How is the sentencing for DUI offenses determined?
Sentencing for driving under the influence (DUI) is largely based on two factors. The first factor is your blood alcohol concentration (BAC). A police officer is easily able to determine your BAC using a breathalyzer test. The second factor is whether this is a first time or repeat offense.
What are the penalties prescribed by the sentencing guidelines for a first-time offense?
The penalties for even a first time DUI offense are severe and can result in significant restrictions on your liberty. For a first time offense, if your BAC is 0.10% or greater there are mandatory penalties including:
- Incarceration for up to 30 days
- Loss of license for seven months to one year
- Twelve to forty-eight hours in an Intoxicated Driver Resource Center.
Additionally, numerous fines and surcharges are mandatory. These include:
- For three years a $1000 per a year surcharge
- $300 to $500 fine,
- $230 fee to attend an Intoxicated Driver Resource Center,
- $100 to the drunk driving fund,
- $100 to the Alcohol Education and rehabilitation Fund
- $75 to the Neighborhood services Fund.
If your BAC was greater than 0.15% all of the above apply plus an ignition interlock device will be installed in your vehicle for the duration of your license suspension and for 6 months to one year following its restoration.
A BAC more than .08% and lesser than 0.10% results in nearly identical penalties to those for a BAC of 0.10% or greater but require a 3 month license suspension instead of a seven month to one year suspension.
What are the penalties for repeated convictions?
There are increasingly severe penalties for second and 3rd time offenses. A second offense will result in even more sever penalties, fines and restrictions. For a second offense withing ten years of the first offense you can be sentenced to:
- Forty-eight hours to ninety days in jail
- Two year suspension on driving privileges
- Thirty days community service
- Twelve to forty-eight hours in an Intoxicated Driver Resource Center.
- An ignition interlock device will be installed in your vehicle for the duration of your license suspension and for one to three years following its restoration.
What other related offenses are there?
Driving while serving a DUI suspension will result in the loss of license for an additional one to two years, a $500 fine, a $250 per a year surcharge for three years, and a prison term of ten to ninety days.
If you have been arrested and charged with driving under the influence
I invite you to contact me today. Being charged with driving under the influence is a serious charge and the penalties can be steep. Remember, there are defenses available to you. As a former Prosecutor in Municipal Court and now an experienced criminal defense attorney, I can put my 20 years of experiences prosecuting and defending DUI charges to work in providing you the best possible defense. Call me today for a free, initial consultation.
