What is a Misdemeanor?
Many DUI cases end with a conviction of a misdemeanor. A misdemeanor is a lesser crime than many other acts, and in general come with much less stringent penalties than other crimes, such as felonies. The punishments for misdemeanors are generally less than one year of incarceration along with a monetary fine.
A first or second time DUI charge is usually considered a misdemeanor. Punishments for first and second time offenders vary, and can include fines, driver’s license suspension, community service, enrollment in drug or alcohol programs, and jail time. However, misdemeanor charges cannot result in more than one year in jail.
First time offenders over the age of 21 with a BAC between .08 and .1 can face punishments including:
- Up to $300 fine
- Driver’s license suspension for up to 6 months
- 60 hours of community service
- Defensive driving programs
- Alcohol treatment programs
- Additional fees
- Up to one year in jail
Second time offenders within 5 years of the first DUI, over the age of 21 and with a BAC between .08 and .1 can face punishments that include:
- Fine of up to $400
- Driver’s license suspension for up to 2 years
- Up to one year in jail
- Alcohol or drug treatment programs
- Installation of an ignition interlock device
A misdemeanor is defined by the maximum amount of time spent in jail, while a felony is defined by the minimum time of incarceration. In other words, most misdemeanor charges result in jail time of less than one year. However, felonies are punished with sentences of more than one year in jail. Multiple time offenders, or offenders with a BAC of over .1, may face more severe charges and penalties, including a felony charge.
Contact Us
If you have been charged with a DUI, you need a qualified drunk driving lawyer to assist you with your case and to help you receive the best possible outcome in court. Contact the offices of Rhode Island DUI defense attorney James Powderly to discuss your situation and your legal options today at 401-662-9006.
