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 $250 fine, maximum of $500
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 .20 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, occassionally 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 effective July 2002 that makes a second refusal a misdemeanor.  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 .20, the age of the driver, and if the driver was involved in an accident.

WHAT ABOUT THE LICENSE REVOCATION?

     In addition to the criminal penalties the Department of Highway Safety and Motor Vehicles can suspend your license civilly.  The length of time depends on the number of convictions, whether or not it was a refusal, and the amount of the breath test.  For example, a refusal extends the period of suspension on a first time DUI to one year, and to 18 months if you have ever refused in the past.

     The ticket you receive is good for a temporary 10-day driving permit.  After this 10-day period, there will be a "hard suspension" for an additional 30 days (or for 90 days if this was a refusal).  During this "hard suspension" the driver is not eligible for any type of driving permit.  This period may be altered, however, if a formal hearing is requested.

     With regards to the civil suspension a formal or informal review may be requested.  However, A HEARING CAN BE REQUESTED ONLY WITHIN THE FIRST 10 DAYS FOLLOWING ARREST.

     An informal hearing is conducted by a hearing officer by examining the materials submitted by the law enforcement officer and you.  The officer is not required to attend.  The hearing officer has 21 days to either sustain, amend, or invalidate the license suspension.

     The formal hearing is usually held within 30 days of requesting a hearing by a DHSMV hearing officer.  At this hearing, the hearing officer will be authorized to administer oaths, examine witnesses, take testimony, receive relevant evidence, issue subpoenas, regulate the course and conduct of the hearing, and make a ruling on the suspension.  One is allowed to subpoena witnesses including the arresting officers, however, this may involve the payment of witness fees.  The hearing officer has to make a decision on the suspension within 7 days following the hearing.

     SPECIAL NOTE:  Even if a hearing is requested the driver's license suspension remains in effect pending the outcome of the hearing unless a temporary driving permit is issued.  In other words, Don't Drive!!

     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.

The information you obtain at this site is not, nor is it intended to be, legal advice.  You should consult an attorney for individual advice regarding your own situation.  The hiring of a lawyer is an important decision that should not be based solely on advertising.  Before you decide, ask us to send you free written information about our qualifications and experience.