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I was really curious how the court treats BAC results when deciding your fate in court. My brother-in-law just got a DUI and blew a .09. Legal limit, at least to my understanding is .08. Will the judge go easier on him than he would someone who blew something crazy like a .20?
12 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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BAC levels do play a part plea bargaining and in the actual sentencing. Depending on the jurisdiction, judge and D.A., a good attorney can sometime have a DUI charged reduced to a "wet" of "dry" reckless with a BAC of .09 or sometimes even a .10. When you get to BAC level of .15 and above, you are dealing with excessive levels which call for enhancements in the sentencing, such as, longer jail sentences, longer license suspensions, longer DUI programs, etc. The judge usually goes by the law and what sentence is required as a result of a plea or guilty verdict after a trial. A good attorney, besides being able to have some charges reduced, can sometimes also have the enhancements eliminated during plea bargaining so as to get a more favorable sentence. If your attorney and D.A. can agree on a plea and sentence, the judge usually will follow was agreed on in the plea bargain.
Answered on Dec 28th, 2012 at 3:34 PM
FIRST OFFENSE DUI (NO PRIORS WITHIN 10-YEARS) 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.
Note, however that the $390.00 minimum fine, after adding penalty assessments and miscellaneous court fees, results in a total amount due of approximately $1400.00-to-$1800.00. DUI SCHOOL: Attendance at First Offender Program (FOP) Required.
BAC = .15 3-month FOP. BAC .15 to .19: 6-month FOP/ BAC = .20: 9-month FOP COURT MAY ALSO ORDER: Impound Vehicle up to 30-days if owned by defendant. Ignition Interlock Device (IID) for up to 3-years INCREASED PENALTIES FOR DUI ENHANCEMENTS: Refusal - An additional 48-hours of Jail. Passenger in Vehicle Under Age 14? Additional 48-hours of Jail. Speeding = 30 mph on Freeway or = 20 mph on Street or Highway?Additional 60-days Jail
Answered on Dec 28th, 2012 at 3:32 PM
Sometimes yes, and usually the prosecutor will ask for a longer program if you are 0.15, and an even longer one if you'r over 0.20. But remember, BAC isn't the only factor in a DUI case. By default everyone is over the legal limit, but sometimes even very high BAC cases can get dismissed, while low BAC cases result in a conviction. You should hire a DUI specialist to help you with your case, otherwise you face certain conviction no matter how much over the legal limit you are.
Answered on Dec 28th, 2012 at 3:30 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Most probably yes, but no guarantees, he should get an attorney to assist him.
Answered on Dec 28th, 2012 at 3:30 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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The sentence will be based on many factors including a plea bargain, if any; the driving facts; whether there was an accident and if so, whether there injuries; criminal history; etc. If it is a first offense DWI, if he had blown .15 or higher, it would have been a class A misdemeanor. A first offense under .15 is a class B.
Answered on Dec 28th, 2012 at 3:28 PM
Michael J. Breczinski
In Michigan they have a super drunk law. If they charge you under it then you can get enhanced penalties. His level does not come up to that level.
Answered on Dec 28th, 2012 at 11:16 AM
Personal Injury Attorney serving Covington, KY
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Law Offices of Christopher L. Jackson, LLC
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Yes, your BAC will play a role in sentencing. A higher BAC may result in a greater penalty. Also, in KY if your test is over 0.15 you are charged with an "Aggravated" DUI that carries enhanced penalties. In Ohio, if your test is over 0.17 it is called a "high-tier" and carries enhanced penalties.
Answered on Dec 28th, 2012 at 10:00 AM
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Sentencing guidelines are the same for a blow of .08 - .14?? .15 and higher are a higher guideline. Both also are raised if it is a 1st, 2nd or 3rd offense DUI. If a person refused to blow in the BAC machine and the State has enough testimony/evidence to show the court that the person was affected by alcohol and/or drugs then a refusal is treated as blowing the same as .15 or higher.
Answered on Dec 27th, 2012 at 11:53 PM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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Depends on the judge and other factors. Talk to an attorney to discuss further.
Answered on Dec 27th, 2012 at 9:48 PM
James Edward Smith
Yes, but it's still a DUI
Answered on Dec 27th, 2012 at 2:20 PM
Family Law Attorney serving Bluffton, SC
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Peacock Law Group of the Lowcountry, LLC
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In SC, the penalties required by the law can be more severe dependent upon the BAC of the Defendant. He should consult with a local attorney as soon as possible regarding these matters and certainly prior to any action and/or inaction o. His part in regards to this information as it is not legal advice that should be applied to this situation.
Answered on Dec 27th, 2012 at 2:19 PM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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Yes. Contact a qualified DUI attorney.
Answered on Dec 27th, 2012 at 2:19 PM