In most states, the legal penalties that result from a conviction for driving under the influence of an intoxicating substance (DUI) are prescribed by statute. Ordinarily, penalties for first time DUI offenders are lighter than those imposed on multiple offenders. Although courts are typically free to impose a heavier sentence than required under the statute, they are rarely permitted to dole out a sentence that is lighter than the statutory minimum.
Common First Time DUI Penalties
Although the legal penalties for first time DUI offenses vary from state to state, certain penalties are imposed with far greater frequency than others.
Monetary Fine
Most states require persons convicted of a first time DUI offense to pay a fine. The amount of the fine may range from as low as $200 to over $1000.
Drug and Alcohol Counseling
Typically, DUI offenders are required to enroll in Drug and Alcohol Counseling. The type of treatment program varies from inpatient rehabilitation to outpatient group therapy. Usually, participants are required to refrain from drinking and doing illegal drugs while they are in counseling, and drug tests may be required in order to ensure compliance.
Jail
Many states require that a minimum jail sentence be imposed. Often, however, the sentence will be “suspended,” which means that so long as the defendant complies with the other requirements imposed by the court they will not actually spend any time in jail. If time in jail is required, it is not uncommon for the number of days spent in jail to be lower than the court order due to overcrowding.
Probation
Probation is a way for the state to monitor a person’s behavior when they are not in jail. Because DUI convictions normally include a monetary fine and substance abuse counseling, probation is used to make sure that the defendant complies with the rest of sentence imposed. The amount of time a person spends on probation varies, but averages between one and three years. During that time, if the defendant fails to comply with any part of their sentence, probation may be revoked and the person may be sent to jail.
Revocation of Driver’s License
Driving is considered a privilege, not a right, and it is a privilege that is often revoked when a person is convicted of DUI. First time offenders usually have their driver’s license suspended for a year, and their ability to get their license reinstated may depend on whether they comply with the other terms of their sentence.
When to Talk to an Attorney
While certain DUI penalties are required by statute, many are not. Especially for a first time offender, a qualified attorney may be able to negotiate a more favorable sentence than the defendant could obtain by him or herself. It is, therefore, important to speak with an attorney as early as possible after being charged with a DUI.
