What happens when you get a DUI with a high BAC? How? 15 Answers as of May 15, 2015

My son is an 18-year-old who went and got himself a DUI or DWI or whatever it is called with a BAC of 0.17. Obviously, we need to get him a lawyer, but I wanted to know what kind of sentence he is looking at here. No one was hurt or anything, the cop pulled him over for driving erratically and kept him at the station overnight. That was a fun phone call to get at 1 in the morning. Anyway, what kind of sentence should he expect?

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Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
48 hours in jail, 12 months on probation, fines totaling $ 3500, alcohol and drug treatment and no drinking.
Answer Applies to: Georgia
Replied: 5/15/2015
S. Joseph Schramm | Joseph Schramm
If your son has not prior DUI offenses he would probably be looking at a conviction for an ungraded misdemeanor, a 12 month license suspension, 72 hours to six months prison time, a fine between $1,000 and $5,000, alcohol highway safety school, and treatment when ordered. If he is able to qualify for the Accelerated Rehabilitation Disposition (A.R.D.) Program his trial would be held in abeyance pending his completion of the alcohol highway safety school program, payment of a fine and court costs and a 60 day suspension of his license. If he successfully completed the A.R.D. program his case would be dismissed and his arrest record expunged after 10 years, provided his operating privileges are not revoked for being an habitual offender. Although discretionary with the District Attorney's Office many first-time offenders qualify for A.R.D.
Answer Applies to: Pennsylvania
Replied: 5/14/2015
Law Office of Robert E McCall | Robert McCall
Any sentence depends on the Judge, but due to the BAC the statute allows the Judge to double the statutory sentence. He needs to speak to an attorney immediately. Jail would be up to the Judge, some Judges put all younger offenders inside in an effort to "scare them straight"
Answer Applies to: Florida
Replied: 5/14/2015
The Law Office of B. Elaine Jones
The Law Office of B. Elaine Jones | B. Elaine Jones
If this is his first offense and you obtain a criminal attorney to represent him, he should not have to do any jail time. If you want a free initial consultation, contact me at the phone number below.
Answer Applies to: Florida
Replied: 5/14/2015
Anderson Law Office
Anderson Law Office | Scott L. Anderson
The sentence depends on a number of factors: where the offense occurred, county, city, state, etc. The criminal penalties are manageable as is his driver's license revocation.
Answer Applies to: Minnesota
Replied: 5/14/2015
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    In Texas, a BAC over .08 is a DWI, not a DUI.? (DUI is any alcohol in a person under 21 - less than intoxication.)? .17 is a Class A misdemeanor and carries up to 1 year in jail and up to a $4,000 fine.? A first offender may have a special program available to him (depending on the county) and could get probation (although that won't be much help because his license is going to be suspended anyway for drinking and driving under 21.) Hire a lawyer ASAP because the lawyer may want?to use the license revocation hearing for discovery for the criminal accusation.
    Answer Applies to: Texas
    Replied: 5/14/2015
    Best DUI Lawyer
    Best DUI Lawyer | Aniko Hoover
    Each county is different. I would not say that .17 was unusual- although in Orange County he would need a six month DUI class. In LA, SAN Bernardino, or Riverside he would take the standard 3 month DUI class. He stands a good chance of having his license suspended for 1 year with no restricted license possible - because he is under 21. In most counties he will not do any jail although some counties he will need to do a week or two of Ankle Bracelet electronic monitoring or work release/caltrans/community service. He will get 3 years informal or summary probationthat's where you just promise not to drink and drive for 3 years - no pee test, no restrictions on leaving the state or country - no probation officer or anything like that. I'd be happy to represent him if he's in OC, LA, San Bernardino, or Riverside county for $1495 ($299/month payments) Aniko "MRS. DUI" Hoover, Esq.
    Answer Applies to: California
    Replied: 5/14/2015
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Super-drunk at 18 will have significant effects on his license, could have jail time and/or community service, could be effected by any previous citations or juvenile record and will adversely affect his future prospects and insurance rates. Hire an attorney to attempt to minimize the damages for this very serious mistake. I cannot predict the sentence without knowing the Court, judge and a number of other factors.
    Answer Applies to: Michigan
    Replied: 5/14/2015
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Instead of worrying about the sentence, you need to focus your attention on how you can help him avoid being convicted. He needs to hire a DUI specialist, and do it soon because he has only 10 days to save his license.
    Answer Applies to: California
    Replied: 5/14/2015
    Law Offices of Stephanie Lee Ehrbright, Esq.
    Law Offices of Stephanie Lee Ehrbright, Esq. | Stephanie Lee Ehrbright
    If he is found Guilty of an Extreme DUI (BAC over .15) then he is facing a jail sentence of about 30 days and a fine of around $3500. ?The cut off is .15, so there is a possibility of an attorney negotiating it down to a first time regular DUI which has much less time involved.
    Answer Applies to: Arizona
    Replied: 5/13/2015
    Law Office of Russell A. Warren
    Law Office of Russell A. Warren | Russell A. Warren
    It depends on how the charge is being brought. If it is a first offense "Municipal" violation, the range of punishment in the Missouri area would generally be up to 90 days jail and a fine of $500.00. If it is a State charge the range would be up to $500 and a year in jail. An attorney can work to avoid the jail time and possibly also a conviction on his record.
    Answer Applies to: Missouri
    Replied: 5/13/2015
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    The penalty depends on whether this is or is not a first offense. Also if anyone was injured. Also your son's personal history and background. And the skill of the lawyer counts as well. In Wisconsin, a first offense OWI without injury is not a criminal offense and carries only a forfeiture, which depending on the Blood Alcohol Content, could be $1,300 or $1,800 or so. He would probably need an occupational license, which has some costs, and he must undergo an Alcohol and Other Drug Evaluation if he wants to drive again, at least in Wisconsin. And finally, his automobile insurance costs will be considerably higher for two or three years assuming no more traffic offenses. I hope this helps. Good Luck.
    Answer Applies to: Wisconsin
    Replied: 5/13/2015
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    He probably will not face additional jail time but he will likely have to complete a longer, 6 month alcohol program and a license suspension.
    Answer Applies to: California
    Replied: 5/13/2015
    Connell-Savela | Jason Savela
    some judges like to put a young person in jail for a day or two to make sure he learns the lesson, but most will just put on probation with classes and community service he will lose his license for a year unless a rabbit jumps out of a hat In response to your DUI Post: I am a criminal defense attorney with more than 17 years experience on DUI cases. If you would like to discuss your case, please contact me. Some important information- DMV Issues - If you have been served with a Notice of Revocation, then you have 7 days to request a hearing. Please do that immediately by going to your local DMV office, tell them you got a DUI and you want to request a hearing. They will give you a form. DO NOT REQUEST THE OFFICER. We can do that later if we choose to, but most often it means you will lose. The receipt DMV gives you allows you to drive until the day of the hearing. Request a copy of the Expressed Consent Packet. Evidence Issues - It would be valuable to immediately request all police reports, including all audio and video recordings from dash recorders, lapel recorders and police station recorders from the police agency that arrested you and the prosecution. Include in your written request a statement that you believe the audio and video recordings are material and exculpatory. Make sure you get a copy of your request with the date, signature and name of the person that you give it to. Representation begins when client pays attorney an agreed upon retainer and returns a signed fee agreement.
    Answer Applies to: Colorado
    Replied: 5/13/2015
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    Biggest problem for him is he's a juvenile and risks losing his license for 1yr. High bac means longer class and maybe caltrans.
    Answer Applies to: California
    Replied: 5/13/2015
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