What punishments will my friend face for a DUI? 44 Answers as of June 24, 2013

Will he do jail time? Approximately how much will be the fine? What's the maximum fine for a DUI? Approximately how many months will they give him for AA classes? If he doesn't have anything on his record. Not even a ticket. And it's his first offense? And he pleas guilty.

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
I would recommend retaining an attorney for this matter. This response does not contain specific legal advice. If you need specific legal advice, you should consult with an attorney. If she cannot afford an attorney, the court may appoint her one at the public’s expense. She is presumed innocent until proven guilty beyond a reasonable doubt. Only if a person is ultimately convicted or if they plead guilty will they be sentenced. OUI convictions stay on a person’s record for a very long time. Further, as misdemeanors, sentences may include up to 93 days in jail, probation up to two years, restrictions and/or suspension or revocation of a person's license privileges, fines, costs, community service, or other sanctions at the discretion of the court. Spending money or requesting a court-appointed attorney is a good investment given the potential costs for a conviction.
Answer Applies to: Michigan
Replied: 10/24/2011
Law Office of Thomas A. Medford, Jr., PC
Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
In the District of Columbia the maximum punishment for a DUI is a $300 fine and90 days in jail. If you have taken the breath test, the results are below a certain point and you have no prior DUI conviction you may be able to get into the diversion program that could result in the charges being dismissed.
Answer Applies to: District of Columbia
Replied: 10/4/2011
Jules N. Fiani, Attorney at Law
Jules N. Fiani, Attorney at Law | Jules Fiani
Fines, court costs, probation.
Answer Applies to: Michigan
Replied: 6/19/2013
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
Ther fine is about $1900. He will be allowed to do community service work in lieu of jail. He will be ordered to attend at least 12 sessions of DUI counseling and will have a 4 month license suspension.
Answer Applies to: California
Replied: 9/28/2011
Keyser Law Firm
Keyser Law Firm | Christopher W. Keyser
What kind of sentence he receives for DWI depends on what level of DWI he is charged with. Is it a misdemeanor? A felony? Misdemeanors carry up to 90 days jail; gross misdemeanors carry up to 1 year in jail, and felonies carry prison time. I recommend contacting a lawyer to discuss the specifics of the case and what the actual charge is.
Answer Applies to: Minnesota
Replied: 9/28/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    A DWI conviction can have serious repercussions on your life.
    Answer Applies to: New Hampshire
    Replied: 6/19/2013
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    If the charge is a misdemeanor, there is usually a one or two year probation, conditions which include undergoing a chemical evaluation and following the recommendations, paying a fine($50-$500 depending on location) and remaining law abiding. There is usually no jail time on a first offense.
    Answer Applies to: Minnesota
    Replied: 9/28/2011
    Night Life Lawyers
    Night Life Lawyers | Joshua Aldabbagh
    If your friend is not represented by counsel, his punishments can range widely, up to the following: DUI school/victim impact panel (paid for by defendant). Up to 6 months in jail or 96 hours of community service wearing distinctive garb that identifies the person as a drunk driver. Up to $1,000 fine. Attend alcohol abuse treatment program (if BAC was .18 or more). Suspension of driver license for 90 days If your friend hires an attorney to represent him, the usual "worst case" scenario is: DUI school/victim impact panel (paid for by defendant) A $400-580 fine Credit for time served (no jail time or community service) Attend alcohol abuse treatment program (if BAC .18 or greater) Suspension of driver license for 90 days (45 days with hardship license) - Plus, a good attorney will scrutinize the details of your case to determine if various factors could result in a complete dismissal of all charges, or a reduction of the charges to "reckless driving". There are countless ways to beat DUI's. For example, if the police had no probable cause to stop a driver in the first place, or if a mistake was made in obtaining a reading of the drivers blood alcohol content. Sometimes a mistake as simple as an arresting officer failing to document the breathalyzer device number can lead to a complete dismissal of all charges. Your friend should seek a consultation with a knowledgeable attorney to discuss his case.
