What should I expect if charged with a DUI and a BAC of .22?

Question

I am being charged with drunk driving and my BAC was .22. I am also being fined for not having my headlights on while driving. I have never been pulled over or gotten a ticket before, or in trouble with the law in any way and have no record. I was wondering what I should expect to happen regarding fines and penalties, classes I might also have to take, I already have a court date and am told I have to get fingerprinted.

Geoffrey MacLaren Yaryan · Answer

A fine, 9 month alcohol school, probation and possibly some jail time   depending on what court you are in.

Thomas Tomko · Answer

In Michigan, you could be charged with Michigan's "Super Drunk" law, which is for first offenders whose BAC is .17 or greater.  This law has greater penalties than the OWI statute.  You may visit my website  to see the penalties for OWI.  The fines, penalties, and any jail time will vary by Court.  Therefore, you should have an attorney represent you and discuss what to expect in your particular Court.  The maximum for OWI is 93 days in jail, and I believe that for OWI Super Drunk it is up to 6 months in jail.  You may contact my office to discuss representation.  I hope this was helpful.

Howard Collins · Answer

You may be eligible for a DUII diversion.  You will face alcohol evaluations and treatment depending on the evaluator's recommendation.  There will be fines as well.  A diversion allows you to keep your license and keeps you out of jail.  It is an expensive first bite of the apple but the diversion has benefits.  The second bite hurts a lot more.  The no headlights charge is a simple traffic infraction that probably led to the officer pulling you over in the first place.  An infraction is a fine only; no jail time.  You might benefit from a lawyer.  A .22 is bad and the diversion will probably be the route you may choose to go, but it never hurts to pay to have a lawyer review the police reports and help you through the process.

Seth Bloom · Answer

You should certainly consider hiring a DWI attorney as soon as possible.  In Louisiana you only have 15 days from the date of your arrest to contest the suspension of your driver's license - something that will occur automatically if you do not take any action.  In addition to driver's license suspension you could face jail time of up to 6 months and fines of up to $1,000. It may be possible to negotiate a deferred and/or suspended sentence if you are convicted in return for alcohol and drug counseling, probation, ignition interlock, etc.  If you are convicted this will affect your criminal record as well as add points against your driver's license which will affect your insurance rates.  The best option is to try to avoid a conviction at all costs which is something that you will most likely need an attorney to assist you with.

Jules N. Fiani · Answer

What county is this in? Different counties would treat this matter differently. With a .22 BAC, you will likely be charged with the new Super-Drunk law. You need to call an experienced attorney such as myself.....visit my website for more information regarding how to obtain an experienced, knowledgeable attorney with great reviews.

Michael Lynch · Answer

You need to hire a Lawyer.  The maximum sentence for a first offense DUI  under Vehicle Code section 23152, is Six months in County Jail.  You  could also receive a two day enhancement for being over 0.15 BAC, as  well as having the Court demand that you install an Ignition Interlock  device for being over 0.20 BAC.  In addition to dealing with the Court,  you have to deal with DMV as well.  You only have ten days in which to  demand an APS hearing with DMV.  Call an Attorney.

Thomas Mueller · Answer

The normal penalty in Santa Clara County is:  -3 years court probation  -A fine of about $1900  -10 days Weekend Work Program  -A 9 month counseling program  It is a good idea to consult with an attorney to avoid a more serious penalty.  For more info or a fee quote call.

Andrew Subin · Answer

.22 is a very high BAC level.  It will raise a red flag for judge and probation.  You should talk to a lawyer about a deferred prosecution.  You should also talk to a lawyer about getting an alcohol evaluation as soon as possible.  If convicted of the DUI, you will face fines and probation (probably to include alcohol treatment).

Theodore W. Robinson · Answer

First, you should immediately hire the best criminal defense lawyer you can  find. With a .22 reading, the DA could charge you with an aggravated DWI charge  and that could go a lot worse for you than an ordinary DWI. However, if all  goes well, and depending upon which county the case is pending in, you may get  by with simple Probation and a fine and revocation of your license. Anything  better than that will depend upon the county your case is pending in and who you  get as a DA.  Hire an attorney right away.  Good luck.

Michael Nichols · Answer

That is a high BAC. It may not result in jail time depending on the judge and your entire record but it will likely result in stiff probation and license sanctions.

Jack Berner · Answer

If you reside in Western Washington, feel free to call me to schedule a free initial consultation-either in person or by phone-about your case a.s.a.p.  Depending on your prior record, you could be facing serious jail time and other consequences.  Regardless, you're facing a gross misdemeanor conviction, extended probation and associated fees, SR-22 insurance requirement, Ignition Interlock requirement, fines, and jail time.

