DUI FAQs

You could go to jail for up to a year for a first DUI with no aggravating circumstances, but sentencing that harsh is rare. An experienced attorney can often negotiate court supervision or treatment in lieu of jail time for a first offense. Your driver's license could be suspended for up to six months, and you will likely be required to install an ignition interlock device before you can start driving again. A fine of up to $1,000 is also possible.

A few common DUI defenses include:

• Illegal stop - If the officer who pulled you over cannot show that he reasonably suspected you were committing a crime (including a traffic violation), it may have been unlawful for him to pull you over.
• Improper field sobriety tests - People are often asked to take field sobriety test under unfair conditions, like while wearing high heels or on a slippery surface.
• Chemical testing errors - Blood and breath tests are imperfect. Officers often fail to follow the proper procedure, which can interfere with the results.
• Necessity - If there was a compelling reason you had to drive a short distance, you may have this defense.

The penalties increase for people who get a repeat DUI. For a second DUI, the potential penalties roughly double to two years in jail and a $2,000 fine. There is a mandatory minimum of five days in jail. Your driver's license will be suspended, and you will need an ignition interlock device when you start driving again. Third DUI penalties are roughly triple the possible penalties for a first DUI.

A DUI can be charged as a felony if:

• You get multiple DUIs within a ten-year period.
• Someone was seriously injured or killed.
• Your B.A.C. was 0.2% or higher.
• You had a passenger who was 14 years old or younger.
• You were driving more than 20 miles per hour over the speed limit.

If your B.A.C. was lower than 0.14% and did not refuse chemical testing, you may be eligible for a restricted license. With a restricted license, you would only be allowed to drive for limited purposes, like getting to school or work and attending court-ordered substance abuse treatment.

A substantial portion of DUI offenders are struggling with substance abuse problems. Courts often order DUI defendants to submit to treatment. If you are given probation, you would likely need to submit to drug and alcohol testing.

In some cases, if there is a lack of evidence that you were intoxicated, but substantial evidence that you were driving in an unsafe manner, an attorney can have DUI charges reduced to reckless driving.

Driving Under the Influence is committed when a driver's B.A.C. is at least 0.08%. If a driver's B.A.C. is just under the limit at 0.07%, he or she could be charged with Driving While Impaired instead. The penalties are lower for DWI than for DUI.