    Answer Applies to: Nevada
    Replied: 9/28/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    The maximum time he could get for a first time DUI is one year in the county jail. The fines are from $600.00 to $2,100. Additionally he will be required to attend DUI school and the Victim's Impact Panel. His driving license will be suspended for not less than 90 days. If your friend has a clean record he may receive probation in lieu of a custodial sentence unless there was a history as to the arrest.
    Answer Applies to: Alabama
    Replied: 9/28/2011
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    Usually about 48 hours of public service, 48 hours of therapy and alcohol classes, 2 years probation and about $1,000 in fines plus a $50 per month probation supervision fee.
    Answer Applies to: Colorado
    Replied: 9/27/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    On a typical first offense where the blood alcohol content is below .16, the person is charged with a fourth degree offense. This is still serious and carries with it maximum criminal penalties of up to 90 days in jail and a $1000 fine. If convicted any subsequent DWI offense would be much more serious and with four offenses in ten years, you can be charged with a felony. As a result, as strong defense on the first alleged incident can be critical to your future. Different Judges give different sentences. Accordingly, understanding your Judge and knowing how to change Judge's can be an important part of the process. There is also a civil case that results in the revocation of your driver's license. On a first offense over your lifetime, you may be revoked for 30 to 90 days. This is a separate case even though the challenges are largely the same. In order to challenge your license revocation, you must seek a judicial review by filing a petition within 30 days of the offense. Do not forget this critical time period. All too often people with strong defenses come to me too late to challenge the license revocation. The end result goes well beyond simply having your license revoked. There are many challenges to a DWI. Officers must follow very specific steps as part of the arrest. If any one step is missing, the case may be dismissed.
    Answer Applies to: Minnesota
    Replied: 9/27/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    FIRST OFFENSE DUI 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 after adding penalty assessments and miscellaneous court fees, results in a total amount approximately $1400.00-to-$1800.00. DUI SCHOOL: Attendance at First Offender Program (FOP) Required BAC = .153-mont FOP, BAC .15 to .196-month FOP and BAC = .209-month FOP COURT MAY ORDER: The vehicle impounded for up to 30-days if owned by defendant Ignition Interlock Device (IID) for up to 3-years.
    Answer Applies to: California
    Replied: 9/27/2011
    Dichter Law Office, PLLC
    Dichter Law Office, PLLC | Jonathan Dichter
    The penalty for a first offense DUI is up to a year in jail and/or a $5000 fine. There are mandatory fines and penalties as well. They can include jail, fines, loss of license, mandatory alcohol treatment, license suspension and ignition interlock. Your friend should not plead guilty but rather should immediately contact an attorney.
    Answer Applies to: Washington
    Replied: 9/27/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Penalty for a first DUI is 48 hours to 6 months jail, plus $750 - $1000 fine. Probation is usual after the minimum 48 hours is completed. There are possibilities for a diversion on a first offense also. He should consult with an attorney.
    Answer Applies to: Kansas
    Replied: 9/27/2011
    The Olsinski Law Firm, PLLC
    The Olsinski Law Firm, PLLC | Justin C. Olsinski
    First, you should never just plead guilty to a DWI without proper legal counsel. In many circumstances there are issues to fight, regardless of the intoxication level. On a first offense the punishment is laid out in 20-179 of the statute with all the maximums. Realistically, depending on your county, most people do not end up serving any active time for their first offense if there were no grossly aggravating factors. With fines and court costs I would prepare for around $500 and some community service. As for AA, your friend would have to take an alcohol assessment which his lawyer would direct him to do and the results of the test will dictate how many hours of class he has to take. I strongly advise you to consult an attorney in your area, DWI's are serious and there are many advantages to hiring an attorney to represent you on one.
    Answer Applies to: North Carolina
    Replied: 9/27/2011
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    DUI's on first offenses are either misdemeanors (max of 90 days in jail and a $1000 fine) or gross misdemeanors (one year in jail and a $3000 fine). Even on a first DUI a person can be charged with a DUI Gross Misdemeanor if they tested over .20, they refused, they had a child in the car, they were in an accident with substantial bodily injury or they went through railroad stop arms. If he resolves the case then everything is negotiable.
    Answer Applies to: Minnesota
    Replied: 9/27/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    First offense requires a certified alcohol program so that he can keep his license, a fine and jail usually to be served in a sheriff's work program. The number of days varies from county to county, from two to up to10 for certain fact situations.
