What is the gravest punishment for DUI? 51 Answers as of May 30, 2013

What is the gravest punishment for DUI?

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer. If you are charged with an offense and cannot afford to pay for your own defense, the court may appoint you an attorney payable at the public's expense. You have a right to counsel. It depends on the charge. Anyone charged with a criminal offense is advised of their maximum possible penalty for a conviction at their arraignment, and that, generally speaking, as long as the prosecutor doesn't later amend the charges, is typically the "gravest" penalty. People convicted of an OUI Third, for example, could go to prison. Of course, the Secretary of State may impose their own sanctions which would add additional potential sanctions and costs to an OUI conviction.
Answer Applies to: Michigan
Replied: 7/20/2012
The Woods Law Firm
The Woods Law Firm | F.W. Woods Jr.
5 years in jail.
Answer Applies to: South Carolina
Replied: 4/23/2012
The Short Law Group, P.C.
The Short Law Group, P.C. | Shawn Kollie
A DUI conviction in Oregon carries a maximum penalty if 1 year in custody and a $6,250 fine. A DUI conviction also has a minimum of 2 days in custody and a $1,000 fine. Various other fines and fees will typically be tacked onto a conviction or Diversion, ranging from $100 - $1000. It is important to work with a DUI Lawyer who can help you wade through these complex issues and save you time and money.
Answer Applies to: Oregon
Replied: 4/20/2012
Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
A 1st offense OUI can carry up to 2.5 years in the House of Corrections, however, this is very unlikely to be the sentence without some unusual and harsh circumstances.
Answer Applies to: Massachusetts
Replied: 4/11/2012
Law Office of Timothy M. Donahue | Timothy M. Donahue
The answer depends on what level of DWI is charged and that charge depends on what the facts of the case are.
Answer Applies to: Texas
Replied: 4/10/2012
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    If you were to hit and kill someone, you could be charged with homicide. A DUI can range from a misdemeanor that is settled for a wet reckless all the way to homicide felony- it depends on your facts of your case.
    Answer Applies to: California
    Replied: 4/10/2012
    Law Office of Gregory Crain | Gregory Crain
    The grave. Otherwise up to a year in jail, fines, license suspension and very high insurance rates.
    Answer Applies to: Arkansas
    Replied: 4/10/2012
    Michael Maltby, Attorney at Law
    Michael Maltby, Attorney at Law | Michael Maltby
    The maximum penalty (unless you are charged with a felony DUI) for a DUI is 364 days jail, $5,000 fine, but unless you are a repeat offender, the usual sentence is much less, especially if you have an experienced attorney!
    Answer Applies to: Washington
    Replied: 4/10/2012
    The Jordan Law Firm
    The Jordan Law Firm | John Paul Jordan
    The potential penalties for a DUI can be severe, and particularly if there are any enhancements involved (ie. prior offenses, excessive speeding, minors in the car, refusal, etc). The penalties can include a long jail sentence (ie. 1 year in jail..longer if there are serious injuries involved), alcohol program (3-18 months in length), community service, community labor, drivers license loss. Depending on what is most important to you determines the most severe penalty.
    Answer Applies to: Oklahoma
    Replied: 4/9/2012
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    When people think of punishment usually they are talking about jail time. In the case of a first offense DUI the maximum jail time is 6 months. However, there are other penalties involved such as fines and license restrictions. Aside from a first offense misdemeanor DUI, an individual could find themselves charged with a felony DUI. If an individual was convicted of a DUI with injury, and that individual has prior convictions for DUI with injury, they could face a maximum sentence of four years in state prison.
    Answer Applies to: California
    Replied: 4/9/2012
    Glass Defense Firm
    Glass Defense Firm | Jason M. Glass
    It depends on the level of the offense and several other factors. For instance, just a straight first offense carries a max of 6 months.
    Answer Applies to: West Virginia
    Replied: 4/9/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    For a first offense it would be 60 days jail with a loss of license for 6 months with the fines and cost.
    Answer Applies to: Nebraska
    Replied: 4/9/2012
    Law Office of Michael R. Garber
    Law Office of Michael R. Garber | Michael R. Garber
    For fourth offense DWI or more the maximum is 30 years in prison.
    Answer Applies to: Louisiana
    Replied: 4/9/2012
    Dungan, Lady, Kirkpatrick & Dungan PLLC | Michael Dungan
    For a first offense, the maximum possible punishment is 93 days in jail, that doesn't mean that's what going to happen, but that is the maximum.
