If you’re facing a first DUI offense, the severity of penalties depends on how much alcohol was in your bloodstream – Blood Alcohol Content (BAC) – at the time you were pulled over. The higher the BAC, the more severe the anticipated penalties will be.
If your blood is tested and your BAC measures between .08 and .099%, you can be charged with driving under the influence. If there is no property damage or injury and you’re older than 21 years of age, you will face six months probation, a fine of $300, attend an alcohol highway safety school, complete community service hours, and participate in any alcohol and drug treatments, upon instruction from a judge.
If your BAC is between .10 and .159% and/or there is an accident or injury then penalties include up a 1 year license suspension, six months probation, and a fine of $300.
If your BAC is .16% or higher, or you refuse to take a chemical test or drugs were involved, the penalties include a prison sentence up to six months, license suspension for 12 months and fines up to $5000.
If you refused a chemical or breath test, you will face the highest penalties allowed under the law, as they will presume you were at the highest level even without a BAC.
In addition to hefty fines and jail time, other consequences you may face may include: Difficulty maintaining current employment
Difficulty finding employment
An increase in car insurance rates, or even dropped from your insurance provider
Points on your driver’s license
International travel restrictions
Exorbitant financial expenses
Difficulty maintaining or renewing your driver’s license
Difficulty maintaining, renewing, or acquiring a professional license
Increased health insurance rates
Being permanently listed on your public criminal record
Penalties for First Offense DUI
BAC .08 – .099%:
Up to six months probation
A fine of $300
BAC .10 – .159% and/or an accident or injury involved:
Jail sentence of a minimum of two days to a maximum of six months
Driver’s license suspension for 12 months
Fines between $500 and $5,000
BAC .16% or higher, refusal to take chemical test or drugs involved:
Jail sentence of a minimum of three days to a maximum of six months
Driver’s license suspension for 12 months
Fines between $1,000 and $5,000
Other important information:
If this is your first DUI offense, you may be eligible for Accelerated Rehabilitative Disposition (ARD), which would help you avoid a conviction.
– Attorneys Walmer and Egner