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DUI
FIRST OFFENSE |DUI
SECOND OFFENSE | AGGRAVATED
DUI | DUI
FAQ
DUI
(First Offense) - Misdemeanor
Definition:
DUI
means you were driving or in actual physical control
of a motor vehicle and
that either (1) your ability to drive was impaired to
the slightest degree by alcohol or drugs; or (2) you
had a breath or blood alcohol concentration (BAC) of
more than .08 within two hours of driving; or (3) you
had the metabolite of an illegal drug in your system.
Possible
Sentence:
- Mandatory
jail sentence of ten (10) days. Nine (9) of the days
can be and usually
are suspended by the Judge if you successfully complete
an alcohol screening (see #4).
- Fine
of approximately $450.00.
- License
suspension of ninety (90) days (1 year if due to illegal
drug).
Can be modified to thirty (30) days suspended plus
sixty (60) days restricted driving. License suspension
may
involve separate hearing at DMV. This hearing must
be requested in writing within fifteen (15) days of
arrest.
If you refuse to take the type of test requested by
the officer your driver’s license is automatically
suspended for 1 year.
- Alcohol
Screening. One hour meeting with alcohol counselor
who may recommend
counseling,
education or treatment.
Options:
- Jury
Trial
- Plea
to minimum sentence:
-24 hours in jail
-Fine of approximately $450.00
-Alcohol Screening
-License Suspension (if not already
suspended by MVD)
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