QUESTION
What punishment will I get for a BAC of .15?
Asked on Jul 06th, 2011 on Criminal Law - California
More details to this question:
I received the results for my BAC today and it was .15%. This is my first DUI and I passed all of the field sobriety tests. What sort of punishment can be expected?
30 ANSWERS
Administrative and Public Attorney serving Austin, TX
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The Lee Law Firm
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You need to call a local criminal defense lawyer as soon as possible.
Answered on Jul 11th, 2013 at 9:39 PM
William Guy Pontrello
$1518.00 fine, 1 year probation, 6 months DL suspension, 50 Hours Community service, 10 impound of your vehicle, DUI school, Evaluation for substance abuse and treatment if necessary. 6 months with Ignition Interlock. Plus investigative costs.
Answered on Jul 04th, 2013 at 1:41 AM
Michael J. Breczinski
Up to 90 days in jail and a fine, community service and a suspended license and State responsibility fees.
Answered on Jul 04th, 2013 at 1:33 AM
Criminal Defense Attorney serving Roseville, CA
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Chastaine | Jones
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Depends on the county but you would mostly get that counties standard first offense.
Answered on Jul 04th, 2013 at 1:29 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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This can vary greatly based on your Judge, the Court, your own attorney and the strategy you employ to deal with the case.
Answered on Jul 04th, 2013 at 1:27 AM
Criminal Law Attorney serving Howell, MI
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Law Offices of Jules N. Fiani
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Fines and court costs and probation and alcohol education.
Answered on Jul 04th, 2013 at 12:45 AM
Estate Planning Attorney serving Clinton Township, MI
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Charles Regan Shaw, PLC
Review Secretary of State's "What every driver should know" handbook available on website?
Answered on Jul 04th, 2013 at 12:34 AM
Criminal Defense Attorney serving Oregon City, OR
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Jared Justice, Attorney at Law, P.C.
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This depends on if you are diversion eligible or not. More information is needed to accurately answer your question.
Answered on Jul 04th, 2013 at 12:33 AM
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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That depends on a lot of other factors.
Answered on Jul 04th, 2013 at 12:33 AM
Criminal Attorney serving Bellingham, WA
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Andrew Subin Attorney at Law
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1 day in jail, about $900 in fines.
Answered on Jul 12th, 2011 at 11:31 AM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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Thank you for your inquiry. Your expected result will vary by Court/Judge. In some cases, you will get probation. In some others, you will get jail. In most, probation is expected. You should hire an attorney in the area where you got the ticket to get your best information. I hope that this was helpful.
Answered on Jul 12th, 2011 at 10:16 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Gabriel Dorman
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Having a .15% BAC on a DUI will result in having to attend and complete a 6 month alcohol school as opposed to the 3 month alcohol school. Aside from that, you really shouldn't suffer any additional penalties beyond what is normally involved. In any case, if you are right at .15% BAC, the right lawyer should be able to get you the 3 month alcohol class anyway, especially on a first DUI. I hope this answer was helpful. Good luck.
Answered on Jul 12th, 2011 at 7:21 AM
It is unlikely that if your BAC was .15 that the officer wrote that you "passed the field sobriety tests. You should expect to be charged with BAC violation and impairment DUI. You should also hire a DUI attorney immediately to prepare the best defense possible.
Answered on Jul 11th, 2011 at 4:21 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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Why do you assume you will be punished? Do you have a lawyer? Do you know that people are found guilty with .15 BAC?! If you have a good video, then the State would have to explain to the jury why you could have almost twice the legal limit yet look so good on the video. Hire a lawyer to fight for you (or at least to evaluate your chances for you and work to get you a better deal with the illusion that you could kick their butts in trial.)
Answered on Jul 11th, 2011 at 1:23 PM
Personal Injury Attorney serving New Orleans, LA
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Bloom Legal LLC
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Unfortunately, field sobriety tests are often determined to be inadmissible in court and due to the fact that you have been conclusively proven to be over the legal limit from a breathalyzer test your defense options have been limited. You should consider hiring an experienced DWI attorney in your area to guide you through the coming court proceedings. The potential penalties for first offense DWI in Louisiana are: -Suspension of Driving Privileges for up to 90 Days -Jail time of up to 6 months -Fines of up to $1,000 including court costs A DWI Attorney may be able to help you keep your driving privileges as well as negotiating reduced charges and/or sentences on your behalf to attempt to keep you out of jail and your criminal record clean.
