What should I expect if charged with a DUI and a BAC of .22? 53 Answers as of February 24, 2012

I am being charged with drunk driving and my BAC was .22. I am also being fined for not having my headlights on while driving. I have never been pulled over or gotten a ticket before, or in trouble with the law in any way and have no record. I was wondering what I should expect to happen regarding fines and penalties, classes I might also have to take, I already have a court date and am told I have to get fingerprinted.

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The Law Firm of David Jolly
The Law Firm of David Jolly | David Jolly
If your BAC was 0.22 It is obviously high. Many prosecutors and judges react to cases such as this more sternly than lower BAC DUIs. What the penalties are for your case depends on the jurisdiction however, in Washington State (where I am) the penalties if convicted include minimum penalties of 2 days jail, $1121 fine (plus costs) and a 1 year license suspension. Be sure to get a good attorney!
Answer Applies to: Washington
Replied: 5/27/2011
Law Offices of Michael Stephenson
Law Offices of Michael Stephenson | Michael Stephenson
You should hire an attorney as soon as possible. An attorney can help you reduce the fines, any jail sentence, and other penalties including alcohol safety classes and license suspensions. I recommend you hire a DUI attorney because the laws regarding DUI are complicated.
Answer Applies to: California
Replied: 5/19/2011
Reeves Law Firm, P.C.
Reeves Law Firm, P.C. | Roy L. Reeves
Every jurisdiction is different and the reason is based on local politics, local opinions, and honestly, if there has been any high profile DUI/DWI accidents in your area lately. These factors affect the District Attorney who is an elected official, and therefore must consider his/her political career in connection with every case. Accordingly, no one knows what to expect, but a worst case scenario - that I can give. If this is your first DUI/DWI then the charge is a Class B Misdemeanor. Maximum punishment for a Class B is 0-180 days in jail and a fine of up to $2000 or any combination of these two things. Since it is a DWI, you can expect to be ordered to attend alcohol awareness classes, provide an SR22 insurance form, suspension of license, and due to the BAC being so high, an ignition interlock device on your car is likely too. Probation - if you get probation means monthly fees and conditions, community service, etc.
Answer Applies to: Texas
Replied: 5/18/2011
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
A fine, 9 month alcohol school, probation and possibly some jail time depending on what court you are in.
Answer Applies to: California
Replied: 5/17/2011
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
In Michigan, you could be charged with Michigan's "Super Drunk" law, which is for first offenders whose BAC is .17 or greater. This law has greater penalties than the OWI statute. You may visit my website to see the penalties for OWI. The fines, penalties, and any jail time will vary by Court. Therefore, you should have an attorney represent you and discuss what to expect in your particular Court. The maximum for OWI is 93 days in jail, and I believe that for OWI Super Drunk it is up to 6 months in jail. You may contact my office to discuss representation. I hope this was helpful.
Answer Applies to: Michigan
Replied: 5/16/2011
    Anderson & Carnahan
    Anderson & Carnahan | Stephen Anderson
    Mandatory jail, talk to an attorney.
    Answer Applies to: Colorado
    Replied: 5/16/2011
    Howard W. Collins, Attorney at Law
    Howard W. Collins, Attorney at Law | Howard W. Collins
    You may be eligible for a DUII diversion. You will face alcohol evaluations and treatment depending on the evaluator's recommendation. There will be fines as well. A diversion allows you to keep your license and keeps you out of jail. It is an expensive first bite of the apple but the diversion has benefits. The second bite hurts a lot more. The no headlights charge is a simple traffic infraction that probably led to the officer pulling you over in the first place. An infraction is a fine only; no jail time. You might benefit from a lawyer. A .22 is bad and the diversion will probably be the route you may choose to go, but it never hurts to pay to have a lawyer review the police reports and help you through the process.
    Answer Applies to: Oregon
    Replied: 5/16/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    You should certainly consider hiring a DWI attorney as soon as possible. In Louisiana you only have 15 days from the date of your arrest to contest the suspension of your driver's license - something that will occur automatically if you do not take any action. In addition to driver's license suspension you could face jail time of up to 6 months and fines of up to $1,000. It may be possible to negotiate a deferred and/or suspended sentence if you are convicted in return for alcohol and drug counseling, probation, ignition interlock, etc. If you are convicted this will affect your criminal record as well as add points against your driver's license which will affect your insurance rates. The best option is to try to avoid a conviction at all costs which is something that you will most likely need an attorney to assist you with.
