DUI First Offense

Across the nation, it is against the law for drivers over the age of 21 to operate a motor vehicle with a blood alcohol concentration of .08 percent or higher. The penalties for a DUI may include probation, jail time, a driver’s license suspension, or mandatory alcohol counseling.

If this is your first DUI offense, you should not assume that you will get off with a light sentence because it is your first brush with the law. Depending on your state, there may be mandatory penalties. These consequences are life-altering and will affect your ability to drive, find employment, or obtain a commercial license.

In many states, a DUI offense triggers two separate cases: a civil case involving your driver’s license, and a criminal case. After failing or refusing to take a breath test, your driver’s license may automatically be suspended by your state’s department of motor vehicles, unless you request a hearing within a certain time frame. This license suspension may occur even before you are convicted in of drunk driving in a criminal court.

The laws regarding sentencing vary from state to state. In some states, a first-time DUI offender can spend up to one year in jail. There is also a mandatory minimum fine that an offender must pay. You may also be required to attend mandatory alcohol education classes and perform community service.

Some states will use your BAC level to determine your penalties. For example, in New Jersey, a driver with a BAC between .08 and .1 faces up to $400 in fines, 30 days in jail, and the loss of driving privileges for three months. However, a driver with a BAC higher than .1 percent may pay more fines, spend more time in jail, and will have a one-year license suspension.

There are other “punishment enhancements” that increase your penalties. The most common include: driving excessively over the speed limit, transporting a minor while under the influence, and causing an accident, injury, or property damage.

If you have recently been charged with a first DUI offense, a lawyer in your area can discuss your state’s DUI laws with you.An experienced defense lawyer can carefully investigate your case to uncover evidence that may be used on your behalf.

States/Abbreviations
AK	Alaska	LA	Louisiana	OH	Ohio
AL	Alabama	MA	Massachusetts	OK	Oklahoma
AR	Arkansas	MD	Maryland	OR	Oregon
AZ	Arizona	ME	Maine	PA	Pennsylvania
CA	California	MI	Michigan	RI	Rhode Island
CO	Colorado	MN	Minnesota	SC	South Carolina
CT	Connecticut	MO	Missouri	SD	South Dakota
DE	Delaware	MS	Mississippi	TN	Tennessee
FL	Florida	MT	Montana	TX	Texas
GA	Georgia	NC	North Carolina	UT	Utah
HI	Hawaii	ND	North Dakota	VT	Vermont
IA	Iowa	NE	Nebraska	VA	Virginia
ID	Idaho	NH	New Hampshire	WA	Washington State
IL	Illinois	NJ	New Jersey	WI	Wisconsin
IN	Indiana	NM	New Mexico	WV	West Virginia
KS	Kansas	NV	Nevada	WY	Wyoming
KY	Kentucky	NY	New York	DC	Washington DC