Types of DUI Charges
Charges of driving under the influence (DUI) or driving while intoxicated (DWI) are in no way limited to the act of driving a car while impaired by alcohol. There are a host of factors that can affect the outcome of your case, including past criminal convictions and a variety of circumstantial variables. For example, commercial truck drivers must abide by much tighter regulations than other drivers. And not even bike riders are immune to the charge of DUI.
First Offense DUI or DUI
You drank too much and you got pulled over. This is a serious charge that can cost you dearly in terms of expense, driving freedoms, and more; but this is the simplest form of the charge, and most states classify it as a misdemeanor.
If you were also engaged in another crime, such as speeding, when you were pulled over for a DUI, you can be charged with an aggravated DUI. Enhanced penalties accompany this charge.
A felony DUI charge can be brought when there are additional complicating factors at play that elevate the DUI charge to the level of felony. There are several aggravating factors that can increase the charge to felony DUI:
- Having a blood alcohol concentration (BAC) that is elevated far past the current legal limit of .08 percent (often .16 percent is the cutoff limit);
- Causing bodily harm to another;
- Having prior convictions;
- Having a child or children in the vehicle; or
- Driving on a restricted, suspended, or revoked license.
Commercial-truck drivers are held too much stricter driving-under-the-influence standards for obvious reasons. For commercial drivers, most states have adopted a .04 BAC limit – half the limit employed for noncommercial drivers – and most include the stipulation that commercial drivers cannot operate a commercial vehicle within four hours of ingesting alcohol. The sentencing for a commercial DUI often results in longer license suspensions and stiffer sentencing in general.
Operating any vehicle while under the influence can lead to a DUI, and riding your bike is no exception. Although states vary on their interpretations of DUI as it applies to bike riding, it’s important to remember that operating any vehicle or machinery while under the influence can be extremely dangerous and is not worth the risk.
If you or someone you care about is facing a DUI charge, the stakes are too high not to seek the immediate legal counsel of an experienced attorney skilled in defending DUI/DWI cases.
Contact an Experienced New Jersey DUI Attorney Today
When faced with a DUI, the right lawyer can make all the difference, and John C. Iannelli, Esq. not only has 23 years of experience but also has the skills and DUI expertise to fight for your rights and for the best outcome for your case. Call our office at 215-545-2880 to schedule a free consultation.