Defining DUI Penalties

One of the biggest causes of concern when people find themselves pulled over and facing a DUI is what kinds of consequences they may face. In some cases the answers may be a relief while in others, they may result in still more concern. Whatever the case be, knowing is half the battle, and we at the offices of Greg Nelson are here to help you win. Though they are subject to nearly annual changes, here are some of the current and most common penalties and consequences associated with DUI offenses.

1st Offense

If it’s your first time getting a DUI, and you have been cooperative in the process, it will be a misdemeanor offense. Accepting a probation period will get you off with no mandatory jail time and a 60 day loss of license. With no probation, you may expect to face from 7-60 days of jail time and a 6 month loss of license.

If you turn down a field sobriety test, usually known as a “refusal” this will be recorded, but the penalties are no different.

In the event that you were violent (referred to as aggravated) or had a blood alcohol level of .15 or higher, then your penalty will be at least 2 days in jail or up to 120 hours in community service and a 1 year license loss if you opt for probation. Without probation, its 7-60 days jail time and the same 1 year of license loss.

2nd Offense

On a second, non-aggravated offense the common penalty with probation is 10 days in jail or up to 240 hours of community service, and a 1 ½ year license lost. Without probation, it usually translates to between 30 days to 6 months jail, and the same 1 ½ year without a license.

On a second offense, a refusal will affect the penalty, resulting in at least 30 days in jail and a 1 ½ to 15 year loss of license with probation, and without it, 90 days to 1 year in jail along with the license loss.

3rd Offense

On the 3rd offense, an issue that would previously only be classed a misdemeanor can become a felony. Non-aggravated 3rd offenses are still misdemeanors, which carry a 30 day jail sentence and 2-15 year loss of license with probation and 90 days to 1 year in jail along side a 15 year license loss without probation.

An aggravated offense or refusal becomes a IIIA Felony, with a minimum 60 days in jail and 5-15 year loss of license with probation, and 180 days in jail or 5 years in prison and 15 year license lose without probation.

Knowing the potential consequences of a DUI is often an effective deterrent, and allows you to be prepared if you should find yourself pulled over and facing a DUI. If you are already facing a DUI and need legal counsel, allow the law offices of Greg Nelson to assist. Contact us today to learn more, or to receive a consultation.