First Offense
Without any aggravating factors, a first offense for DUI, will usually include:
- three years of informal probation (no probation officer involved)
- attendance in a licensed alcohol school program (3, 6, 0r 9 months, depending on alcohol level)
- $390 fine, plus penalty assessments (or community service/labor, in lieu of fine)
- court fees
- up to six-months of county jail
- installation of ignition interlock device (IID) for 6 months
Second Offense
Without any aggravating factors, and within 10 years of suffering a prior DUI, a second offense for D.U.I. will usually include:
- five years of informal probation (no probation officer involved)
- attendance in a 18-month licensed alcohol school program
- $500 fine, plus penalty assessments (or community service/labor, in lieu of fine)
- court fees
- minimum 96 hours in county jail, or up to one year
- installation of ignition interlock device (IID) for 12 months
Third Offense
Without any aggravating factors, and within 10 years of suffering two prior DUI’s, a third offense for D.U.I. will usually include:
- five years of informal probation (no probation officer involved)
- attendance in an 18-month licensed alcohol school program
- $500 fine, plus penalty assessments (or community service/labor, in lieu of fine)
- minimum 120 days in county jail, or up to one year
- installation of ignition interlock device (IID) for 12 months
Fourth Offense
Without any aggravating factors, and within 10 years of suffering three prior DUI’s, a fourth offense for D.U.I. may include:
- three to five years of formal probation (probation officer involved)
- attendance in an 18-month licensed alcohol school program
- $500 fine, plus penalty assessments (or community service/labor, in lieu of fine)
- one year in the county jail
- installation of ignition interlock device (IID) for minimum 12 months
or,
- denial of probation, and 16 months, 2 years or 3 years of state prison
It is important to recognize that the above listed penalties reflect generally, the minimum and maximum penalties. What penalties are actually imposed in a given case will vary not only county to county, but courthouse to courthouse, courtroom to courtroom, and prosecutor to prosecutor. These discrepancies in punishment often lead to defendants being treated differently and unfairly from others who have committed the same offense with very similar factual circumstances. However, a knowledgeable attorney may be able to apply his experience and “creative” abilities that are effective in other courts to the case at hand, and thereby affect a reasonable and manageable outcome for the client.