    Answer Applies to: Louisiana
    Replied: 5/16/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    What county is this in? Different counties would treat this matter differently. With a .22 BAC, you will likely be charged with the new Super-Drunk law. You need to call an experienced attorney such as myself.....visit my website for more information regarding how to obtain an experienced, knowledgeable attorney with great reviews.
    Answer Applies to: Michigan
    Replied: 5/13/2011
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    You need to hire a Lawyer. The maximum sentence for a first offense DUI under Vehicle Code section 23152, is Six months in County Jail. You could also receive a two day enhancement for being over 0.15 BAC, as well as having the Court demand that you install an Ignition Interlock device for being over 0.20 BAC. In addition to dealing with the Court, you have to deal with DMV as well. You only have ten days in which to demand an APS hearing with DMV. Call an Attorney.
    Answer Applies to: California
    Replied: 5/13/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    In San Diego, the penalty for a first DUI is fine of $1K, the three-month first conviction program, and some PWS based on your high BA level (that, however, is sometimes negotiable.) Please feel free to contact our office. You need an attorney who knows how to handle DUIs.
    Answer Applies to: California
    Replied: 5/13/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    In Kansas, a first offense DUI would be a class B misdemeanor. That charge carries a sentence from 48 hrs to 6 months in jail, and fines from $500 to $1000. Usually probation would be in order with some type of DUI education classes. Possibly an administrative suspension of the driver's license and the ordering of an ignition interlock device for your car.
    Answer Applies to: Kansas
    Replied: 5/13/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If you were charged with a misdemeanor DUI, you stand a decent chance of getting some form of supervision, and of course, you will definitely have to attend and complete an alcoholic program. Because you blew almost 3 time the legal limit for DUI in Illinois, you are facing extensive counseling, probably 10 hours of remedial education in addition to 20 hours of individual/group counseling, plus a hefty fine. This is a lot better than doing 364 days in jail, or being fined $2500, the maximum fine for a class A misdemeanor. If you were charged with a felony Aggravated DUI, you will probably get probation, which is a permanent mark against you, and punishable by 1-3 years in prison. In any case, expect a statutory summary suspension of your license for 6 months, for failing the breath test. Contact an attorney, you need one!
    Answer Applies to: Illinois
    Replied: 5/13/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    It sounds like you would be administratively booked. The police will likely take your photograph and finger prints for identification purposes. Your BAC level is fairly high. I would recommend you obtain an alcohol evaluation and follow all treatment recommendations before you go to court. If you were to plead guilty to DUII with a BAC of .15 liters of breath, you would be facing at least two days in jail and about $1,800 in fines penalties and expenses. You would have to attend an alcohol victims' panel and obtain an alcohol drug evaluation. If treatment is recommended, you will be required to participate in treatment. Probably the worst consequences are a 1-year license suspension and a requirement to install an ignition interlock on whatever vehicle you would drive once your suspension is up for a total of 12 months. You may get the prosecutor to amend the DUII charge to below a .15 bac. In that situation, you would be looking at one day in jail and about $1,400 fees, costs and expenses. You would have a license suspension for 90 days and the other requirements above would also apply. Bear in mind that the Department of Licensing can and will suspend your license for a year based on your BAC level regardless of what the court does. I'm not at all sure of the facts or your case, but there is another alternative. It is called a Deferred Prosecution. Under the facts of your case, it may be prudent to go that route. You would avoid jail time and the case would be dismissed at the end of a 5-year probation. Unfortunately one can only have one Deferred Prosecution. If you can guarantee you will never drive after drinking ever, a Deferred Prosecution may be your best bet. This is a lot of information to digest so you may want to call me and give me some more details of the incident, feel free to do so.