    Answer Applies to: Michigan
    Replied: 4/9/2012
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    Depending on the facts, someone convicted of a DUI can serve significant jail time.
    Answer Applies to: Pennsylvania
    Replied: 4/9/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    A year in jail and $1000 fine plus penalty assessments, plus loss of license.
    Answer Applies to: California
    Replied: 4/9/2012
    Furlong & Drewniak PLLC
    Furlong & Drewniak PLLC | Thaddeus Furlong, Esq.
    Depends on whether it's your first, second within five years, second within ten years, third DUI (felony) and whether you're in state or federal court. State prison for DUI-3rd felony is pretty serious. It also depends on your BAC (blood alcohol content). If you are charged with first time DUI, with a BAC of .14 or lower, then usually you get suspended jail time, a fine, ASAP, and loss of license for a year with a restricted license authorized. If your BAC is .15 to .20, then you face mandatory 5 days in jail, plus additional penalties. If your BAC is .21 or higher then it's mandatory 10 days in jail. More sever penalties exist for DUI-2nd and DUI-3rd (felony). If military member then you also face UCMJ penalties like loss of rank, fines, and restrictions on movement. Maximum jail sentence for DUI-1st is 12 months in jail, but usually that does not happen and whatever jail time you get is suspended if you have a BAC of .20 or less.
    Answer Applies to: Virginia
    Replied: 4/9/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    One year in jail, a $1,000.00 fine, and a 400.00 surcharge. Under some circumstances you can also lose you license forever.
    Answer Applies to: New York
    Replied: 4/9/2012
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    First offense has a maximum of 93 days in jail and/or up to 2 years probation. A second offense carries a maximum of 1 year and up to 2 years probation. A 3rd offense is a 5-year felony, which can result in probation or parole, depending on the jail sentence. In addition to the above, there are license sanctions and financial responsibility fees. you should discuss all of this with your attorney prior to going to Court. I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 4/9/2012
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    FIRST OFFENSE DUI (NO PRIORS WITHIN 10-YEARS) PROBATION: 3-to-5 Years Informal Probation JAIL: 48-hours and up to 6 months jail time may be imposed COURT FINES: Minimum $390.00 fine to maximum of $1000.00 Note, however that the $390.00 minimum fine, after adding penalty assessments and miscellaneous court fees, results in a total amount due of approximately $1400.00-to-$1800.00. DUI SCHOOL : Attendance at First Offender Program (FOP) Required BAC = .15 3-month FOP BAC .15 to .19 6-month FOP BAC = .20 9-month FOP COURT MAY ALSO ORDER: Impound Vehicle up to 30-days if owned by defendant Ignition Interlock Device (IID) for up to 3-years INCREASED PENALTIES FOR DUI ENHANCEMENTS: Refusal An additional 48-hours of Jail Passenger in Vehicle Under Age 14 Additional 48-hours of Jail Speeding = 30 mph on Freeway or = 20 mph on Street or Highway Additional 60-days Jail.
    Answer Applies to: California
    Replied: 4/9/2012
    Hammerschmidt Broughton Law
    Hammerschmidt Broughton Law | Mark A. Broughton
    That depends on the exact charge. For a first time DUI, 6 months in custody, a $1,000 fine (but with mandatory penalty assessments and fees, actually in the range of $2,000), and suspension of your driver's license. The more prior DUIs, the higher the penalties: a DUI with 3 priors within 10 years can land you in jail as a "county jail felony" for 3 years and revocation of your driver's license. If injuries or death is involved...well, you can see this is very complicated and you should consult with a qualified criminal defense attorney for specific advice.
    Answer Applies to: California
    Replied: 4/9/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    I asume you are referring to the most severe punishment. For a first time DUI the maximum punishment is up to one year to serve in jail and a fine of not less than $600 nor more than $2,100. Additionally, there is an automatic suspension of your driving privileges for a period of not less than 90 days. Upon conviction of DUI a person is required to attend and complete a defensive driving school and attend a Victim's Impact Panel.
    Answer Applies to: Alabama
    Replied: 4/9/2012
    Larry K. Dunn & Associates | Larry K. Dunn
    While rarely imposed, a misdemeanor dui conviction carries a maximum penalty of 6 months in jail and $1,000 fine; loss of driving privilege; and in some cases the court may impose a requirement to install an interlock device on your vehicle and alcohol counseling from 9 hours to 3 years.
