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DUI Penalties 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.
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