    Answer Applies to: California
    Replied: 9/27/2011
    Peter Duarte, Attorney at Law
    Peter Duarte, Attorney at Law | Peter Duarte
    Punishment for a first offense DUI would be the following: 3 to 5 years summary probation, 2 days to 6 month jail, fine of approximately $1,800 to $2,500, 3 to 9 month DUI school depending on the facts of the case. If the blood alcohol level is high, then the court may impose AA meetings.
    Answer Applies to: California
    Replied: 9/27/2011
    Kenneth M. Hallum, Attorney at Law
    Kenneth M. Hallum, Attorney at Law | Kenneth M. Hallum
    Depending on the county, 2 days jail or alternative like community service, $2000-$2500 fines, 3-4 years probation, and a DUI class. Some counties require AA or other 12-step programs.
    Answer Applies to: California
    Replied: 9/27/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    Upon a finding of guilt, your friend will have to undergo an alcohol assessment. The ultimate punishment will depend on the outcome of the assessment. The minimum fine is $100 and the maximum is $500. The court can and will assess court costs as well and there may be probation oversight fees and other fees. The Secretary of State will require payment of a driver's responsibility fee. Typically, the total cost of fines, costs and other fees is in the range of $6,000 to $8,000. Your insurance company may also take action against your car insurance policy.
    Answer Applies to: Michigan
    Replied: 9/27/2011
    Burdon and Merlitti
    Burdon and Merlitti | Adam Van Ho
    That question depends on one major question: did the person refuse to take a breathalizer or did he/she have a blood alcohol content (BAC) of over .17. If it was a "low blow," and if it is his/her first offense, it is a first degree misdemeanor that carries a penalty up to six months in a local jail, with a mandatory three days in either jail or a Driver's Intervention Program; fines between $375 and $1075; a Class 5 license suspension of six months to three years with the ability to get driving privileges after fifteen days; and the possibility that the judge could require your friend to have DUI license plates and/or an Interlock on his/her car, which means that he/she would have to blow into a device before the car could be driven. If he/she had a "high blow" or they refused to take a breath/blood test, then all of the above would also be true, but he/she would be facing a mandatory six days in jail or a combination of three days in jail and a three day Driver's Intervention Program. Your friend should probably consult with an attorney as soon as possible to discuss the facts/circumstances of his/her case.
    Answer Applies to: Ohio
    Replied: 9/27/2011
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    First, don't assume that your friend will get any punishments. The case could be dismissed or he could be found not guilty.
    Answer Applies to: Hawaii
    Replied: 9/27/2011
    Khayoumi Law Firm
    Khayoumi Law Firm | Salim A. Khayoumi
    Mandatory Sentence: Under 66-8-102(E), the sentence for a first conviction for DWI must include the following, none of which may be suspended, deferred or taken under advisement: 24 hours of community service. DWI schoola driver rehabilitation program for alcohol or drugs approved by the Traffic Safety Bureau of the State Department of Transportation. Alcohol or drug abuse screening program approved by the Department of Finance and Administration. An ignition interlock drivers license must be obtained and an ignition interlock device must be installed and operating on all motor vehicles driven by the offender for one year. Unless it is determined that the offender is indigent, the offender must pay all costs associated with having the ignition interlock device installed on the appropriate motor vehicles. 66-8-102(N). Discretionary Sentence: Under 66-8-102(E), the sentence for a first conviction for DWI may include the following: Imprisonment up to 90 days total. Fine up to $500. Additional hours (no limit) of community service for DWI arrests. Costs of any court-ordered screening and treatment programs. 66-8-102(R). Additional Considerations. Any time spent in jail for the offense prior to conviction must be credited to any term of imprisonment imposed by the court. 66-8-102(E). If the defendant fails to complete any court-ordered community service, screening program, treatment program or DWI school, or fails to comply with any other condition of probation, within the time specified by the court, the defendant must be sentenced to at least 48 additional consecutive hours in jail. Any such jail time shall not be suspended, deferred or taken under advisement. 66-8-102(E). If the sentence is partially or fully suspended or deferred, the period of probation may extend beyond 90 days up to one year.
