QUESTION
What punishments will my friend face for a DUI?
Asked on Sep 23rd, 2011 on Criminal Law - Texas
More details to this question:
Will he do jail time? Approximately how much will be the fine? What's the maximum fine for a DUI? Approximately how many months will they give him for AA classes? If he doesn't have anything on his record. Not even a ticket. And it's his first offense? And he pleas guilty.
27 ANSWERS
Criminal Defense Attorney serving Irvine, CA
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Todd A. Landgren A Professional Law Corporation
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All depends on blood alcohol level and which judge, too many possibilities without knowing many more details.
Answered on Jun 24th, 2013 at 12:22 AM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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A DWI conviction can have serious repercussions on your life.
Answered on Jun 19th, 2013 at 9:15 PM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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Fines, court costs, probation.
Answered on Jun 19th, 2013 at 9:06 PM
Jacob P. Sartz
I would recommend retaining an attorney for this matter. This response does not contain specific legal advice. If you need specific legal advice, you should consult with an attorney. If she cannot afford an attorney, the court may appoint her one at the public’s expense. She is presumed innocent until proven guilty beyond a reasonable doubt. Only if a person is ultimately convicted or if they plead guilty will they be sentenced. OUI convictions stay on a person’s record for a very long time. Further, as misdemeanors, sentences may include up to 93 days in jail, probation up to two years, restrictions and/or suspension or revocation of a person's license privileges, fines, costs, community service, or other sanctions at the discretion of the court. Spending money or requesting a court-appointed attorney is a good investment given the potential costs for a conviction.
Answered on Oct 24th, 2011 at 6:14 PM
Criminal Trial Attorney serving San Jose, CA
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Law Office of Thomas F. Mueller
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Ther fine is about $1900. He will be allowed to do community service work in lieu of jail. He will be ordered to attend at least 12 sessions of DUI counseling and will have a 4 month license suspension.
Answered on Sep 28th, 2011 at 1:43 PM
Personal Injury Attorney serving Las Vegas, NV
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Boley & Aldabbagh Ltd.
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If your friend is not represented by counsel, his punishments can range widely, up to the following: DUI school/victim impact panel (paid for by defendant). Up to 6 months in jail or 96 hours of community service wearing distinctive garb that identifies the person as a drunk driver. Up to $1,000 fine. Attend alcohol abuse treatment program (if BAC was .18 or more). Suspension of driver license for 90 days If your friend hires an attorney to represent him, the usual "worst case" scenario is: DUI school/victim impact panel (paid for by defendant) A $400-580 fine Credit for time served (no jail time or community service) Attend alcohol abuse treatment program (if BAC .18 or greater) Suspension of driver license for 90 days (45 days with hardship license) - Plus, a good attorney will scrutinize the details of your case to determine if various factors could result in a complete dismissal of all charges, or a reduction of the charges to "reckless driving". There are countless ways to beat DUI's. For example, if the police had no probable cause to stop a driver in the first place, or if a mistake was made in obtaining a reading of the drivers blood alcohol content. Sometimes a mistake as simple as an arresting officer failing to document the breathalyzer device number can lead to a complete dismissal of all charges. Your friend should seek a consultation with a knowledgeable attorney to discuss his case.
Answered on Sep 28th, 2011 at 5:20 AM
Usually about 48 hours of public service, 48 hours of therapy and alcohol classes, 2 years probation and about $1,000 in fines plus a $50 per month probation supervision fee.
Answered on Sep 27th, 2011 at 8:25 PM
FIRST OFFENSE DUI PROBATION: 3-to-5 Years Informal Probation . JAIL: 48-hours and up to 6 months jail time may be imposed. COURT FINES: Minimum $390.00 fine to maximum of $1000.00 after adding penalty assessments and miscellaneous court fees, results in a total amount approximately $1400.00-to-$1800.00. DUI SCHOOL: Attendance at First Offender Program (FOP) Required BAC = .153-mont FOP, BAC .15 to .196-month FOP and BAC = .209-month FOP COURT MAY ORDER: The vehicle impounded for up to 30-days if owned by defendant Ignition Interlock Device (IID) for up to 3-years.
Answered on Sep 27th, 2011 at 7:40 PM
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The penalty for a first offense DUI is up to a year in jail and/or a $5000 fine. There are mandatory fines and penalties as well. They can include jail, fines, loss of license, mandatory alcohol treatment, license suspension and ignition interlock. Your friend should not plead guilty but rather should immediately contact an attorney.
