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The severity of imprisonment and fines varies from state to state however hiring the DUI lawyer Hampton VA helps to face the legal problems easily. It is essential to purchase a copy of Drunk Driving Laws: Rules of the Road When Crossing State Lines to confirm the statutory punishment in your jurisdiction. There can be a grave disparity between jurisdictions, so know your rights (and the consequences) in advance. A first offense drunk driving conviction can vary significantly from state to state. Many states have a minimum number of hours in jail and a standard fine. There is also a discretionary range of punishment for the judge to consider, which includes a maximum jail sentence and loftier fine. Some jurisdictions allow the fine to be waived if there is no injury to person or property, or the court can grant a deferred judgment to remove the conviction from the defendant's criminal record. In some jurisdictions there are numerous restrictions when attempting to receive a deferred judgment. For instance, some states law prohibits a deferred judgment or suspended sentence under the following circumstances: BAC.151 or more; chemical test refusal; bodily injury, serious injury or death to others; or a prior drunk driving conviction or deferred judgment. In lieu of a fine, the court can order unpaid community service. If a jail sentence is imposed, the court is often empowered to accommodate the defendant's work schedule, e.g., order work release or allow the sentence to be served on weekends. A substance abuse evaluation is usually required prior to sentencing and the court typically orders the motorist to attend a drunk driving class, while other defendants may be required to participate in a reality-based substance abuse education program. A second offense drunk driving conviction has a longer mandatory jail sentence and higher minimum fine. Some jurisdictions require the jail term to be served on consecutive days unless undue hardship exists. There is also a discretionary range of punishment for the judge to consider with a maximum jail sentence (usually one year) and a significant fine. In some jurisdictions a deferred judgment or suspended sentence is still available. Comparable to a first offense drunk driving, a substance abuse evaluation is usually required, and in lieu of a fine, the court can order unpaid community service. Third or Subsequent Offense, a third or subsequent offense drunk driving usually results in a felony conviction ranging from a minimum sentence (usually 30 days in jail) and fine, to a maximum sentence of imprisonment (approximately two years) and excessive fine. In some jurisdictions, the jail sentence must he served on consecutive days unless the defendant can show undue hardship. In lieu of a fine, the court can order unpaid community service. Usually a substance abuse evaluation is required prior to sentencing and most defendants must undergo appropriate treatment in a residential treatment facility. Make sure to contact the dui lawyer hampton va if anyone is arrested under DUI. It is important to get help and legal support from the DUI attorney when one is arrested under drinking and driving. Reading the reviews provided by the author is one of the best ways to gain necessary information on hampton va dui hearing.
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