    Answer Applies to: Washington
    Replied: 5/13/2011
    Law Office of Michael Moody
    Law Office of Michael Moody | Michael Moody
    .22% is extremely high. However, since it's your first offense, you're probably looking at 12 months probation, 24 to 72 hours in jail; license suspension for 1 year w/ temporary work permit for the first 120 days; DUI school; an evaluation by a licensed substance abuse counselor & any follow up treatment if recommended; Mothers Against Drunk Driving victim impact panel; 40 to 80 hours of community service; and a fine probably around $1,000.
    Answer Applies to: Georgia
    Replied: 5/13/2011
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    That BAC is almost three times the legal limit. Even on a first offense you may be convicted of the misdemeanor DWI and be sentenced to a year of probation. Your license will be revoked for 6 months and you will pay a $500 fine and surcharge. I have been able in some cases with a very high test like this to get an Impaired violation instead of the misdemeanor DWI, but that depends on the judge that hears the case. You will almost never do jail time on a first offense. Call me anytime for a free consultation.
    Answer Applies to: New York
    Replied: 5/13/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    A BAC of .22 is almost three times the legal limit. Don't expect any breaks from the prosecutor or the Court. The sentence for a first time DUI in Alabama is up to one (1) year incarceration and a fine of not less that $600 nor more than $2,100, plus cost and DUI school and the Victim's Impact Panel.Whether or not you have a proper defense would depend on the facts of the case.
    Answer Applies to: Alabama
    Replied: 5/13/2011
    Law Office of Thomas F. Mueller
    Law Office of Thomas F. Mueller | Thomas Mueller
    The normal penalty in Santa Clara County is: -3 years court probation -A fine of about $1900 -10 days Weekend Work Program -A 9 month counseling program It is a good idea to consult with an attorney to avoid a more serious penalty. For more info or a fee quote call.
    Answer Applies to: California
    Replied: 5/13/2011
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    You should hire an attorney since your BAC is so high. Since it is your first offense your attorney may be able to negotiate for a lower offense.
    Answer Applies to: New York
    Replied: 5/13/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    .22 is a very high BAC level. It will raise a red flag for judge and probation. You should talk to a lawyer about a deferred prosecution. You should also talk to a lawyer about getting an alcohol evaluation as soon as possible. If convicted of the DUI, you will face fines and probation (probably to include alcohol treatment).
    Answer Applies to: Washington
    Replied: 5/13/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    First, you should immediately hire the best criminal defense lawyer you can find. With a .22 reading, the DA could charge you with an aggravated DWI charge and that could go a lot worse for you than an ordinary DWI. However, if all goes well, and depending upon which county the case is pending in, you may get by with simple Probation and a fine and revocation of your license. Anything better than that will depend upon the county your case is pending in and who you get as a DA. Hire an attorney right away. Good luck.
    Answer Applies to: New York
    Replied: 5/13/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    90 day driving suspension. $600-2,100 fine, up to 1 year in jail and DUI driving school. You can expect probation, but you need a lawyer. Your BAC was almost three times the legal limit. Stay well.
    Answer Applies to: Alabama
    Replied: 5/13/2011
    Nichols Law Firm
    Nichols Law Firm | Michael J. Nichols
    That is a high BAC. It may not result in jail time depending on the judge and your entire record but it will likely result in stiff probation and license sanctions.
    Answer Applies to: Michigan
    Replied: 5/13/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    The fact that you have never been pulled over before is irrelevant. You are charged with aggravated DWI, which is a very serious crime and carries with it a mandatory sentence of 3 years of "DWI probation," which is worse than being sentenced to jail. You are in serious trouble with these charges, however there is a good chance our office can get the charges reduced or dismissed so that you can get on with your life. Call us at the below number toll free for a no cost, no obligation phone consultation.
    Answer Applies to: New York
    Replied: 5/13/2011
    Berner Law Group, PLLC
    Berner Law Group, PLLC | Jack Berner
    If you reside in Western Washington, feel free to call me to schedule a free initial consultation-either in person or by phone-about your case a.s.a.p. Depending on your prior record, you could be facing serious jail time and other consequences. Regardless, you're facing a gross misdemeanor conviction, extended probation and associated fees, SR-22 insurance requirement, Ignition Interlock requirement, fines, and jail time.
