Misdemeanor DUI

Conviction for driving under the influence generally results in a misdemeanor charge and a criminal record. Misdemeanor DUI is considered a minor offense, although penalties for any type of DUI, even first time DUI, can be severe. Misdemeanors may also be divided into additional classes. For example in Texas, Misdemeanors can be C, B, or A class. Punishment for each misdemeanor class can vary. For example, a driver who is arrested for their first offense of drunk driving, evading arrest, possession of marijuana or driving with a suspended license will be charged with a B class Misdemeanor and can expect to spend up to 180 days in the County Jail and pay fines up to $2,000.

States prosecutors must prove several elements of a DUI charge to win a DUI conviction including:

• The driver was in fact driving the vehicle as defined in the state's statutes
• The driver was driving on a public area or highway
• The law enforcement officer has probable cause to stop the driver
• There is evidence that the driver was impaired by either alcohol or drugs at the time of the arrest or the driver's blood alcohol concentration level was 0.08% as confirmed by a blood alcohol concentration test