    Answer Applies to: New Mexico
    Replied: 9/27/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    A first DUI doesn't necessarily carry jail time but it depends on the county he's in. The fine is about $1K, he will have to take a three-month First Conviction Program, and he will have license suspended for at least six months but he is eligible for a restricted license. There may be additional penalties depending on the BA level.
    Answer Applies to: California
    Replied: 9/27/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    3-5 years of probation, up to 6 months in county jail, installation of IID, completion of a 3,6, or 9 month alcohol class (this is not AAs), 2 points on driving record, around $1800 in fines (not including the fees for IID, classes...etc.)
    Answer Applies to: California
    Replied: 9/27/2011
    Law Office of Daniel K Martin
    Law Office of Daniel K Martin | Daniel K Martin
    For a first offense DUI in California most people do not do any additional jail time other than the time they spent when they were first arrested. The fines are about $1800, the more expensive portion of a DUI is the increased insurance premiums. The classes are once a week for four months.
    Answer Applies to: California
    Replied: 9/27/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    He DOES NOT WANT TO PLEAD GUILTY. Even if he is guilty one does not plead that right off the bat. An attorney should be able to get a better deal. You lose all your bargaining power if you plead guilty right away. Usually they will offer something so that they do not have to try the case.
    Answer Applies to: Michigan
    Replied: 9/27/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    He will probably plead to an Impaired, lose his license for 30 days, pay a $350 fine and his insurance will go through the sky.
    Answer Applies to: New York
    Replied: 9/27/2011
    The Law Office of Cindy Barton
    The Law Office of Cindy Barton | Cindy Barton
    There is some difference depending on the court and prosecutor, but the statute requires 48 hours of jail to be served altogether, the fine can be up to $2500, but usually runs about $1800.Most judges give three to four months to complete an evaluation and then the required counseling.His license will be suspended for 90 days, and he will likely be on probation for at least a year.
    Answer Applies to: Utah
    Replied: 9/27/2011
    The English Law Firm
    The English Law Firm | Robert English
    He may or may not do jail time. Often, the specific punishment varies based on the county of the offense. Some first offenders get probation with no jail and some may serve some small jail time. He would also have a significant fine totaling $1500 or more with penalty assessments. He will have to complete a first offender alcohol program. These range from about 3 months to 9 months or so depending on the BAC and other factors.
    Answer Applies to: California
    Replied: 9/27/2011
    The Law Offices of Correen Ferrentino
    The Law Offices of Correen Ferrentino | Correen Ferrentino
    Usually a first time DUI requires 3 years informal probation, fines and fees of approximately $2000 and an alcohol school from 3 months to 9 months depending on the blood alcohol level. Some courts also require a MADD panel and/or AA meetings. The court general lets defendants make payments and gives about one month to enroll in the alcohol program.
    Answer Applies to: California
    Replied: 9/27/2011
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    It depends on the jurisdiction. In Los Angeles, he can expect 1,800 in fines, the 3, 6 or 9 month class depending on his BAC, IID conditions and 3 year summary probation.
    Answer Applies to: California
    Replied: 9/27/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Your friend needs an attorney before facing the court. You ask a ton of questions, and it is difficult to answer all of them, because a lot is left to the sentencing judge, however, if in Illinois, your friend is facing a maximum fine of $2500 and a year in county jail. I can virtually guarantee thathe will get no jail time, but should try for court supervision, which does not result in a conviction for permanent record purposes. Hewill need an alcohol evaluation, and depending on the outcome, will have some classes and counselling, as well. Every county and every judge sets different fines, expect to pay about 1500 dollars for fines and costs. Hire an attorney to represent the defendant, as he will get screwed if he tries to represent himself without benefit of counsel.
    Answer Applies to: Illinois
    Replied: 9/27/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    DWI or DUI? Probably DWI - anyone over 21 who blew a .08 or higher, or an adult. He could get up to 6 months in jail (up to 1 year if he blew .15 or higher), and up to a $2,000 fine (or $4,000 fine.) He needs to hire a good lawyer. It is possible that he can beat the case and get nothing. He needs representation before the 15th day after his arrest so the lawyer can request a hearing on his administrative license revocation matter.
