First time DUI over .2
My husband was pulled over for weaving and is being charged with DUI & DUI per se. He did the blood test at the hospital instead of the breathalyzer. His lab report indicates that his BAC was .211. He didn't get into an accident, has had no prior driving infractions or DUIs in 14 years of driving, no prior criminal record, and cooperated with the police. He knows he made a big mistake and has since began an outpatient treatment program for alcohol addiction and goes to AA meetings. Assuming his blood test is correct, what, in your professional opinion, can he expect to come out of criminal court and DMV hearing? Thanks for your help.
1 Answer from Attorneys
Re: First time DUI over .2
Much of this depends on the jurisdiction, but:
DMV will suspend his license for 3 months unless he can win the DMV hearing. This can happen. You must request DMV hearing within 7 days of notice of suspension, in person, at a DMV office. Do not request that the officer be present. Your husband will be able to keep his license until the date of the hearing. I cannot tell you if we can win the hearing without the DMV affidavit and packet. If we win the DMV hearing, then he will not lose his license at all based on driving with BAC over .1. (possibly on points as explained below)
The criminal case will likely be pled to a DUI or DWAI, but he will have to spend 10 days in jail or a jail alternative like home detention. He will be given 2 years probation, an Alcohol evaluation and follow up treatment, 60 hrs of public service, fines fees and costs of about $500. A DUI carries 12 points and can result in further suspension of his license, but often I can get a probationary license allowing him to drive to work and for household errands. (only for a points suspension, not for the 3month DMV suspension above)
check out my website for more information on DUIs - www.jasonsavela-law.com
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