How is a sentence chosen for a first DUI offense?

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Question:

How is a sentence chosen for a first DUI offense?

Answer:

All too often, people who are arrested for a DUI offense think that because it is their first arrest they will get off light.  DUI sentencing is not as straight-forward as that, and the rules vary widely from state to state. The determination for DUI sentencing for a first offense is largely dependent on the laws that apply in your individual state.

DUI laws vary from state to state

Regardless of what state you live in, DUI sentencing may largely depend on your blood alcohol level.  While all states have a minimum of .08 BAC, some states have even lower levels, which could have a serious impact on the charges that are filed against someone accused of DUI, even for a first offense. For example, California drivers who are charged with a DUI not only may be arrested, but if they fail to file for an Administrative Hearing with the Department of Motor Vehicles, they may also lose their license automatically on the 30th day following the arrest. In Oregon, a first offense results in an immediate suspension of your right to drive for one year.

DUI Attorneys can be helpful

The laws that cover DUI sentencing are confusing and could result in jail time, loss of driving rights and steep fines. Anyone who is arrested for a DUI charge is advised to contact legal counsel immediately. It is also important to keep in mind that some states (such as Illinois) may charge a driver with DUI for being under the influence of certain prescription drugs.  None of these charges is worth the loss of freedom, steep fines and other issues that might be avoided with proper legal advice.

References:

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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