What Are My Legal Options For a First Offense DUI?

If you have been arrested for a first offense DUI, it is important to understand your legal options. First of all, you will likely lose your driver’s license. You could also be required to have an Ignition Interlock Device installed in your car.

In addition, you may be subject to fines and jail time. You may also be required to undergo drug or alcohol counseling or treatment.

Fines

A DUI conviction can cost you a lot of money in fines and fees. These can range into the thousands of dollars. You could also be ordered to undergo drug or alcohol counseling or treatment, which could mean individual or group therapy sessions.

Jail time is a real possibility for first offense offenders and may last up to several days or more depending on the severity of your case and aggravating factors, like an exceptionally high blood alcohol concentration. The court may order that you install an ignition interlock device for a period of six months in all vehicles that you own or drive.

Most states have mandatory alcohol and substance abuse education programs for offenders. The programs generally include DUI classes, assessments, and treatment.

Jail time

It’s generally possible to avoid jail time for a first offense DUI, depending on the circumstances. If no one was injured, for example, or if you had a low BAC level, your lawyer might be able to help you earn an alternative disposition such as house arrest or community service.

Whether or not jail time is associated with a conviction will be determined at the arraignment hearing, which typically takes place within 24 hours of your arrest. The judge will read the formal charges against you and will allow you to enter a plea.

Some states also impose mandatory alcohol/drug abuse treatment programs for certain DUI offenders. These programs may include group or individual counseling, education sessions and AA meetings. These are often required before you can fully regain your driving privileges.

Driver’s license suspension

Your driver’s license may be suspended as soon as you are arrested for DUI. This is usually handled by your state’s department of motor vehicles (DMV).

Most first-time DUI offenses result in a six-month driver’s license suspension. You may be able to appeal this and/or request a restricted license to drive to work, school, or alcohol treatment programs. This usually requires installing an ignition interlock device on your car as well.

If you are caught driving during the time of your license suspension, you will face additional penalties, including jail time. Your insurance rates will also increase significantly. For this reason, you should hire a qualified DUI/OUI attorney as soon as possible. They can help you navigate the process and make the best decisions for your situation.

Drug or alcohol counseling or treatment

Many states allow first-time DUI offenders to apply for a restricted license that allows them to drive to work, school, and court-mandated treatment programs. In some cases, insurance may cover the cost of these treatments.

DUI-mandated treatment programs usually include several components, including education on alcohol and drug abuse and its effects, individual and group counseling sessions, and attendance at support groups. Some treatment programs also require the installation of an ignition interlock device (IID) on all vehicles driven.

Rehab is more common for offenders whose DUI involved drugs. However, a judge will only recommend rehab as a last resort and if they believe that it is necessary for your health, safety, and well-being. It is important to know that the longer you wait to seek help, the more difficult it will be to get back on track.

Diversion programs

Diversion programs allow first-time DUI offenders to avoid a conviction and stay out of jail. They also provide drug or alcohol counseling and treatment, which can help prevent repeat offenses. People who successfully complete these programs often have a greater appreciation for the need to remain sober.

Most states have diversion programs for those charged with a regular first-offense DUI. However, not all offenders are eligible. For example, judges will normally deny admission to those with a higher blood alcohol content (BAC).

A successful completion of these programs generally results in the dismissal of the DUI charges. However, if you’re not accepted into the program, or if you violate its terms (such as failing random urine tests), you will be returned to court and face standard DUI penalties.