Michael Palumbo · Answer

The fact that you have never been pulled over before is irrelevant. You are charged with aggravated DWI, which is a very serious crime and carries with it a mandatory sentence of 3 years of "DWI probation," which is worse than being sentenced to jail. You are in serious trouble with these charges, however  there is a good chance our office can get the charges reduced or dismissed so that you can get on with your life. Call us at the below number toll free for a no cost, no obligation phone consultation.

Martin Blank · Answer

Of course you should quickly hire an attorney.  You can expect fines and costs from $750 to $1500 depending on the venue.  You should also expect to be required to attend alcohol and driving education courses or therapy, a victims impact panel, to be ordered to perform community service or a small amount of jail time.  First offenders rarely see jail time, but some judge's do mete it out.  Jail time will be more likely with a .22 BAC.  If you are convicted under the new super drunk law, you will lose your license of one year suspended, the first 45 with no right to drive and the remaining time with restrictions.

Craig Elhart · Answer

Because your BAC was 0.17 or greater, you can be charged under the new "super drunk" law.  If convicted under the super drunk law you would be required to attend one year of alcohol rehabilitation.  In addition your driver's license would be suspended for one year.  The first 45 days would be what's called a hard suspension, no driving.  After 45 days, you would be eligible for a restricted license to allow you to drive to and from work and at other allowable times.  However, to get a restricted license, you would need to install and pay for a breath alcohol ignition interlock device on your car.  Fines would range from not less than $200 or more than $700 plus court costs and possible jail for not more than 180 days.  In addition you will have driver responsibility fees due the Secretary of State and your insurance costs will substantially increase.    

This may be a case where you initially plead not guilty and hope the prosecutor will offer a plea to a reduced charge of OWI without the enhancements of the super drunk law.  Such a plea agreement would be made at the pre-trial.  For more information, contact us.

Leonard Harden · Answer

You should contact a DWI lawyer who has specialized training in the type of testing that you submitted to be it breath or blood.  The tests frequently have serious errors involved which means the test may be excluded.  In terms of consequences, you are likely facing an aggravated DWI which carries mandatory jail of 3 days and a 7 day program to follow.  The fact that you have no prior is of no concern to the court system, the mandatory minimum will be applied.  The first court date is likely an arraignment which is where you either plead guilty of not guilty.

Jeff Yeh · Answer

If you don't do anything to minimize the consequences, expect the following:   A fine of $390 to $1000 with penalty assessment (multiplied by approximately 3-4 times), up to 6 months in jail, and attendance in a 9 month alcohol program. As a result of the court conviction, the DMV will suspend your license for 10 months, depending on the alcohol program ordered, but a restricted license may be requested. Additionally, you will receive 2 points on your driving record. And rememebr that the DMV will go after your license separately.   Consider talking to a DUI specialist to explore some alternatives to pleading guilty without a fight. A lot of times the evidence that will save the day for you have nothing to do with your BAC, but rather strategy, maneuvering the system...etc.

Stephanie Hartung · Answer

The mandatory minimum penalties for DUI in Washington State where the BAC was over .15 is: 2 days in jail, $1121.00 fine, 1 year license suspension, followed by 1 year ignition interlock device requirement, 3 years of SR-22 insurance, alcohol evaluation and any recommended treatment, attendance at a DUI victim's impact panel, and 5 years of probation. There are two components to a DUI charge. The criminal component which is the court process and the civil component which is the Department of Licensing Hearing (DOL). The DOL has the right to suspend your license for 90 days regardless of what the court does and they will do so automatically 60 days after the date of arrest unless you request a DOL hearing within 20 days of the date of arrest. The hearing is a telephone hearing and it is recommended that you have an attorney represent you at the hearing. The DUI process is a very complicated process with many requirements. It is advisable you seek legal counsel to protect your rights. I provide free consultations if you would like any further information.

Eric Chandler · Answer

Expect no deals.  Unless there are serious problems with law enforcement stopping of your vehicle, or the State has witness problems, your attorney will have a difficult time negotiating a reduction in the charge.  Call a lawyer.

Philip Hache · Answer

Depending on the circumstances, a first offense DUI can get up to 6 months in jail, a fine up to $1,000 plus penalty assessments, and up to a 9 month alcohol program, as well as other penalties.  Since your past record is clear, that should help mitigate the consequences.  The .22 BAC is high, and will be what is called an "enhancement" to the DUI charge.  Were you pulled over only for the Headlights off issue?  The consequences for this can be much less than the max numbers listed above.  I would recommend consulting an attorney to discuss your case in further detail.  Feel free to contact me for a free consultation if you would like.

