Summary of DUI Proceedings

To curtail suspension of your driver’s license, request a hearing with the DMV within 10-days of your arrest. Your DUI attorney needs to handle this and all other proceedings or your risk loss of certain defenses or advantages.

• DMV hearing. By challenging probable cause in your arrest and/or the results of your breath or blood test, DUI attorneys have enabled many clients to retain their licenses.
• Arraignment. Usually held shortly after your arrest, you appear with your DUI attorney and enter a not guilty plea.
• Pretrial. Information gathered from an investigation of your case and evidence from the prosecution will allow your DUI attorney to raise certain defenses. Many cases are plea bargained at this stage.
• Trial. If no resolution, your DUI attorney will try your case.

Reasons to Hire a DUI Lawyer

Your DUI lawyer will usually scrutinize certain common issues that arise in DUI cases when determining the defenses to raise:

• Possible police misconduct
• Influence of your medical or physical condition on your arrest and BAC results
• Validity and integrity of the breath or blood tests
• Bias, inconsistencies or errors in police testimony, records and reports
• No driving, drinking after driving and other defenses found by your DUI lawyer

DUI Penalties

DUI sentences vary from county to county, especially if aggravating circumstances were present. There are separate penalties for a first, second, third and felony convictions. These penalties are typically imposed:

First DUI or DWI

The usual penalties for a first DUI or DWI are:

1. Jail. 48 hours in jail and up to 6-months; 3-years of probation
2. Suspension of license. Loss of driving privileges for 4 to 10-months though you may be eligible for a restricted license; if BAC testing was refused, the suspension is one year
3. Fines: $390 with costs over $1,800
4. DUI classes: 3-months
5. Insurance and installation: Secure SR-22 insurance and possibly install an interlock ignition system

Second DUI or DWI

Penalties for a second DUI or DWI within 10 years of the first include:

1. Jail. 96 hours and up to one year in county jail and 3-5 years probation
2. Suspension of license. 2-year suspension with eligibility for restricted license unless testing was refused.
3. Fines: $390 to $1000 but over $10,000 in costs
4. DUI Classes. 18 to 30-months
5. Installation and insurance. SR-22 insurance and Interlock ignition system

Third DUI or DWI

Conviction of a third DUI or DWI in 10 years may include:

1. Jail. 120 days to one year in county jail and 3-5 years probation
2. Suspension of license. 3-years with restricted license after 12-months
3. Fines: $390 to $1000 and other costs up to $15,000
4. DUI classes. 30-months
5. Installation and insurance. SR-22 insurance and interlock system

Fourth DUI or DWI

A fourth DWI or DWI is a felony, but it could be negotiated to a misdemeanor by your DUI lawyer.

If a felony, you face:

1. Jail. 16 months, 2 or 3 years in jail and formal probation for up to 5 years
2. Suspension of license: 4-years
3. Fines: Up to $5000 with associated costs of up to $18,000
4. Habitual traffic offender status. 3 years
5. Mandatory DUI classes. 30-months
6. Installation and insurance. SR-22 insurance and interlock system

Commercial DUI or DWI

Commercial drivers need a DUI lawyer as they can be convicted of a commercial DUI or DWI if their BAC is 0.04%.

Penalties include:

1. Jail. Same as for a motorist with a Class C license for first or multiple DUI or DWI offenses
2. Driver’s license suspension.
• Loss of commercial driver’s license for one year, regardless of the vehicle you were driving
• Life-time suspension for a second conviction
• Your Class C license is also affected
3. Fines. From $390 to $1000
4. DUI Classes. Same as for other offenders
5. Insurance and installation. Securing of SR-22 insurance and possible installation of an interlock system

Call the Lawyers at the DUI Attorney Group