The punishment for driving under the influence (DUI) can be serious. Those people who have never been charged with a DUI in the past are considered first-time DUI offenders. The penalties for DUI offenses increase in severity as they increase in number.
This means that a person who receives their third DUI charge is punished more than someone convicted of their first offense. Still, even for first-time offenders, the penalties can be serious. DUI laws vary according to the state where an individual is convicted. There are, however, some commonalities across the states.
A first-offense DUI is usually charged as a misdemeanor criminal offense. Although the exact definition of this offense is different in different states, a person is generally charged with a DUI in the following situations:
- If a person is stopped for the first time driving while their blood alcohol concentration (BAC) is 0.08% or above, 0.05% in Utah;
- If a person is stopped while driving when their ability to drive safely has been impaired by the ingestion of any drug or alcohol or combination of drugs and alcohol.
What Are Some Common Punishments for First-Time DUI Offenders?
First-time offenders may face a few different punishments for their crime, regardless of the state in which it is committed. However, some common punishments in many states are as follows:
- Payment of a Fine: Each state has its own range of fines. They can range from a few hundred dollars to as much as $2,000 or more. The fine imposed by the judge who imposes the sentence depends in part on the extenuating circumstances of the case. For instance, if the driver’s blood alcohol content (BAC) reaches a certain level beyond what is considered legally intoxicated, 0.08% in most states,, the fine may be higher. Many states increase penalties for DUI offenders if a minor child was a passenger in the car at the time of the offense. Having an open container of alcohol in the vehicle at the time of the offense can also increase penalties;
- Probation: This is a common penalty for conviction of a first DUI offense in some states. Time in jail is a common punishment, but many people are given probation instead of jail time for a first conviction of DUI. A person is more likely to serve time in jail for a first offense if their BAC is above a certain level, such as 0.10%.
- Jail Time: A person may have to serve jail time even for a first-offense DUI. How much time depends on the state. In some states, only a couple of days in jail may be required, but some require up to six months. A judge has discretion, with certain minimums and maximums, as to how much jail time to give;
- License Suspension: The states have a pretty wide range of how long licenses are suspended for a first-offense DUI. In some states, only a few months of suspension are given; in others, it may be six months. Extenuating circumstances can increase the amount of time of suspension;
- Drug and Alcohol Counseling or Treatment: Most states require that DUI offenders complete this type of counseling as part of their sentence. It could take the form of a mandatory stint in rehabilitation, counseling or therapy, group therapy, or other interventions depending on the exact circumstances of a person’s case;
- Community Service: This is often required of DUI offenders;
- License Suspension: A person’s driver’s license will likely be suspended after a first DUI conviction. In some states, a person’s license may be suspended automatically after being arrested for DUI. A person may be able to appeal a license suspension or have their license returned with a restriction that would at least enable a person to drive to and from work or school;
- Ignition Interlock Device: In exchange for the return of a person’s license, they could be required to use an ignition interlock device (IID) in their car. This special device measures a person’s BAC before they can start their car. It also measures their DUI periodically while the person drives.
For example, in Maryland, DUI is the more serious crime. It is charged when a driver’s breath test shows a BAC of 0.08% or more. This is called “DUI Per Se.” If a driver’s BAC is 0.08% or more, the law allows a presumption that the driver’s ability to drive is impaired. The crime of DUI can be charged if it is found that the driver has consumed enough alcohol to impair the driver’s normal coordination substantially.
In Maryland, the maximum penalty for a first-time DUI is a term in jail of up to 1 year and a fine of $1,000.
Driving while impaired (DWI) is another crime in Maryland. It is considered the less serious of the 2 offenses. It is charged if the driver’s breath test shows a BAC of between 0.07% and 0.08% or if there is a finding that the driver has consumed enough alcohol to impair their normal condition. The maximum penalty is up to 60 days in jail and or payment of a fine of $500.
In Maryland, a person’s driver’s license is suspended for a DUI or DWI conviction. The length of the suspension for a first DUI depends on the driver’s BAC as measured by a breathalyzer test as follows:
- BAC Over 0.08% but Less than 0.15%: The suspension lasts 180 days. A person may, however, get a restricted driver’s license allowing them to drive to school, work, counseling or medical appointments;
- BAC of 0.15% or More: The suspension lasts for 180 days. A person might get a restricted license, but only if they install an IID for 1 year;
- Refusal of a Breath or Blood Test: The suspension lasts 270 days. A person may get a restricted license only if they install an IID for 1 year.
In California, the punishment for a first-offense DUI is quite different. It is charged as a misdemeanor. The punishment is a term of 3 to 5 years of probation, payment of a fine of $390 to $1000, plus “penalty assessments,” which can increase the fine from $1500 to $2000. In addition, the person convicted of a first-time DUI must go to DUI school for 3 to 9 months. Their driver’s license is suspended for 6 months. Or they must install an IID. Some counties add a short term of time in jail or work release. Finally, the person has to attend a victim impact panel.
While a first-time DUI is generally charged as a misdemeanor, DUIs combined with other serious crimes, such as cases where the intoxicated driver caused an accident in which someone was injured or died, may be charged as a felony, and the punishment is more harsh.
Can I Get a Restricted Driver’s License?
This depends on the state law in which a person is convicted of their first offense DUI. Some states allow first-time offenders to obtain a hardship license to drive from home to work, school, and back. In other cases, the driver may be allowed to continue to drive if they have an IID installed in their car.
Again, as noted above, these devices use a breath test to prevent the car from starting if the driver is intoxicated. The offender has to pay the cost of purchasing and installing the device.
In What Other Ways Can a DUI Conviction Affect My Life?
A DUI conviction remains on a person’s criminal record. Should a person be convicted of a subsequent DUI, their record shows that it is not their first offense. Penalties for subsequent DUIs are more severe than those for a first offense. So, if a person should be convicted of a second or subsequent DUI, they can expect a more harsh punishment than they received for the first offense.
A person’s criminal record may also be viewed by potential employers, which could make it more difficult to find employment. It might also make it more difficult for a person to find housing.
A record with a DUI conviction also affects a person’s car insurance rates. They are going to increase, possibly a lot. A person may be required to get SR-22 insurance. This is a type of insurance that not all insurance companies offer. The ones that do usually charge higher prices.
DUIs are also very costly. In addition to any fines that must be paid and, likely, increase insurance rates, other fees are involved. The cost of an IID will fall to the offender. There may also be court costs, attorney fees, and a fee to reinstate your driver’s license. Even drug treatment or counseling may have to be paid for by the offender.
Should I Consult an Attorney for Help with DUI Laws?
Penalties for a first-time offense DUI can clearly be quite serious. A good DUI attorney can be very important. This lawyer can evaluate a case and review the evidence the police have from the time of arrest. This includes evaluating whether the arrest procedure was followed properly and whether field sobriety and other tests were properly administered.
The lawyer will understand the DUI laws in the state where the offense was committed and be familiar with the local court systems. They can use their experience to attempt to have penalties reduced for first-time DUI offenders.
