prior offenses of the person. If a person has had previous drunk driving offenses, they are likely going to have to suffer more severe punishments. Often, this will involve 30 days in jail, 40-60 days on house arrest, and the loss of driving privileges for a period of 6 months up to 2-3 years. That is enough to deter some people from taking the chances of drinking and driving. Some people however, feel that they are not that drunk, or that they can make it without getting caught. Because of the level of crime, some states are making it very painful to get drunken driving offenses.

In some states, if the person has a BAC level of over .20, they are actually automatically sent to jail and possibly will have their vehicle seized. The county holds the seized vehicles in an impound lot until they are ready to be sold at auction. If the person still owes money on the car to a bank, that debt will have to be settled by the sale of the car and the responsibility of the person.

Some people underestimate the legal issues and penalties of drunken driving offenses. If you talk to anyone who has been charged with drunken driving charges, it can be a very difficult and lengthy process to get through. To most people, the jail time and house arrest are only part of the battle. The loss of driving privileges is often one of the biggest deterrents.

There is usually a period of time after the drunken driving offenses occur that the person has to stay out of trouble, and if they fail to do that, they can be sentenced to more time in jail and more court fees. Next time that you think you may be able to drive, think again and ask yourself if it is worth taking the chances.

If you have ever been arrested for a drunk driving offense, or other related alcohol offense, you are probably all too aware of how hefty the fines, fees and penalties are. States are really taking drunk driving seriously, and imposing tougher laws and more penalties. Each state has its own laws regarding drunk driving, and they can vary greatly. There are various degrees of drunken driving penalties, depending upon the situation, the amount of alcohol in the blood and the prior record of the individual. Start by getting a Lawyer / Defense Attorney to handle you case.