At Daniel, Thom & Katzman, P.C. we understand that being charged with a DUI is a very confusing and unsettling experience for most people. The potential penalties can greatly change your life.

It is very important to get experienced criminal defense counsel if you are facing first-time DUI charges. Most people do not know, for example, that there are two processes involved in a DUI charge: the administrative part at the Department of Motor Vehicle which deals with your driver’s license and the criminal process which takes place in Court and involves penalties such as fines and jail time.

Will I Lose My Driver’s License on a DUI First Offense?

If you are 21 or over and you submitted to a chemical test of your blood or breath and your Blood Alcohol Level (BAC) is over .08 you will have the option to request a hearing with the Department of Motor Vehicle or DMV.

If you submitted to a breath test and the police officer took your driver’s license, you should receive an Affidavit and Notice of Revocation from the police officer. You have seven days from when you receive the Notice to request a hearing with the DMV. If you do not request a hearing,   your driver’s license will automatically be revoked after the seven days have passed.

If you submitted to a blood test, a lab will determine your blood alcohol level and if your BAC is over .08, the officer will submit the BAC along with his reports to the DMV. You will receive a letter in the mail from the DMV informing you that you have until a certain date to request a hearing or your license will go under revocation.

Contact us at 719-578-1183 or 303-795-0662 to schedule a free initial consulation

First DUIIf your license is revoked at the DMV hearing or if you did not request a hearing, the revocation will be for nine months. You will have the option of an early reinstatement of your driving privileges with the ignition interlock device after one month of no driving. If your BAC was below .150, you will be required to have the Ignition Interlock device for eight months but if the DMV receives 4 consecutive months of reports with no fails, they will send you a letter advising you that you can remove the device early. If your BAC was over .150, you will be required to have the Ignition Interlock Device for two years from the date of reinstatement.

If you refuse to submit to a chemical test of your blood or breath,  you should receive the Affidavit and Notice of Revocation from the police officer advising you that you have seven days to request a hearing. For a first time refusal,  if your license is revoked at a hearing or after failing to request a hearing, the revocation is for one year. You may reinstate after not driving for 2 months  if you install an interlock device in your car.

What are the possible penalties in Court?

The possible penalties on a DUI first offense can include five days to one year in jail and $600-$1,000 in fines. The Court may order you to complete an Alcohol Evaluation with the probation department and complete their treatment recommendations. The treatment may consist of Alcohol Education classes as well as Alcohol Therapy. You will also be required to complete Useful Public Service (usually 48-96 hours). If your BAC was over .200 there is a mandatory minimum 10-day jail sentence.

The possible penalties on a DWAI first offense can include 2 to 180 days in jail, $200-$500 in fines, alcohol education and therapy, and Useful Public Service (24 to 48 hours.)  The minimum jail sentence for a BAC over .200 also applies.

Contact us at 719-578-1183 or 303-795-0662 to schedule a free initial consulation