First Offense DUI: Everything You Need To Know

A first offense DUI is typically a misdemeanor criminal offense. Although the exact definition of this offense can vary from state to state, you will typically face these charges in the following situations:

• If you are caught for the first time driving while your BAC is above .08% (or .05% in Utah)
• If you are caught driving while any drug or alcohol (or combination of drugs or alcohol) impairs your ability to safely operate your vehicle.

You may be charged with a first offense DUI even if you were not actually driving at the time if you were considered to be “operating” your vehicle or in physical control of it while under the influence of alcohol or other substances. And you can be charged with this offense in some circumstances even after taking legal or prescription drugs, if they impair your ability to drive.

DUI charges become progressively more serious, and the penalties become more severe, for repeat offenders. But, this doesn’t mean a first offense DUI isn’t a big deal.

The consequences of a first DUI offense varies based on many factors including the state where you live, how high your BAC was and whether there were any extenuating circumstances that made the situation worse, such as driving with a child in the car at the time of the incident.

Here are some of the possible penalties that you could face.

Jail Time or Probation

Jail time is a possibility for first-time DUI offenders although not everyone faces this consequence. Many people are given probation instead of being sentenced to jail. You are more likely to have to serve time for a first offense if your BAC was above a certain level, such as .10.

License Suspension

Your license will almost definitely be suspended after a first DUI offense. In fact, in many cases, an administrative or automatic license suspension may occur as soon as you have been arrested for impaired driving and even before a full criminal trial.

You may have the right to appeal the license suspension, or argue for a restricted license which would enable you to drive to certain places such as to work or to take your kids to school.

Ignition Interlock Device

In exchange for the return of your license, you may be required to have an ignition interlock device installed on your vehicle. This is a special device that checks your BAC before you are able to start the car and periodically while you are driving.

Drug and Alcohol Counseling or Treatment

You may be required to undergo drug or alcohol counseling or treatment after a first DUI offense. This could include inpatient or outpatient rehab, counseling, individual or group therapy or a variety of other interventions depending on the circumstances of your case.

Fines and Fees

It is very likely you will have to pay fines and fees as part of the penalties for a first offense DUI. These fines and fees could cost hundreds or even thousands of dollars.

Higher Auto Insurance Rates

Your auto insurance rates will inevitably go up after a first offense DUI. You may be required to get SR-22 insurance, which means you would need a certificate of responsibility filed with your state. Not all insurers offer SR-22 insurance and those who do usually charge higher prices.

You need to understand the different legal options available to you when you have been arrested for a first offense DUI as there may be several different ways to resolve your case.

Diversion Programs

Most states offer DUI diversion programs. These allow you to get your charges dismissed so you do not face a permanent criminal record. These programs are usually available only to first-time offenders and you may not be eligible if you are a commercial license holder or if your BAC was too high.

When you enter into a diversion program, you may have to undergo drug and alcohol evaluations, counseling and/or treatment. You may also have to submit to drug testing and pay fines and fees.

A diversion program is one of the better ways to resolve your case if you don’t think your DUI charges will be dismissed or don’t believe you will be found innocent of the offense. If you can avoid being left with a criminal record, your DUI won’t have as big of an impact on future opportunities.

Plea Bargaining

You may be able to negotiate a plea agreement for a first offense DUI. This means you agree to admit guilt to a lesser offense or to the DUI itself in exchange for the prosecutor recommending less serious penalties. In some cases, it is possible to negotiate a plea agreement where you are being charged with reckless driving instead of drunk driving.

Going to Trial

If you do not want to admit guilt or enter a diversion program, you can go to trial and try to get the judge to drop the charges or you can introduce reasonable doubt so you are acquitted (found not guilty of the offense).

Going to trial may make sense if you believe your constitutional rights were violated when the evidence against you was collected. You can ask the court to suppress the evidence or not allow it to be admitted in court. If the evidence isn’t admissible, then the prosecutor may not be able to prove their case.

If you think there are other problems with the prosecutor’s case, such as a botched BAC test or insufficient evidence collected by police, then you may also wish to try to defend yourself in court so you can avoid conviction and resulting penalties.

A first offense DUI is a serious criminal charge. You need an experienced drunk driving lawyer to represent you and help you fight to avoid the short-term and long-term consequences of an impaired driving conviction. Your attorney will guide you through every step of your case so you achieve the best possible outcome for your specific situation.