    Answer Applies to: Washington
    Replied: 5/13/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Your charged with an aggravated DUI based on the test being about .015%. It is punishable in Nebraska by a fine up to $500, one year loss of your drivers license and 7 to 60 days in jail. If you get probation you would still have to spend 2 days in jail or due 120 hours of useless public service. The headlight ticket is likely to be dismissed. You need to hire a lawyer to try and fight the matter.
    Answer Applies to: Nebraska
    Replied: 5/13/2011
    Law Office of Martin Blank
    Law Office of Martin Blank | Martin E. Blank
    Of course you should quickly hire an attorney. You can expect fines and costs from $750 to $1500 depending on the venue. You should also expect to be required to attend alcohol and driving education courses or therapy, a victims impact panel, to be ordered to perform community service or a small amount of jail time. First offenders rarely see jail time, but some judge's do mete it out. Jail time will be more likely with a .22 BAC. If you are convicted under the new super drunk law, you will lose your license of one year suspended, the first 45 with no right to drive and the remaining time with restrictions.
    Answer Applies to: Michigan
    Replied: 5/13/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    Because your BAC was 0.17 or greater, you can be charged under the new "super drunk" law. If convicted under the super drunk law you would be required to attend one year of alcohol rehabilitation. In addition your driver's license would be suspended for one year. The first 45 days would be what's called a hard suspension, no driving. After 45 days, you would be eligible for a restricted license to allow you to drive to and from work and at other allowable times. However, to get a restricted license, you would need to install and pay for a breath alcohol ignition interlock device on your car. Fines would range from not less than $200 or more than $700 plus court costs and possible jail for not more than 180 days. In addition you will have driver responsibility fees due the Secretary of State and your insurance costs will substantially increase.

    This may be a case where you initially plead not guilty and hope the prosecutor will offer a plea to a reduced charge of OWI without the enhancements of the super drunk law. Such a plea agreement would be made at the pre-trial. For more information, contact us.
    Answer Applies to: Michigan
    Replied: 5/13/2011
    The Law Offices of Mark Kotlarsky
    The Law Offices of Mark Kotlarsky | Mark Kotlarsky
    Depends on the judge and county. Usually probation before judgment or suspended sentence, classes, AA and $500 fine.
    Answer Applies to: Maryland
    Replied: 5/13/2011
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    You should contact a DWI lawyer who has specialized training in the type of testing that you submitted to be it breath or blood. The tests frequently have serious errors involved which means the test may be excluded. In terms of consequences, you are likely facing an aggravated DWI which carries mandatory jail of 3 days and a 7 day program to follow. The fact that you have no prior is of no concern to the court system, the mandatory minimum will be applied. The first court date is likely an arraignment which is where you either plead guilty of not guilty.
    Answer Applies to: New Hampshire
    Replied: 5/13/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    Depending on the circumstances, a first offense DUI can get up to 6 months in jail, a fine up to $1,000 plus penalty assessments, and up to a 9 month alcohol program, as well as other penalties. Since your past record is clear, that should help mitigate the consequences. The .22 BAC is high, and will be what is called an "enhancement" to the DUI charge. Were you pulled over only for the Headlights off issue? The consequences for this can be much less than the max numbers listed above. I would recommend consulting an attorney to discuss your case in further detail. Feel free to contact me for a free consultation if you would like.
    Answer Applies to: California
    Replied: 5/12/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    If you don't do anything to minimize the consequences, expect the following: A fine of $390 to $1000 with penalty assessment (multiplied by approximately 3-4 times), up to 6 months in jail, and attendance in a 9 month alcohol program. As a result of the court conviction, the DMV will suspend your license for 10 months, depending on the alcohol program ordered, but a restricted license may be requested. Additionally, you will receive 2 points on your driving record. And rememebr that the DMV will go after your license separately. Consider talking to a DUI specialist to explore some alternatives to pleading guilty without a fight. A lot of times the evidence that will save the day for you have nothing to do with your BAC, but rather strategy, maneuvering the system...etc.
    Answer Applies to: California
    Replied: 5/12/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    You can probably do diversion, which will lead to dismissal if you complete treatment. Or go to trial. An ordinary plea bargain is less likely to be a good idea. Talk to a lawyer, preferably one who does a lot of DUII defense.
