(Whiteside, IL) – December 21st, 2016 – According to the official website for the Illinois Secretary of State over 38,000 are arrested annually for driving under the influence in this mid-west state.
Getting a jail sentence for a DUI charge can lead to serious consequences that can take a toll on one’s finances, career, and social life as well. Your chances of going to jail for a first-time DUI, depends on the state from where you are taken into custody, but time in jail is a real possibility if you are in for a second, third, or fourth DUI.
Punishment for crimes differs from one state to another and even from one county to another, in some cases. In states where judges have leeway in sentencing, several personal elements also can come into play. What is misdemeanor and jail time in one state can be a suspended sentence in another. Therefore, it is always prudent to be aware of the driving laws of your state.
According to marvelous DUI lawyers in Whiteside, IL who can be found on USAttorneys.com which is the top site for linking people with the type of lawyers they need, several states now mandate a few days of compulsory prison time for all first-time offenders. For example, in Illinois, first time offenders can face up to 1 year in jail. Apart from regional court policies, there are factors that can influence whether you receive jail time or a suspended sentence for a first offense.
This includes your level of impairment, being a minor, aggravating factors such as speeding, distracted driving, or if you refuse to submit to a drug or blood alcohol content or BAC test.
Sometimes even without any of these factors present you are likely to face jail time for subsequent offenses. In some states the status of your crime may be a misdemeanor for the first DUI and felony for the second and third DUI, which places your violation in an extremely serious category. In many states, a third/fourth DUI conviction can result in around three months of jail time.
Illinois DUI attorneys explain that when a person operates a motor vehicle negligently, which results in the death of someone, a vehicular homicide charge is most likely. Some states do not have vehicular homicide in their list of crimes, but only manslaughter or murder. Several states have vehicular homicide codes of their own that increase penalties when the driver is intoxicated.
Generally, the prosecutor handling a vehicular manslaughter case has to prove only one thing, which is that the driver breached some law, either a misdemeanor violation or a felony, and that violation caused the death. In short, even if you happen to commit a relatively negligible misdemeanor infraction, you might be found guilty of vehicular homicide.
For the most part, vehicular homicide regulations do not require intent to cause death as they remain dependent on the principle of negligence or gross negligence, as that death occurred due to the reckless disregard for the safety of people.
As we have seen, sentences for vehicular manslaughter and homicide can vary, and the less shocking the circumstances or the violation, the more the chances of the defendant serving a jail time of less than one year, or sometimes just a suspended sentence. DUI laws are complex indeed, and are all the more reason why you should hire an Illinois DUI lawyer to protect your rights.
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