Answered on Jul 11th, 2011 at 9:12 AM
Steven D. Dunnings
Where are you in the criminal process? Have you gone to Court for any hearings yet? There may be a chance of getting the charge reduced if you have not already entered a plea, but you need to see an attorney fast, if you can afford one.
Answered on Jul 08th, 2011 at 4:11 PM
You will most likely be charged with OWI. As a first offender, you will typically receive a term of probation, fines and costs. While on probation, you will have to complete some classes. In addition to the actions taken by the court, the Secretary of State will impose some license restrictions and also impose a driver's responsibility fee. Your insurance company may also take action which could include cancelation and placement of you into the high risk pool. A competent local criminal defense attorney can more fully advise you of the "standard" practices of your local court.
Answered on Jul 08th, 2011 at 3:53 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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It depends on a couple of factors. Your reading is relatively high but less than aggravated DWI and less than the cut-off in some counties for demanding that the defendant plead "as charged" to a DWI. So, you may be offered a DWAI, which is a traffic infraction and not a crime. Assuming that there are no aggravating circumstances such as an accident, injury, property damage, driving wrong way, disrespectful to police, uncooperative, etc. Incidentally, I am very surprised to hear that you "passed" the field sobriety tests. None of my clients ever do. I counsel people to politely decline to take the Field Sobriety Tests. There is no law that says that you have to take them.
Answered on Jul 08th, 2011 at 3:44 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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You really should seek legal counsel and hire a lawyer who specializes in Drunk Driving cases. If you passed the field sobriety tests the only thing between you and a not guilty verdict is admission of the Breath Test (BT) evidence. There may be a way to suppress the BT. If this can be accomplished and you truly passed the Field Sobriety tests, you could be acquitted. If you cannot have the BT evidence suppressed, you can expect anything from a 45 day to a 1 year loss of license and anything from probation and drunk driving classes to a year or more in jail, depending on the judge, jurisdiction and your previous criminal history for all crimes, not just DUIs. With no criminal history, a good local attorney may be able to negotiate the statutory minimum for you, which would be a 45 day loss of license, probation for 1 year, with drunk driving classes, and Continuing your case for one year Without a Finding (CWOF). This outcome provides an opportunity for you to have your charges dismissed after a successful period of probation.
Answered on Jul 08th, 2011 at 1:40 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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If you passed your FST, why would the officer have arrested you?? His report will make interesting reading for you, AND the DA. At that BA you were almost double the legal driving limit, and medically certifiable to be Under the Influence. Any claim you were not impaired will be laughed at by everyone in the court. That BA level generally is close to sloppy, stumbling drunk in most people. That is probably what the police report will describe. Punishment? Lucky for you that you are just under double the limit which imposes mandatory enhanced penalties. The DA will seek and argue them anyway, when you are that close. The DA will likely seek jail, stiff fines, alcohol programs, license suspension, etc. If you have no prior DUIs, then effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail, or at least dramatically reduce it, depending upon all the facts. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction or other decent outcome through plea bargain, or take it to trial. Keep in mind a little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one-year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things, then hire an attorney that does.
Answered on Jul 08th, 2011 at 12:53 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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First offense DUIs are misdemeanors which can be punished with up to 93 days in jail or probation plus fines and costs. It also adds points to your license and you could lose your license or have a restricted license. You could also be ordered by the judge to immobilize your vehicle. All of these are very costly in more ways than one. Seek out an experienced DUI attorney who can first review the police report and lab results for any errors that could get the charges reduced or dismissed. A good DUI attorney is woth the investment.
Answered on Jul 08th, 2011 at 12:38 PM
DUI carries a maximum penalty of 1 year in jail and a $5000 fine. If this is your first offense, and your alcohol level was over a .15 then the mandatory penalty is 2 days in jail, $1121 fine, and 1 year license suspension, and 1 year ignition interlock requirement. However its my experience that with people who have never been in trouble before, and if they weren't involved in a serious car accident, and they don't have any substance abuse issues. Prosecutors tend to be more lenient and a plea deal is possible. If that happens then the DUI charge can be lowered to another offense that doesn't carry all the above penalties. You should probably speak with an experienced DUI Attorney to get a better sense of what options you might have and what to expect.
