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DUI First Offense Penalties

The fine for DUI first offense ranges from $620.00 to $1,488.00 including the 24% court fee (penalty assessment).

DUI/DWI first offense is a class B misdemeanor. Misdemeanors are criminal offenses, which will show up on a criminal record check after conviction. Employers making a criminal record inquiry will see a first offense DUI after conviction. One year after conviction, a DUI can be reduced to a violation (non-criminal) offense by motion to the court. The violation level offense is less likely to be provided during an employer inquiry if properly managed.

There are two separate license suspensions associated with a DUI conviction. One of the license suspensions is imposed by the court and the other is imposed by the DMV. The court imposed license suspension ranges from a minimum of 90 days (if conditions are met) to a maximum of 2 years.

Driving during the period of DUI related suspension results in a minimum mandatory jail sentence and may trigger substantial license suspension penalties. Such a driving after suspension offense may also trigger certification as a Habitual Offender.

In order for a DUI license suspension to end, a court ordered alcohol and drug abuse evaluation and all recommended follow up must be completed. There are strict time limits associated with the evaluation and completion of the recommended follow up ordered from the evaluation. All fees from the evaluation and follow up must be paid prior to reinstatement.

The alcohol and substance abuse evaluation may result in and order for a full substance abuse disorder evaluation and a service plan that must be completed prior to restoration.

There are special insurance requirements before license reinstatement. An insurance form called an SR-22 must also be filed with the DMV. The SR-22 identifies those convicted of DUI and pools them with other high risk drivers. The SR-22 requirement lasts for years.

The court may order those convicted of DUI to submit to (and pay for) random urinalysis and/or blood tests to monitor sobriety after DUI conviction.

The court may also require the installation of a breathalyzer interlock device in any vehicle registered to a driver convicted of DUI. Breathalyzer interlocks are reportedly unreliable and disable the ignition from time to time even while driving.

In addition to the license suspension from the court, the DMV will also “automatically” suspend the driver’s license if a breath/blood test is refused or results in a blood alcohol reading in excess of the legal limits. A challenge to the “automatic” DMV license suspension is subject to strict time limits. Missing time limits can result in a 6 month license loss even after the DUI gets dismissed.

An experienced DUI Attorney takes a strategic approach to minimizing the consequences of a DUI arrest. From the very start, Attorney Sweeney will bring experienced analysis, negotiation, and counsel to every case. Our number one goal is to minimize the damage that a DUI arrest can bring. Only an experienced DUI defense attorney can guide you through the process from beginning to end and minimize the consequences at every turn.

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