Answered on Sep 27th, 2011 at 5:57 PM
Criminal Defense Attorney serving Charlotte, NC
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Olsinski Injury, Family and Criminal Lawyers
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First, you should never just plead guilty to a DWI without proper legal counsel. In many circumstances there are issues to fight, regardless of the intoxication level. On a first offense the punishment is laid out in 20-179 of the statute with all the maximums. Realistically, depending on your county, most people do not end up serving any active time for their first offense if there were no grossly aggravating factors. With fines and court costs I would prepare for around $500 and some community service. As for AA, your friend would have to take an alcohol assessment which his lawyer would direct him to do and the results of the test will dictate how many hours of class he has to take. I strongly advise you to consult an attorney in your area, DWI's are serious and there are many advantages to hiring an attorney to represent you on one.
Answered on Sep 27th, 2011 at 5:51 PM
Criminal Attorney serving Santa Barbara, CA
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Law Office of Kenneth M. Hallum
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Depending on the county, 2 days jail or alternative like community service, $2000-$2500 fines, 3-4 years probation, and a DUI class. Some counties require AA or other 12-step programs.
Answered on Sep 27th, 2011 at 4:54 PM
Criminal Defense Attorney serving Santa Rosa, CA
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Law Offices of Peter A. Duarte
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Punishment for a first offense DUI would be the following: 3 to 5 years summary probation, 2 days to 6 month jail, fine of approximately $1,800 to $2,500, 3 to 9 month DUI school depending on the facts of the case. If the blood alcohol level is high, then the court may impose AA meetings.
Answered on Sep 27th, 2011 at 4:53 PM
Upon a finding of guilt, your friend will have to undergo an alcohol assessment. The ultimate punishment will depend on the outcome of the assessment. The minimum fine is $100 and the maximum is $500. The court can and will assess court costs as well and there may be probation oversight fees and other fees. The Secretary of State will require payment of a driver's responsibility fee. Typically, the total cost of fines, costs and other fees is in the range of $6,000 to $8,000. Your insurance company may also take action against your car insurance policy.
Answered on Sep 27th, 2011 at 4:42 PM
First, don't assume that your friend will get any punishments. The case could be dismissed or he could be found not guilty.
Answered on Sep 27th, 2011 at 4:18 PM
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Mandatory Sentence: Under 66-8-102(E), the sentence for a first conviction for DWI must include the following, none of which may be suspended, deferred or taken under advisement: 24 hours of community service. DWI schoola driver rehabilitation program for alcohol or drugs approved by the Traffic Safety Bureau of the State Department of Transportation. Alcohol or drug abuse screening program approved by the Department of Finance and Administration. An ignition interlock drivers license must be obtained and an ignition interlock device must be installed and operating on all motor vehicles driven by the offender for one year. Unless it is determined that the offender is indigent, the offender must pay all costs associated with having the ignition interlock device installed on the appropriate motor vehicles. 66-8-102(N). Discretionary Sentence: Under 66-8-102(E), the sentence for a first conviction for DWI may include the following: Imprisonment up to 90 days total. Fine up to $500. Additional hours (no limit) of community service for DWI arrests. Costs of any court-ordered screening and treatment programs. 66-8-102(R). Additional Considerations. Any time spent in jail for the offense prior to conviction must be credited to any term of imprisonment imposed by the court. 66-8-102(E). If the defendant fails to complete any court-ordered community service, screening program, treatment program or DWI school, or fails to comply with any other condition of probation, within the time specified by the court, the defendant must be sentenced to at least 48 additional consecutive hours in jail. Any such jail time shall not be suspended, deferred or taken under advisement. 66-8-102(E). If the sentence is partially or fully suspended or deferred, the period of probation may extend beyond 90 days up to one year.
Answered on Sep 27th, 2011 at 12:15 PM
3-5 years of probation, up to 6 months in county jail, installation of IID, completion of a 3,6, or 9 month alcohol class (this is not AAs), 2 points on driving record, around $1800 in fines (not including the fees for IID, classes...etc.)
Answered on Sep 27th, 2011 at 12:08 PM
Daniel Kieth Martin
For a first offense DUI in California most people do not do any additional jail time other than the time they spent when they were first arrested. The fines are about $1800, the more expensive portion of a DUI is the increased insurance premiums. The classes are once a week for four months.
Answered on Sep 27th, 2011 at 12:05 PM
Michael J. Breczinski
He DOES NOT WANT TO PLEAD GUILTY. Even if he is guilty one does not plead that right off the bat. An attorney should be able to get a better deal. You lose all your bargaining power if you plead guilty right away. Usually they will offer something so that they do not have to try the case.