Answered on Jul 07th, 2011 at 3:32 PM
Personal Injury Attorney serving Covington, KY
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Law Offices of Christopher L. Jackson, LLC
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You are currently facing at least 4 days in jail with a maximum of 30 days in jail. You will need to convince the county attorney to reduce your charge to a regular DUI, rather than an Aggravated DUI to avoid jail time. You will likely need an attorney to help you do this.
Answered on Jul 07th, 2011 at 3:16 PM
DUI & DWI Attorney serving Portland, OR
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Castleberry & Elison, P.C.
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In Oregon, a first time DUII conviction is punishable by up to 1 year in jail and a $6,250 fine. The law requires the judge to impose a mandatory minimum of a $1000 fine and 48 hours jail or 80 hours community service for a first time DUII conviction. Additionally, there is a mandatory one year suspension of your driver's license. However, if this is your first DUI offense, you should be eligible for the diversion program.The diversion program allows first time DUII offenders the opportunity to get their case dismissed upon successful completion of the program requirements. This means that if you complete diversion, you will not have a DUII conviction on your record. In diversion you will be required to do all of the following: 1. Pay all court costs and fees, generally totally about $600 2. Complete an alcohol and drug abuse assessment and evaluation as directed by the court 3. Complete the recommended treatment program 4. Attend a victim impact panel and pay the participation fee. 5. You must not operate a motor vehicle with ANY intoxicant in your blood system or while using intoxicants. Also, if you failed a BAC test, the Oregon Department of Motor Vehicles is attempting to suspend your driver's license for 90 days. This is an administrative proceeding separate from your criminal court case. You only have 10 days to request an administrative hearing to challenge this license suspension or it will go into effect automatically.
Answered on Jul 07th, 2011 at 2:18 PM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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It depends on the outcome of the case and what County you are in. Its a high reading - almost twice the limit. I suggest you retain a good criminal defense lawyer.
Answered on Jul 07th, 2011 at 2:18 PM
If you just go to court by yourself and plead guilty, expect the following: 3 years probation, $1800 in fines, 3 or 6 month alcohol program, 6 months of license suspension, a criminal record, 2 points on your driving record, and possibly installation of IID depending on which county you were arrested in. And by the way, no one ever passes FST's. That's why cops never tell you that it is completely optional.
Answered on Jul 07th, 2011 at 2:17 PM
Kevin Michael Smith
If this is your first OUI arrest, and you have never used the alcohol education program before in this state or any other, then you will have a number of options:have the case dismissed; use the Alcohol Education Program and, if you successfully complete it, get the case dismissed; plead guilty and be subjected to either 48 hours in jail or 100 hours of community service and 18 months probation; or fight the case at trial and win an acquittal, or get convicted and face up to 6 months in jail.
Answered on Jul 07th, 2011 at 2:17 PM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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If you win nothing. A blood test has many components where the evidence can fail. You need to contact a DWI attorney who has special training with blood. If you passed all the FST you would not likely have been arrested and requested to take a blood test, again a good DWI lawyer should be consulted. If you lose in court it depends where you are charged, but the mandatory minimum for a DWI 1st is a 9 month loss of license, with 6 months loss suspended upon taking a class, a $500 fine plus a 24% tax. You have certain rights that begin upon receipt of the blood results, so do not delay, contact a good DWI lawyer. Good luck.
Answered on Jul 07th, 2011 at 2:17 PM
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The funny thing, or not so funny thing, is that every client thinks they passed the field sobriety tests. The punishments for a first-time DUI with a .15 BAC include a license suspension from 7 months to 1 year, a fine, placement of an ignition interlock device on your car, referral to the intoxicated driver resource center, community service and other monetary penalties. Jail time is an option, though rarely imposed on a first offense. Without knowing any of the facts of the case, you may have defenses available to you based on the police conduct or improper blood/breath testing, but you will need to retain an attorney to know that.
Answered on Jul 07th, 2011 at 2:13 PM
Before you worry about punishments you should retain an attorney to review your police report and deal with DMV. You only have 10 days from arrest report this to DMV and request an APS hearing.
Answered on Jul 07th, 2011 at 2:13 PM