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Driving Under the Influence: Possible Penalties

November 26, 2018

Criminal defense attorneys frequently get asked questions pertaining to Driving Under the Influence. Many people want to know what happens when they are pulled over and arrested for a “DUI” and what the consequences are associated with them. Below are the consequences one is facing when being charged with a DUI. The penalties vary depending on the type of DUI you are being charged with, whether you have been charged with prior DUIS, and the circumstances surrounding your arrest.

 

  1st Offense 2nd Offense Within

5 Years of Prior

Conviction

2nd Offense Outside

Of 5 Years of Prior

Conviction

3rd Offense Within

10 Years of Prior

Conviction

3rd Offense

Outside of 10

Years of Prior Conviction

4th or Subsequent Conviction
Adjudication of Guilt (Conviction) Mandatory Mandatory Mandatory Mandatory Mandatory Mandatory
Jail 0-180 Days 10-270 Days 0-270 Days 30-364 Days 0-364 Days 0-364 Days
Jail (Enhanced) 0-270 Days 10-364 Days 0-364 Days 30-364 Days 0-364 Days 0-364 Days
Fine $500-$1,000 $1,000-$2,000 $1,000-$2,000 $2,000-$5,000 $2,000-$5,000 $2,000 Minimum
Fine (Enhanced) $1,000-$2,000 $2,000-$4,000 $2,000-$4,000 $4,000 Minimum $4,000 Minimum $4,000 Minimum
Monthly Reporting Probation Up to 12 Months Up to 12 Months Up to 12 Months Up to 12 Months Up to 12 Months Up to 12 Months
Driver’s License/Privilege Suspension (DUI only) 6 Months- Permanent Revocation 5 Years- Permanent Revocation 6 Months- Permanent Revocation 10 Years- Permanent Revocation 6 Months- Permanent Revocation Permanent Revocation
DUI Substance Abuse Course Mandatory Mandatory Mandatory Mandatory Mandatory Mandatory
Vehicle Immobilization 10 Days Minimum 30 Days Minimum 10 Days Minimum 90 Days Minimum 10 Days Minimum 90 Days Minimum
Interlock Device Not Mandatory 1 Year Minimum 1 Years Minimum 2 Years Minimum 2 Years Minimum 2 Years Minimum
Interlock Device (Enhanced) 6 Months Minimum 2 Years Minimum 2 Years Minimum 2 Years Minimum 2 Years Minimum 5 Years Minimum
Community Service Hours 50 Hours Not Mandatory Not Mandatory Not Mandatory Not Mandatory Not Mandatory

 

*An offense is considered “Enhanced” when the individual who is charged with DUI has a breath or blood alcohol level of .15, accident or a minor child is involved.

If you, or someone you know, is charged with Driving Under the Influence, it is extremely important to get help from experienced attorneys such as Anthony Bruno & Peter Schoenthal.