Answered on Sep 27th, 2011 at 11:59 AM
There is some difference depending on the court and prosecutor, but the statute requires 48 hours of jail to be served altogether, the fine can be up to $2500, but usually runs about $1800.Most judges give three to four months to complete an evaluation and then the required counseling.His license will be suspended for 90 days, and he will likely be on probation for at least a year.
Answered on Sep 27th, 2011 at 11:53 AM
Bankruptcy Attorney serving Huntington Beach, CA
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The English Law Firm
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He may or may not do jail time. Often, the specific punishment varies based on the county of the offense. Some first offenders get probation with no jail and some may serve some small jail time. He would also have a significant fine totaling $1500 or more with penalty assessments. He will have to complete a first offender alcohol program. These range from about 3 months to 9 months or so depending on the BAC and other factors.
Answered on Sep 27th, 2011 at 11:49 AM
Criminal Law Attorney serving Costa Mesa, CA
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Ferrentino & Associates
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Usually a first time DUI requires 3 years informal probation, fines and fees of approximately $2000 and an alcohol school from 3 months to 9 months depending on the blood alcohol level. Some courts also require a MADD panel and/or AA meetings. The court general lets defendants make payments and gives about one month to enroll in the alcohol program.
Answered on Sep 27th, 2011 at 11:44 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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It depends on the jurisdiction. In Los Angeles, he can expect 1,800 in fines, the 3, 6 or 9 month class depending on his BAC, IID conditions and 3 year summary probation.
Answered on Sep 27th, 2011 at 11:32 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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DWI or DUI? Probably DWI - anyone over 21 who blew a .08 or higher, or an adult. He could get up to 6 months in jail (up to 1 year if he blew .15 or higher), and up to a $2,000 fine (or $4,000 fine.) He needs to hire a good lawyer. It is possible that he can beat the case and get nothing. He needs representation before the 15th day after his arrest so the lawyer can request a hearing on his administrative license revocation matter.
Answered on Sep 27th, 2011 at 11:26 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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You have asked an awful lot for an email response, but I'll give you an overview. By DUI I'm going to assume that you mean a plain vanilla DWI. For a plain vanilla DWI the penalties are a fine up to $1,000.00, a $460.00 surcharge, a one year Conditional Discharge, license revoked for six months and installation of an alcohol sensing ignition interlock usually for one year. Also attendance may be required at a Mothers Against Drunk Driving Victim Impact Panel ($50.00) and one must usually complete the DMV Drinking Driving Program ($300.00). There is also a $750.00 DMV Driver Safety Assessment and there are costs for all medical evaluation and treatment that may be required.
Answered on Sep 27th, 2011 at 11:20 AM
Criminal Defense Attorney serving Summit, NJ
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Stephen P. Dempsey Counselor at Law
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It depends on the violation. Did you take the Alcotest? what was his BAL- over .1? did he refuse? Generally he is looking at 3-7 mos. suspension; fines in excess of $500; $1000 surcharge for 3 years and 12 hours IRDC .
Answered on Sep 27th, 2011 at 11:19 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Prior criminal history has no bearing. A DUI is punishable what is classified as a gross misdemeanor, punishable by up to a YEAR IN JAIL AND A $5,000.00 FINE. There is a mandatory minimum jail time of at least 1 day, possibly more depending upon the facts of the case (even for a 1st time offense, if found guilty). If you plead guilty, the judge will sentence you to the maximum jail time and fine, but then suspend all jail time and fines, except for the mandatory minimum, which would be 1 day in jail and about $1200.00 in fines and costs. The balance of the jail time and fines would be suspended for a 5 year period of time (probation) condition upon no future law violations and that you comply fully with court mandates, including but not necessarily limited to having an alcohol/drug evaluation and follow any recommended treatment (which could be as much as a 2 year treatment program, for which you would be responsible for the costs of treatment). The court may impose other requirements as well. In addition thereto, you will loose your license for at least 90 days (however you may be eligible for an occupational permit after a 30 day suspension). Depending upon the level of the breath test, the judge might require an interlock to me installed on your car after the suspension. This is a device in which you will be required to blow into every time before you start your car. If there is any alcohol present in your system, the car will not start. Add to this is the issue of insurance. With a DUI conviction, your insurance company may well require high risk insurance (commonly referred to as SR22). This insurance can be expensive (about 150% of regular premiums). Bottom line: there is a lot at stake -even for a first time DUI. Consult with and, preferably retain legal counsel.
Answered on Sep 27th, 2011 at 11:19 AM
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Check out my page for all these questions. www.dwimark.com You need a quality DWI attorney though. Because you could face, jail, fines, and loss of license.
Answered on Sep 27th, 2011 at 10:55 AM