WHAT DO I DO IF I'M CHARGED WITH A DUI

First of all don't panic because the penalties or punishment depends on several variables. These include whether or not you have been convicted previously and the circumstances surrounding your arrest.

For a first offense some of the mandatory and maximum penalties include:

• Mandatory $500 fine, maximum of $1000
• Mandatory 50 hours of community service
• Mandatory DUI school
• Mandatory Substance Abuse Evaluation and any follow-up treatment
• Mandatory 6 months license revocation, up to one year
• Mandatory Probation up to one year
• Maximum of 6 months in jail
• Immobilization for 10 days of the vehicle that was driven by the person who is convicted, unless the court finds that the immobilization would impose a hardship
• 6 month ignition interlock device if over .15 blows or a minor is in the vehicle.

For a Second offense, the fine amounts can double. However, if the second conviction is within five years of the last conviction, the license is revoked for 5 years and 10 days jail minimum with a 9 month maximum. Further, the immobilization increase to 30 days.

For a Third offense outside of 10 years, the fines and penalties again increase with a maximum sentence of one year in jail. HOWEVER, if any of the prior 2 convictions is within the last 10 years, then the charge becomes a felony and the offender is subject to the Sentencing Guidelines. Further, there is also a mandatory 30-day minimum jail sentence and 10 year license suspension.

A Fourth offense is a Felony, however, occasionally the prosecutor decides not to prosecute it as a felony for various reasons. A Felony then subjects the Defendant to Sentencing Guidelines.

There is also a law where if you refuse a breath or urine test after refusing a breath or urine test anytime in the past, then you could be charged with a second degree misdemeanor in additon to the underlying DUI.  Therefore, a person can now be arrested solely on the basis of refusing to offer a blood or breath test. It should be noted that the law has yet to be truly be tested in the courts, but as it stands just remember that a refusal can now subject you to criminal sanctions.

Additionally, after July 1, 2003, if the court orders an ignition interlock device on your vehicle, you may not get (or keep) a license until that is installed. They are discretionary with the judge on some first time DUIs, but there is a one-year minimum time of having this installed on your vehicle for a 2nd DUI, and a two-year minimum if it is a 3rd conviction.

The above represents mandatory penalties. The court may impose additional penalties if there are aggravating circumstances. This includes among other things, the blood alcohol content if over a .15, the age of the driver, and if the driver was involved in an accident.

Why is it necessary to have an attorney in light of this information? First of all this information is not all inclusive. Next, there are many things that can be brought to the prosecutor's attention that may either mitigate the charge or cause it to be dismissed altogether. Every case is different and an attorney can help you get through this tough time and achieve a result that is in your best interest.