Jared Austin · Answer

If it is your first offense, you will charged as a first offense drunk driving. However, the BAC of .22 qualifies as "super drunk" under Michigan's new law that went into effect last Halloween. That increases the possible punishment and for all intents and purposes, a first offense will be treated like a second offense. You are facing up to 180 days in jail, $700 in fines, possible driver's license suspension up to one year, possible vehicle immobilization, participation in alcohol treatment, as well as other fines and higher insurance premiums. It is important that you seek out an experienced DUI attorney even for your first offense. Only a trained eye can evaluate police reports and lab results carefully for errors that could get your charges dismissed or reduced. The cost of an attorney will more than pay for himself in what he can save you in terms of fines, costs, insurance, license suspensions, and driver's responsibility fees. Keep in mind that most first offenders will be sentenced to some form of probation, but jail is still a possibility.

Timothy Klisz · Answer

You are charged with the new super drunk driving law. This is a serious case and you should seek advice and representation of a local DUI attorney. I would be happy to discuss the matter with you.

Russell West · Answer

With a BAC of .22 you are looking at some pretty severe consequences. In WA state you will lose your license for 1 year, $1,120 fine, 2 days in jail, plus probation and alcohol evaluation.  You may be able to get a plea bargain to reduce the charge to less than a DUI and reduce the mandatory sentence to 1 day jail, $865 fine, 90 day license suspension, and probation. Possible to better than this but with a .22 BAC the prosecution will be less likely to deal too much.  In WA State there is a deferred prosecution program which will defer the sentencing date for 5 years.  You need to complete a rigorous program and stay out of trouble.  If successful the DUI will be dismissed after 5 years. Typically I don't recommend doing this program on your first DUI.

Lawrence Wolf · Answer

Give us a call so I can explain all your options.

Joseph Dane · Answer

You should expect to face misdemeanor DUI charges with an enhancement that your blood alcohol level was over .20%.  Typically, on a first offense, there is no jail time (beyond what you already served when arrested), but that depends on the facts of the case.  The blood alcohol level (if they don't drop it) will require a longer alcohol program (9 months instead of 3).  The standard fines and fees add up to around $1,900, plus the cost of the alcohol program.  If this is a recent arrest, before just giving up and asking about punishment, it's always worth it to discuss the case with a criminal defense attorney.  There may be issues or defenses you're not aware of.  You also only have 10 days from your arrest to contact the DMV to set up a hearing to contest the suspension of your license.  Talk to a local criminal defense attorney.

Christopher McCann · Answer

In California, you can expect misdemeanor charges, and an offer that will likely include 3 years of summary probation, a fine totaling approximately $1,800, and a 9 month alcohol program. Some jurisdictions might want a short stint in jail possibly, but not usually for first time offenders without an accident. You license will be suspended for 9 months from a court conviction. In 4 counties, Los Angeles, Tulare, Alameda and Sacramento, you'll also have to install an Ignition Interlock Device on your car for 6 months.

Eric Rothstein · Answer

It depends on what county your were arrested in and of you have priors.  You will likely be offered only a plea to the charge because the BAC is so high - almost 4 times the legal limit.  The DA may seek jail.  I suggest you get a good lawyer. I am a former federal and state prosecutor and now handle criminal defense including DWI. Feel free to check out my web site and contact me.

Eric Schurman · Answer

It's very important that you hire an attorney who is experienced in  handling these types of cases.  I would be happy to discuss your case  anytime.

Kevin O'Grady · Answer

Whenever you are charged with a crime, especially if the crime involves a complicated issue, like DUI, you should hire an experienced criminal defense attorney as quickly as possible.  In a DUI case there are short timelines within which certain events happen.  If the officer seized your license he will submit a report and your license will likely be revoked.  You have a short time to challenge that decision.  The range of penalties involved with a criminal charge, including a DUI, vary according to the specific charges and the facts of the case.  Your best option is to quickly hire a criminal defense attorney.

Terry Nelson · Answer

What should I expect?   A motivated DA intending to convict.  Upon conviction, penalties include jail, fines, probation, programs, license suspension, etc.   No attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, reports, testimony, priors history, etc.  However, 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.  If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.  Ill be happy to help use whatever defenses there may be.

Ardalon Fakhimi · Answer

You should consult an experienced DUI lawyer before making any final decisions regarding your case.  It is important to schedule your DMV hearing within 10 days of your arrest.  You have to be cautious as a .22 BAC will have an enhancement for high blood alcohol concentration.  The headlight violation is not a major concern, but the DUI case should be thoroughly evaluated for possible defenses.

Brandon Moffitt · Answer

Depends on your jurisdiction. 1st offense usually does not carry actual jail time. You should contact a local attorney to give you advice about your jurisdiction.

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What should I expect if charged with a DUI and a BAC of .22?

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