Driving Under the Influence (DUI)
DUI
The Driving Under the Influence (DUI) Law creates a tiered approach toward DUI enforcement and treatment, and includes penalties, terms of suspension, fines and other requirements. The combination of an individual’s Blood Alcohol Content (BAC) level, and prior offenses, determines the licensing requirements and penalties. The law focuses on treatment for first-time DUI offenders, rather than strictly punishment and suspension.
There are now three levels of DUI:
- General Impairment (.08 to .099% BAC)
- High BAC (.10 to .159% BAC)
- Highest BAC (.16% and higher)
Under the DUI law minors, commercial drivers, school vehicle or bus drivers, and offenders involved in an accident that injures someone or causes property damage may be subject to the high BAC penalties even if their BAC is not in the high category. Offenders who refuse breath or chemical testing may be subject to the highest BAC penalties.
The penalties associated with DUIs are serious and can have a lasting impact on your life.
License Suspensions
Suspensions will be imposed as follows:
- BAC below .10% and incapable of safe driving: No suspension for first offense if the driver meets certain criteria; 12-month license suspension for second or subsequent offense.
- BAC greater than or equal to .10% and less than .16%: 12-month license suspension for first and second offense. 18-month suspension for third or subsequent offense.
- BAC greater than or equal to .16%: 12-month license suspension for first offense. 18-month suspension for second or subsequent offense.
- Out-of-state DUI convictions: No suspension for first offense; 12-month license suspension for second or subsequent offense.
-Effective February 1, 2004
We can help you. The laws surrounding DUIs and related offenses are complicated. If you have been charged with a DUI do not hesitate to call Aaron & Merwin, P.C. immediately.