We will consider the case of an individual who has no prior convictions of any kind and who took the breath test with a reading over .08 but under .15, Generally speaking, this individual is looking at a myriad of DUI penalties that will include the following:
(1) at least a day in jail, with 363 days in jail “suspended;”
(2) a fine somewhere around $1000, with the maximum fine being $5000;
(3) license suspension of at least 90 days;
(4) ignition interlock for one year;
(5) probation for up to five years;
(6) an alcohol evaluation and follow-up that ranges from a Saturday “educational class” to two years of serious alcohol treatment.
This is the mandatory minimum for an individual with no prior DUI offenses. A judge always has discretion to impose more than the mandatory minimum if the judge believes that this is warranted under the particular facts of the case. There are always steps that can be taken to minimize the risk of an excessive sentence and a good lawyer will do everything possible to win the case while at the same time protecting the client by insuring all proper steps have been taken to effectively present the positive side of the client’s case in the event there is a sentencing.
Jail sentences become much stiffer in the case of a second or third offense DUI conviction. Thirty to one hundred-twenty days in jail is a mandatory minimum, depending upon the driver’s record. Each such sentence also includes lengthy electronic home monitoring and quite lengthy license suspensions. Moreover, in the case of second or third offense DUI convictions it is not uncommon for judges to impose quite harsh sentences. Any person charged with DUI should take steps to obtain the best representation he or she can, since the laws are complex and harsh. At the end of this paragraph there is a link to a handy DUI penalty chart. Bear in mind that not all DUI penalties are included in this article or in the chart. There are so many variables that only the basics are discussed. Here is the handy DUI Penalty Chart.
Questions? Call Jon Fox at (425) 274-9190.