The following is a summary of the general penalties applicable to DUI cases.  The exact penalty applicable to your case may vary depending upon the facts of your case, how high your blood alcohol level was, whether there was an accident, or additional charges.  To determine the specific penalty applicable to your case please consult the Law Offices at 1-800-644-8363.  The following penalty summary does not apply to felony DUI cases, DUI cases resulting in a person being injured, or DUIs committed by commercial drivers while conducting work related driving. 

First Offense DUI Penalties:

• Approximately $2,800 in court fines.

• 48 hours jail or 5 days work release is the typical custody penalty.  However, the maximum custody time that can be imposed for a first time DUI is six months.  If an accident was involved or your blood alcohol level was high, i.e., .20% or greater, the court may impose custody time above 48 hours.

• Alcohol school: 3 months of classes totaling 30 hours or longer.  If your blood alcohol level was .15% or greater, 9 months of alcohol school classes is required.  (The locations of the various alcohol schools can be found on our main web page by clicking on the blue box to the left entitled "Alcohol School Locations.") 

•  5 month license restriction to and from work, work related, and to and from alcohol school.  (This restriction begins on the date of sentencing and is in addition to whatever suspension and/or restriction imposed by the DMV.)

• May impound car up to 6 months if owned by defendant.  (It is unlikely this would be ordered in most cases.)

• The installation of an ignition interlock may be ordered.  (It is unlikely this would be ordered unless your blood alcohol level was .15% or greater.) 

• If there was a passenger under 14-years old in the car, and additional 48 hours jail may be ordered.

• Three to five years probation.  (Probation is granted in almost all first offense DUI cases.  Where probation is not granted, between 96 hours and 6 months jail must be imposed along with a 6 month license suspension.  If a suspension is imposed, your license will not be returned until you complete alcohol school.)

• As a condition of probation, the court will typically order that you not drive a motor vehicle with any amount of alcohol in your system, and that you submit to a chemical test if requested by an officer.

• In addition to the above imposed court penalties, if you were .08% or greater at the time of driving, DMV will seek to suspend your license for up to four months.  If it is alleged that you refused to voluntarily provide a chemical test, DMV will seek to suspend your license for one year.  To fight the DMV suspension, you or your attorney must request a DMV hearing within ten days of the date of your arrest.  If you were under 21 at the time of your arrest and had a blood alcohol level of .01% or greater, DMV will seek to suspend your license for one year.         

Second Offense DUI Penalties:   (Any DUI offense that occurred within ten years of a prior DUI offense is considered a second offense DUI.  Effective January 1, 2005, the "window period" for a prior DUI conviction was expanded from seven years to ten years.)

• Approximately $2,800 in court fines.

• 96 hours to 1 year in jail, 18 month long alcohol school and 18 month license restriction to and from work, work related, to and from alcohol school  OR 10 days to 1 year in jail with a two year license suspension with restriction eligibility after 1 year.  (The locations of the various alcohol schools can be found on our main web page by clicking on the blue box to the left entitled "Alcohol School Locations.")   

•  If there was a passenger under 14-years old in the car, and additional 10 days jail may be ordered.

• An ignition interlock device must be installed on your vehicle(s) if you opt for a court imposed restricted license.  In its discretion, the court can order the ignition interlock for up to 3 years.

• If the prior DUI was within five years of the new offense, your vehicle must be impounded from 1 to 30 days unless it is in the "interests of justice" not to do so.

• Five years probation.  (Probation is granted in almost all second time DUI cases.  Where probation is not granted, between 90 days to one year jail must be imposed along with a 2 year license suspension  with restriction eligibility after 1 year.)

• As a condition of probation, the court will typically order that you abstain from drinking alcohol, not drive a motor vehicle with any amount of alcohol in your system, and that you submit to a chemical test if requested by an officer.

• In addition to the above imposed court penalties, if you were .08% or greater at the time of driving, DMV will seek to suspend your license for one year.  If it is alleged that you refused to voluntarily give a chemical test, DMV will seek to suspend your license for two years.  To fight the DMV suspension, you or your attorney must request a DMV hearing within ten days of the date of your arrest.   If you were under 21 at the time of your arrest and had a blood alcohol level of .01% or greater, DMV will seek to suspend your license for two years.

Third or More Offense DUI Penalties:

Due to the range of penalties for DUIs with two or more prior convictions, call our office to discuss potential penalties.