    Answer Applies to: Oregon
    Replied: 5/12/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    In Oregon where I practice, you are probably eligible for the diversion program. Diversion is a first-time offender's program that allows you to get your DUII dismissed if you stay out of trouble with drinking and driving, complete an out-patient drug and alcohol treatment program,pay your court fees and take a class called the victim's impact panel. You do have to plead guilty to the charge though which means if you don't complete diversion you will be sentenced on the DUII charge and have to do at least a couple days in jail as well as probation, plus a 1 year license suspension, a mandatory $2000 fine and you have to do the alcohol classes all over again.
    Answer Applies to: Oregon
    Replied: 5/12/2011
    Mercado & Hartung
    Mercado & Hartung | Stephanie Hartung
    The mandatory minimum penalties for DUI in Washington State where the BAC was over .15 is: 2 days in jail, $1121.00 fine, 1 year license suspension, followed by 1 year ignition interlock device requirement, 3 years of SR-22 insurance, alcohol evaluation and any recommended treatment, attendance at a DUI victim's impact panel, and 5 years of probation. There are two components to a DUI charge. The criminal component which is the court process and the civil component which is the Department of Licensing Hearing (DOL). The DOL has the right to suspend your license for 90 days regardless of what the court does and they will do so automatically 60 days after the date of arrest unless you request a DOL hearing within 20 days of the date of arrest. The hearing is a telephone hearing and it is recommended that you have an attorney represent you at the hearing. The DUI process is a very complicated process with many requirements. It is advisable you seek legal counsel to protect your rights. I provide free consultations if you would like any further information.
    Answer Applies to: Washington
    Replied: 5/12/2011
    The Law Office of Eric R. Chandler, P.C., L.L.O.
    The Law Office of Eric R. Chandler, P.C., L.L.O. | Eric R. Chandler
    Expect no deals. Unless there are serious problems with law enforcement stopping of your vehicle, or the State has witness problems, your attorney will have a difficult time negotiating a reduction in the charge. Call a lawyer.
    Answer Applies to: Nebraska
    Replied: 5/12/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    If it is your first offense, you will charged as a first offense drunk driving. However, the BAC of .22 qualifies as "super drunk" under Michigan's new law that went into effect last Halloween. That increases the possible punishment and for all intents and purposes, a first offense will be treated like a second offense. You are facing up to 180 days in jail, $700 in fines, possible driver's license suspension up to one year, possible vehicle immobilization, participation in alcohol treatment, as well as other fines and higher insurance premiums. It is important that you seek out an experienced DUI attorney even for your first offense. Only a trained eye can evaluate police reports and lab results carefully for errors that could get your charges dismissed or reduced. The cost of an attorney will more than pay for himself in what he can save you in terms of fines, costs, insurance, license suspensions, and driver's responsibility fees. Keep in mind that most first offenders will be sentenced to some form of probation, but jail is still a possibility.
    Answer Applies to: Michigan
    Replied: 5/12/2011
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    Typically you can expect classes, fines and some probation. However, there is a range within the basic parameters and every case is different. it would be a good idea to consult with an attorney before your court date.
    Answer Applies to: California
    Replied: 2/24/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Hire a good attorney. But you might expect a stiff sentence for a BAC at that level.
    Answer Applies to: California
    Replied: 5/12/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    You are charged with the new super drunk driving law. This is a serious case and you should seek advice and representation of a local DUI attorney. I would be happy to discuss the matter with you.
    Answer Applies to: Michigan
    Replied: 5/12/2011
    Law Offices of Lawrence Wolf
    Law Offices of Lawrence Wolf | Lawrence Wolf
    Give us a call so I can explain all your options.
    Answer Applies to: California
    Replied: 5/12/2011
    West law Office
    West law Office | Russell West
    With a BAC of .22 you are looking at some pretty severe consequences. In WA state you will lose your license for 1 year, $1,120 fine, 2 days in jail, plus probation and alcohol evaluation. You may be able to get a plea bargain to reduce the charge to less than a DUI and reduce the mandatory sentence to 1 day jail, $865 fine, 90 day license suspension, and probation. Possible to better than this but with a .22 BAC the prosecution will be less likely to deal too much. In WA State there is a deferred prosecution program which will defer the sentencing date for 5 years. You need to complete a rigorous program and stay out of trouble. If successful the DUI will be dismissed after 5 years. Typically I don't recommend doing this program on your first DUI.