    Answer Applies to: Texas
    Replied: 9/27/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    You have asked an awful lot for an email response, but I'll give you an overview. By DUI I'm going to assume that you mean a plain vanilla DWI. For a plain vanilla DWI the penalties are a fine up to $1,000.00, a $460.00 surcharge, a one year Conditional Discharge, license revoked for six months and installation of an alcohol sensing ignition interlock usually for one year. Also attendance may be required at a Mothers Against Drunk Driving Victim Impact Panel ($50.00) and one must usually complete the DMV Drinking Driving Program ($300.00). There is also a $750.00 DMV Driver Safety Assessment and there are costs for all medical evaluation and treatment that may be required.
    Answer Applies to: New York
    Replied: 9/27/2011
    Law Office of Stephen P. Dempsey
    Law Office of Stephen P. Dempsey | Stephen P. Dempsey
    It depends on the violation. Did you take the Alcotest? what was his BAL- over .1? did he refuse? Generally he is looking at 3-7 mos. suspension; fines in excess of $500; $1000 surcharge for 3 years and 12 hours IRDC .
    Answer Applies to: New Jersey
    Replied: 9/27/2011
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Prior criminal history has no bearing. A DUI is punishable what is classified as a gross misdemeanor, punishable by up to a YEAR IN JAIL AND A $5,000.00 FINE. There is a mandatory minimum jail time of at least 1 day, possibly more depending upon the facts of the case (even for a 1st time offense, if found guilty). If you plead guilty, the judge will sentence you to the maximum jail time and fine, but then suspend all jail time and fines, except for the mandatory minimum, which would be 1 day in jail and about $1200.00 in fines and costs. The balance of the jail time and fines would be suspended for a 5 year period of time (probation) condition upon no future law violations and that you comply fully with court mandates, including but not necessarily limited to having an alcohol/drug evaluation and follow any recommended treatment (which could be as much as a 2 year treatment program, for which you would be responsible for the costs of treatment). The court may impose other requirements as well. In addition thereto, you will loose your license for at least 90 days (however you may be eligible for an occupational permit after a 30 day suspension). Depending upon the level of the breath test, the judge might require an interlock to me installed on your car after the suspension. This is a device in which you will be required to blow into every time before you start your car. If there is any alcohol present in your system, the car will not start. Add to this is the issue of insurance. With a DUI conviction, your insurance company may well require high risk insurance (commonly referred to as SR22). This insurance can be expensive (about 150% of regular premiums). Bottom line: there is a lot at stake -even for a first time DUI. Consult with and, preferably retain legal counsel.
    Answer Applies to: Washington
    Replied: 9/27/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    Your friend's sentence will depend on his or her BAC level. The best source of information on penalties for DUI is the Washington State Department of Licensing web site.
    Answer Applies to: Washington
    Replied: 9/27/2011
    San Diego DUI Law Center
    San Diego DUI Law Center | Rick Mueller
    A good DUI Attorney will ensure the best possible outcome. There is no way to predict without doing due diligence, investigation, research and engaging in vigorous discovery. There's plenty of different possibilities.
    Answer Applies to: California
    Replied: 9/27/2011
    Todd Landgren, Professional Law Corp.
    Todd Landgren, Professional Law Corp. | Todd Landgren
    All depends on blood alcohol level and which judge, too many possibilities without knowing many more details.
    Answer Applies to: California
    Replied: 6/24/2013
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Check out my page for all these questions. www.dwimark.com You need a quality DWI attorney though. Because you could face, jail, fines, and loss of license.
    Answer Applies to: Texas
    Replied: 9/27/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    No one should plead guilty initially to a DUI because many cases can be successfully negototiated to a lessor charge. The maximun penalty is one year in jail and a $5000.00 fine. There is a minimum one day in jail if the breath test is under .15 or 2 days if it is .15 or higher or if there is a refusal. There is a minimum 90 day license suspension or a 2 year revocation if there is a refusal. There is a one year igniition interlock license requirement. Court costs and fines are usually between $1000 to $1600. There are 5 years of probation requiring an alcohol assessment and compliance with any treatment recommendations.
    Answer Applies to: Washington
    Replied: 9/27/2011
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