Maximum and Minimum Sentence for a First Time DUI Offense - The Law Offices of Travis Koon, PLLC

Posted by | May 05, 2014 | Uncategorized | No Comments

If someone is arrested for a DUI and this is their first conviction, the person faces a penalty of not less than a $500 fine or more than $1,000 plus all mandatory fees and court costs. If the driver has a blood or breath alcohol level of .15 or higher or if accompanied in the vehicle by a person under the age of 18 years, the person would then face a fine of not less than $1,000 or more than $2,000 plus all mandatory fees and court costs.

In a first time DUI conviction, the driver faces a mandatory 50 hour community service. All persons convicted of a DUI are placed on monthly reporting probation not to exceed 12 months.

If a person is arrested and convicted of a first time DUI conviction, they would face imprisonment of not more than 6 months in the county jail.

If the person has a blood or breath alcohol level of .15 or higher or if accompanied in the vehicle by a person under the age of 18 years or if the driver caused damage to the personal property, then the individual would face imprisonment of not more than 12 months in the county jail. Also, if the driver causes damage to some person or property, they would face up to a year in the county jail as well.

On a first time DUI conviction, the driver’s license revocation period consists of a minimum of 180 days revocation up to a maximum of one year.

A person who is convicted of a DUI for the first time must attend a level 1 DUI school and complete substance abuse evaluation.
On a first time DUI conviction, the person also faces a mandatory 10 day vehicle impoundment or immobilization.

If a person is convicted of a first time DUI, in some circumstances, the Court will require an ignition interlock device. The person may be required to keep that device in an automobile up to 6 months at the discretion of the Court. If the blood and breath alcohol level is .15 or above or if there’s a minor in the car, the Court must impose a 6 month ignition interlock device.

The Court is mandated by the legislature if the individual blows over a .15 or if there’s a minor in the vehicle. The Court does not have discretion to waive this under these circumstances. However, under a regular DUI scenario where the individual blows between a .08 and a .14, the Court has the discretion to impose the ignition interlock device up to 6 months.

In a DUI case, if the individual pleas, adjudication is required. The Court is prohibited from suspending, deferring, or withholding adjudication of guilt or any other mandatory sentence. However, some courts will allow a deferred prosecution program, or if some sort of issue that may be suppressed is available, or if there is a good case, then the individual may have the ability to plea to a reckless driving. However, this is completely at the discretion of the prosecuting attorney.

Before an individual accepts a plea to a DUI, make sure to fully discuss all aspects of your case with your attorney. Make sure your attorney has thoroughly explained the charges against you, your constitutional rights, and answers all of your questions. Make sure that your attorney has read the plea to you together in private and explained all parts of that DUI so that you completely understand it. Make sure that you’re satisfied with the services of your attorney, and make sure your attorney has done everything that’s been requested of him.

If you elect to enter a plea, the judge of the Court, he’ll make sure that you understand what you’re pleading to. The judge will assist in helping you answer all of your questions that you may have concerning the conditions of your plea offer.

You are required by law to have time to consider and reflect upon the charges that you face. Make sure that you have sufficient time to consider the natures of those charges, the possible defenses, and the waiver of any constitutional rights by entering a plea of guilty or no contest and to reflect upon the consequences of that plea. Make sure that you’re provided enough time to consider all the aspects of the plea. And if you have not, ask the Court for additional time or ask your attorney. In many cases, the Court and the attorney will provide you with adequate time to be able to review everything. And, in fact, the Court is required to make sure that you understand this, so make sure to answer any questions that you may have to the Court.

Understand that if you do enter a plea that you give up your right to an appeal, other than illegal sentence or collateral attack. You only have 30 days from the day in which you entered the plea to appeal.

Also, if you do not have the money to hire a private attorney, a public defender will be appointed for you. Please make sure that if you are idigent and you cannot afford counsel that you do request a public defender to represent you so that you understand fully the nature of the charges against you and all possible defenses that you may have.

Leave a Reply