by Brigid Bishop

Created on: January 21, 2009   Last Updated: January 31, 2009

DUI/DWI laws and penalties vary from state to state. If you or a loved one have been arrested and charged with a DUI/DWI offense, the very first thing you should do is hire an attorney who specializes in this form of law. A public defender will be assigned if you cannot afford an attorney, however, you will have a much better chance in minimizing your penalty if you hire a private attorney who specializes in DUI/DWI defenses.

When you were arrested, you were most likely transported to an area hospital to have your BAC taken. BAC is your "Blood Alcohol Content". Levels for being charged with a DUI/DWI vary by state, however, your BAC will have a direct effect on the sentence that will be imposed should you be found or plead guilty. Be certain to have a copy of the BAC results with you when you meet with your attorney.

If you refused the BAC test you will be subject to the penalties assigned to the highest BAC content and an additional period of suspension of your driving privileges in most states.

You can search the internet to find a sentencing schedule for DUI/DWI offenses in your state to gain an understanding of the potential penalties you are facing.

Many states offer "ARD", or "Accelerated Rehabilitation Disposition" programs. These programs are the most lenient penalties for the sentencing schedule. Your private attorney will assist you in getting into these programs, whereas, with a public defender, you may not even be advised of the existence of these alternative penalties. Usually ARD programs consist of alcohol education classes, community service assignments and loose supervision by your county probation department in lieu of minimum jail time. To be eligible you will need to be a first time offender, have a clean criminal record, have had the vehicle you were driving insured at the time of the incident, and have caused no property damage or personal injuries during your DUI/DWI incident. Requirements will vary by state, but these are the most common guidelines.

If you are ineligible for ARD, you will be subject to the minimum sentencing requirements of your state. Your private attorney can also assist you in finding alternatives to serving jail time. There are home confinement options available to qualified applicants that your attorney can assist you in successfully applying for. Home confinement or "House Arrest" will require you to be electronically monitored in your home while continuing to work, shop and enjoy the support of your family during this

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