    Answer Applies to: Nevada
    Replied: 4/9/2012
    Kotlowski Law Office PLLC
    Kotlowski Law Office PLLC | Walter James Kotlowski
    364 days in jail, $5000 fine + court/probation costs. (Felony DUI would be more)
    Answer Applies to: Washington
    Replied: 4/9/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    A felony DWI can be up to 4 years in state prison. A misdemeanor is up to one year in jail. Unless you have a bad criminal record or prior DWI convictions you will probably just get a fine and maybe probation. Your license will be revoked for 6 months or suspended for 90 days for a DWUI violation. The real problem is that your insurance can rise to $10,000 a year and you will find it hard to get a good job for the rest of your life. You will not be able to travel to Canada and certain other countries may refuse a visa or entry. It is safer and cheaper to just call a taxi.
    Answer Applies to: New York
    Replied: 4/9/2012
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    The answer depends on whether it is your first DWI offense or you are a repeat offender.
    Answer Applies to: New York
    Replied: 4/9/2012
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    Depends on prior DWI history and on other criminal history. The gravest is a life sentence.
    Answer Applies to: Texas
    Replied: 4/9/2012
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    Jail. Although usually not for a first time.
    Answer Applies to: California
    Replied: 4/9/2012
    Raiser & Kenniff, PC
    Raiser & Kenniff, PC | Steve Raiser
    One year in jail (unless it is a felony).
    Answer Applies to: New York
    Replied: 4/9/2012
    Ellman and Ellman PC
    Ellman and Ellman PC | Kevin Ellmann
    Depending upon whether you have priors. one year in jail.
    Answer Applies to: Colorado
    Replied: 4/9/2012
    Law Office of Robert Sisson | Robert Sisson
    Significant jail.
    Answer Applies to: Wisconsin
    Replied: 4/9/2012
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    Depends on the DUI (1st, 2nd, 3rd, etc.). First time DUI up usually no more then six months and a third is a felony so it could be five years and if there is a DUI with serious bodily injury or death you could get up to 15 years of more.
    Answer Applies to: Florida
    Replied: 4/9/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    In Illinois, you could get 14 years in prison, of which, you must serve 85% of the time behind bars. This is the worst case situation, you need an extensive background with many DUI arrests on your driving record, and I would strongly suggest you do not try to be a record holder in that regard.
    Answer Applies to: Illinois
    Replied: 4/9/2012
    The Smalley Law Firm, LLC | Cary Smalley
    That depends on numerous factors such as how many you have had, where it occurred, etc.
    Answer Applies to: Kansas
    Replied: 5/30/2013
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    The potential penalties for a DUI can be severe, and particularly if there are any enhancements involved (ie. prior offenses, excessive speeding, minors in the car, refusal, etc). The penalties can include a long jail sentence (ie. 1 year in jail longer if there are serious injuries involved), alcohol program (3-18 months in length), community service, community labor, drivers license loss (for years if you have prior convictions), AA meetings, etc. In short, you need to speak to an attorney in more detail about your case as there are so many different variables that can affect what the maximum penalties can be and how to defend against that from happening.
    Answer Applies to: California
    Replied: 4/9/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    It depends on how many priors. Three or more is a felony and it goes up from there.
    Answer Applies to: Michigan
    Replied: 4/9/2012
    Law Offices of Stephanie Lee Ehrbright, Esq.
    Law Offices of Stephanie Lee Ehrbright, Esq. | Stephanie Lee Ehrbright
    Several years in prison for felony Aggravated DUI, more if you have priors.
    Answer Applies to: Arizona
    Replied: 4/9/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    The gravest punishment for DUI is getting killed in a car accident. The legal punishments range from 93 days up to 5 years or more depnding on any prors and circumstances. If some one is killed some prosecutors have sucessfully charged the case as Murder II which carries life or any term of years.
    Answer Applies to: Michigan
    Replied: 4/9/2012
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    The strictest penalty is 1st Degree DUI which is a felony.
    Answer Applies to: Minnesota
    Replied: 4/9/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    The worst is life sentence without parole. That's what happened 2 years ago to the driver who killed the LA Angels' pitcher.
    Answer Applies to: California
    Replied: 4/9/2012
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    The punishment depends on how many dui's you have within a ten year period
    Answer Applies to: California
    Replied: 4/9/2012
    Lykins Law | Gerald Lykins
    Life long criminal record
    Answer Applies to: Michigan
    Replied: 4/9/2012
    Fairlie & Lippy, P.C.
    Fairlie & Lippy, P.C. | Steven Fairlie
    It depends on the person jail or the license suspension usually are. If you are asking about specifics check out this list of penalties
    Answer Applies to: Pennsylvania
    Replied: 4/9/2012
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