Factors That Affect DUI Conviction Rates

DUI fatalities are a serious problem in the United States, claiming on average more than 42,000 lives each year and resulting in up to 37% of all auto-accident related deaths. While DUI is an important problem, DUI conviction rates vary tremendously based on a variety of factors.

The most important of these factors include whether or not a breathalyzer test was performed, and what the outcome was; whether the subject passed a field sobriety test; which judge is assigned to a case; and quality of legal representation.

The following is an analysis of how these factors affect DUI conviction rates.

1. Breathalyzer Tests

It turns out that in almost one out of four cases, a breathalyzer test will yield a result that is significantly higher than a far more accurate blood alcohol test. Because breathalyzer test results are so variable, they can result in the conviction of an innocent person for driving under the influence. This is why some people refuse breathalyzer tests altogether when stopped for suspected DUI. If the field sobriety test does not indicate impairment, but breathalyzer results indicate a blood alcohol level over the legal limit, it's important to seek the help of a qualified attorney to avoid wrongful conviction.

2. Field Sobriety Tests

People who fail field sobriety tests face very high DUI conviction rates. Some typical field sobriety tests include standing on one foot for up to 30 seconds; walking heel-to-toe in a straight line, and a horizontal gaze test, which involves following a pen light with the eyes. In some cases, people with specific illnesses, disabilities, or impairments may fail these tests, even when not under the influence.

3. "Lenient" vs. "Strict" Judges

Some judges are more lenient than others when it comes to DUI conviction rates. Lenient judges tend to err on the side of caution in order to avoid convicting an innocent person of DUI, whereas strict judges crack down on everyone, regardless of the strength or merits of the evidence. These judges are hypersensitive to the dangers of DUI, without due regard for the impartiality required in assessing the facts of a particular case.

4. Competent Legal Representation

In addition to a particular judge's approach to DUI cases, the skill and knowledge of a lawyer are crucially important. A lawyer should know the ins and outs of the different evidentiary rules and procedures, which tests are more likely to yield false results, and other mitigating factors.

What Does This Mean for DUI Defendants?

These factors make it nearly impossible to apply any sort of "average" conviction rate to a particular person's circumstance. There are simply too many variables that affect a particular person's chances of being convicted. In all cases though, knowing your rights and obtaining competent representation are the best ways to avoid having your permanent record marred by a DUI conviction.

Without a competent representative to speak on your behalf regarding potentially biasing factors, your chances for being convicted of DUI are far greater. A skilled attorney can consider each of these factors and make the best case to a judge to avoid a DUI conviction.

Florida DUI Convictions

Punishment and convictions for a Florida Driving Under Influence of alcohol (DUI) arrest are serious and far-reaching. They include fines, jail, and administrative license suspension sentence from court. Florida department of highway safety and motor vehicles (FDHSMV) may impose restrictions that may include license suspensions separately, and other than those imposed by court. Person charged with DUI in Florida may hire the services of an efficient attorney to minimize punishments and convictions.

Penalties for a first DUI offence may include probation ranging from 3 to 5 years, a fine that may go up to $1000, or a 6 month loss of Florida driver license. A court may also ask an offender to attend DUI schooling for a period ranging from 12 hours to 45 days. Apart from this, a mandatory jail sentence may be imposed, which may vary from a couple of days to a period of 9 months. In some instances, it is possible to have this sentence converted to work service.

Penalties for a second DUI offense may include a probation period ranging from 3 to 5 years, a fine that may go up to $2000, or a 5 year revocation of a person's driving license. An 18-month compulsory DUI program may also be imposed. On the occurrence of a second offence a mandatory 96-hour jail term is sentenced which may extend to 12 months.

On being charged for a third time with a DUI offense a 3 to 5 years of court or formal probation may be awarded. The amount of fine charged may range from $1000 to $2500. Being charged a third time might also lead to a loss of license for a minimum period of 10 years. Compulsory attendance to a DUI school 18 months may also be imposed. The above-mentioned penalties may be combined with a jail term of not more than 12 months.

A fourth offense is generally considered a felony DUI. Punishment for the same includes a jail term for not more than five years, permanent termination of license and more. On being charged with DUI it is advisable that a person seeks assistance of a professional attorney having adequate amount of defense expertise to deal with the case.

Common Misconceptions of a DUI Conviction

The consequences of a DUI conviction are often misunderstood. The court penalties vary from state to state but generally include one or more of: driver's license suspension, fines, enrollment in an educational course, and community service. Beyond these initial penalties, however, a DUI also goes on your publicly accessible records. If you have recently been charged with a DUI, you may want to talk to a DUI defense lawyer about your defense options to avoid a recorded conviction.

Record of Your DUI

There are many misconceptions surrounding where your DUI is recorded and how long it stays on record. Here is some basic information about DUI charges and your record to help you sort fact from fiction:

* A DUI appears on your driving record with the DMV.
* A DUI is a crime and therefore appears on your criminal record.
* Criminal and driving records are public and can be accessed by others, including potential employers and schools.
* A DUI charge does not disappear after a certain number of years. It stays on your criminal and driving records indefinitely, unless you have it expunged.
* Insurance companies will likely raise your insurance rates or drop your coverage if you have a DUI on your driving record.

Consulting with a Lawyer

A DUI charge can negatively affect you long after you have been convicted and completed your court sentence. If you have been arrested for a DUI, you should know that it is not guaranteed that you will be convicted. A DUI defense lawyer can defend you against DUI charges in a court of law by looking for weaknesses in the evidence against you and aggressively fighting against overzealous prosecution.