Interviewer: What are people facing for multiple DUI offenses?
Brian: Your average person will get a DUI. It doesn’t make them a bad person. They made a mistake and the first DUI is really meant to teach people a lesson. Usually, it is a slap on the hand. It can be a quite expensive slap on the hand.
It can lead to quite a lot of jail time, but it is really meant to teach someone a lesson to not do it again. The maximum sentence on a first time regular misdemeanor DUI is going to be six months in jail. There is a minimum sentence if convicted of a DUI of at least one day in jail. There’s going to be a range of fines and fees anywhere from about $1600 up to about $3600.
Counseling is always going to be involved, as well as losing your license for at least 90 days and installing the ignition interlock device on any vehicle you operate. In the grand scheme of things as far as DUI law goes, it is considered a slap on the wrist. It’s those people that don’t learn their lesson the first time—those are the ones that the slap on the wrist becomes more of a hammer to the head.
A Second DUI Can Entail 30 Days to Six Months in Jail
The sentence depends on whether or not with a second offense DUI you are lucky enough to have it charged as a misdemeanor. It will be charged as misdemeanor if: you got your license back or you are done with your ignition interlock device; you don’t have any children in the car and you only have the one prior DUI. The minimum sentence for a second time DUI is anywhere from 30 days to jail and the maximum sentence is up to six months in jail.
Again, this is on misdemeanor DUIs. Fines and fees increase. The amount of counseling very likely is going to increase. The amount of license suspension is going to increase and the amount of ignition interlock device is likely to increase.
A Second DUI Could Be Charged as a Felony and Carries Significant Penalties
For those people who are not lucky enough to have their second DUI as a misdemeanor and they’re dealing with it as a felony, hopefully it’s the first felony and they have no other felony convictions. If they have no prior felony convictions, the first aggravated DUI felony charge can entail anywhere from four months in the Department of Corrections up to 3.75 years in prison. Also, around $4500 in fines and fees, mandatory counseling, the installation of the ignition interlock device and a license suspension.
There are some people just because of their genetic make-up, they develop post-traumatic stress disorder. Unfortunately I see a lot of people who have served our country honorably deal with alcohol issues. All people despite their genetic issues, despite their post-traumatic stress disorder, any other type of medical conditions or ailments, it is important, it is imperative that people learn their lesson.
There are some people that just never do learn their lesson. I’ve had clients where I have been very concerned that what I am representing them on is their first DUI ever, but I sense they will face more in the future. People need to take advantage of the counseling.