    Answer Applies to: Washington
    Replied: 5/12/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    What should I expect? A motivated DA intending to convict. Upon conviction, penalties include jail, fines, probation, programs, license suspension, etc. No attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, reports, testimony, priors history, etc. However, effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail, or at least dramatically reduce it, depending upon all the facts. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion program, reduction or other decent outcome through plea bargain, or take it to trial. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me. Ill be happy to help use whatever defenses there may be.
    Answer Applies to: California
    Replied: 5/12/2011
    California Criminal Defense Center
    California Criminal Defense Center | Ardalon Fakhimi
    You should consult an experienced DUI lawyer before making any final decisions regarding your case. It is important to schedule your DMV hearing within 10 days of your arrest. You have to be cautious as a .22 BAC will have an enhancement for high blood alcohol concentration. The headlight violation is not a major concern, but the DUI case should be thoroughly evaluated for possible defenses.
    Answer Applies to: California
    Replied: 5/12/2011
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    Whenever you are charged with a crime, especially if the crime involves a complicated issue, like DUI, you should hire an experienced criminal defense attorney as quickly as possible. In a DUI case there are short timelines within which certain events happen. If the officer seized your license he will submit a report and your license will likely be revoked. You have a short time to challenge that decision. The range of penalties involved with a criminal charge, including a DUI, vary according to the specific charges and the facts of the case. Your best option is to quickly hire a criminal defense attorney.
    Answer Applies to: Hawaii
    Replied: 5/12/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    It depends on what county your were arrested in and of you have priors. You will likely be offered only a plea to the charge because the BAC is so high - almost 4 times the legal limit. The DA may seek jail. I suggest you get a good lawyer. I am a former federal and state prosecutor and now handle criminal defense including DWI. Feel free to check out my web site and contact me.
    Answer Applies to: New York
    Replied: 5/12/2011
    The Law Offices of Christopher J. McCann
    The Law Offices of Christopher J. McCann | Christopher J. McCann
    In California, you can expect misdemeanor charges, and an offer that will likely include 3 years of summary probation, a fine totaling approximately $1,800, and a 9 month alcohol program. Some jurisdictions might want a short stint in jail possibly, but not usually for first time offenders without an accident. You license will be suspended for 9 months from a court conviction. In 4 counties, Los Angeles, Tulare, Alameda and Sacramento, you'll also have to install an Ignition Interlock Device on your car for 6 months.
    Answer Applies to: California
    Replied: 5/12/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    You should expect to face misdemeanor DUI charges with an enhancement that your blood alcohol level was over .20%. Typically, on a first offense, there is no jail time (beyond what you already served when arrested), but that depends on the facts of the case. The blood alcohol level (if they don't drop it) will require a longer alcohol program (9 months instead of 3). The standard fines and fees add up to around $1,900, plus the cost of the alcohol program. If this is a recent arrest, before just giving up and asking about punishment, it's always worth it to discuss the case with a criminal defense attorney. There may be issues or defenses you're not aware of. You also only have 10 days from your arrest to contact the DMV to set up a hearing to contest the suspension of your license. Talk to a local criminal defense attorney.
    Answer Applies to: California
    Replied: 5/12/2011
    Eric J Schurman, Attorney at Law
    Eric J Schurman, Attorney at Law | Eric James Schurman
    It's very important that you hire an attorney who is experienced in handling these types of cases. I would be happy to discuss your case anytime.
    Answer Applies to: Washington
    Replied: 5/12/2011
    Moffitt & Phillips, PLLC
    Moffitt & Phillips, PLLC | Brandon Moffitt
    Depends on your jurisdiction. 1st offense usually does not carry actual jail time. You should contact a local attorney to give you advice about your jurisdiction.
    Answer Applies to: Arkansas
    Replied: 5/12/2011
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