It is important to know that the penalties for a DUI charge are dependent upon a number of different factors. These factors can increase your penalties and land you in serious legal trouble. Read on to learn more.
First offense penalties
If you are pulled over for a DUI and you are over the age of 21, this is your first offense, and you have a BAC of .08-.09%, you may face the following consequences:
- Up to 30 days of incarceration
- 3-month loss of license
- $1000 fine per year for 3 years
- 12-48 hours in the Intoxicated Driver Resource Center (IDRC) and related fees
- A $250-$400 fine
- A $100 Alcohol Education and Rehabilitation Fund fee
- A $100 Drunk Driving Fund fee
- A $75 Neighborhood Services Fund fee
What might impact my DUI charges?
Numerous things can increase and/or alter your penalties, including:
Repeat offender
Your DUI charges are tiered. This means that each time you receive a DUI, your penalties increase. This is because a second or third DUI indicates that you have not learned your lesson and are continuing to break the law and endanger yourself and others. This can result in:
- Up to 90 days in jail
- 2-year loss of license
- $1000 yearly surcharge for 3 years
- 12-48 hours in the Intoxicated Driver Resource Center (IDRC) and related fees
- A $500-$1000 fine
- A $100 Alcohol Education and Rehabilitation Fund Fee
- A $100 Drunk Driving Fund
- A $75 Neighborhood Services Fund
Your BAC
Your blood alcohol concentration (BAC) can play a major role in your DUI consequences. A BAC of .10-.15% can result in what is known as a High BAC DUI. This can result in additional criminal charges, such as reckless driving. The consequences for a high DUI BAC include:
- Jail time up to 30 days
- 7-12 month license suspension
- A $1000 surcharge for 3 years
- 12-48 hours in the Intoxicated Driver Resource Center (IDRC) and related fees
- A $300-$500 fine
- A $100 Alcohol Education and Rehabilitation Fund fee
- A $100 Drunk Driving Fund fee
- A $75 Neighborhood Services Fund fee
Your profession
If you have a commercial driver’s license (CDL), the rules when it comes to driving under the influence are even stricter. For example, someone with a normal license can receive a DUI for having a BAC of .08% or higher. However, if you have a CDL, you can receive a DUI for a BAC of just .04%. This can have a major impact on your livelihood and result in:
- Up to 30 days in jail
- 3-month license suspension on your standard driver’s license
- 1-year commercial driver’s license suspension
- Up to 48 hours at the IDRC
- High fines
If you are facing DUI charges of any kind, our firm will fight for you. Reach out today to discuss your case.
Contact our experienced Red Bank firm
If you require strong and dedicated representation for any family law, criminal defense, business law, real estate law, or estate planning matter, contact The Law Offices of George J. Mardinly to schedule a consultation.