You can be arrested and charged with one of two DUI offenses. The first charge is levied when the driver’s mental and physical abilities to operate a vehicle safely are impaired by the presence of alcohol in their body. The second way you can be charged is for a violation of the state’s per se law in which you have a blood alcohol content of 0.08% or higher.

Upon arrest you have a window of fifteen days within which you need to arrange for a hearing to save your license with the Division of Motor Vehicles. Failure to arrange for a hearing will result in an automatic suspension of your driving privileges.

On a first DUI offense you will face a jail term of up to six months, or a fine of up to $1,150. You may also be ordered by the court to complete DUI education classes which you must pay for. Your license will be suspended for 90 days on a first offense; one year if you refuse to submit to testing at the time of your arrest.

For a second offense within five years you will face mandatory jail time; averaging 60 days to 18 months. With a proper attorney you can often times reduce the time spent in jail to less than a week and have the remainder of the jail term suspended. Second offense fines range from $575 to $2,300. On a second offense DUI education classes are mandatory and are taken at the offender’s expense. You will also face a one year suspension of your license; 18 months if you refuse to submit to testing.

If you are convicted of a third DUI offense within a five year period from two previous DUI convictions you will face fines from $1,000 to $3,000 with a jail term of up to two years. There is a mandatory minimum sentence of one year, which may be suspended after serving three months of the sentence. DUI education is required of the offender on a third offense at their expense. You will also face an 18 month suspension of your license; 24 months if you refuse to submit to testing.

A fourth conviction for a DUI in a person’s lifetime become a felony charge with a fine of up to $6,000. You also may face up to five years in jail, wherein a minimum of six months must be served. Suspended sentences are not available for fourth time offenses. The state’s DUI educational program is mandatory on a fourth offense. License suspensions for fourth and subsequent offenses are the same as listed above for a third conviction.

After an arrest for a DUI offense you have a period of seven days from the date of the arrest to arrange for a hearing with the Department of Motor Vehicles. Failure to schedule a hearing with result in an automatic loss of your driving privileges. All people arrested for DUI offenses are required to submit to chemical testing to determine their BAC. Failure to submit to testing will result in a six month minimum suspension of your drivers license.

If you fail your chemical test or refused to submit to testing your license suspension will go into effect one minute after midnight on the 31st day after your arrest. The Department of Motor Vehicles will send you a notice of suspension via mail. It’s from the date of this letter that you have seven days to arrange for a hearing to retain your license.

For a first DUI offense in Connecticut you will be facing a one year revocation of your license to drive, fines ranging from $500 to $1,000, 48 hours in jail (minimum) with a maximum of six months. The six months can be suspended with 100 hours of community services. Refusal of a chemical test will result in a mandatory 6 month license suspension.

A second DUI offense within a ten year period carries a jail term of up to two years, with a 120 day mandatory minimum. You also will be required to complete 100 hours of community services and pay a fine ranging from $1,000 up to a maximum of $4,000. Your license will be suspended for a period of three years. Refusal of a chemical test will result in a mandatory one year license suspension.

On a third DUI conviction within a ten year period you will be facing a one year minimum mandatory jail sentence with a maximum sentence of three years. You will also have to complete 100 hours of community services and pay a fine; minimum of $2,000, maximum of $8,000. Your license will be permanently revoked on a third DUI conviction. Refusal of a chemical test will result in a mandatory three year license suspension.

A person arrested for DUI in Colorado has a period of seven days from their arrest to arrange a hearing with the Department of Motor Vehicles to retain their license. If no hearing is requested within the seven day window then then person’s license will be automatically suspended.

Colorado has two different charges levied against those who are arrested for operating a vehicle under the influence; DUI (driving under the influence of drugs, alcohol, or both) and DWAI (driving while ability impaired). Driving while impaired is a lesser offense than DUI in which the driver’s BAC was 0.05% or higher.

As in some other states you can be prosecuted for driving under the influence or for a ‘per se’ offense. You are considered to be driving under the influence if you have consumed drugs or alcohol which have affected your abilities (mentally or physically) to a degree where you cannot properly control a vehicle safely or exercise sound judgement.

A per se charge is filed against those drivers who test with a BAC of 0.08% or higher. With a per se offense the only thing that matters is the BAC levels found during the chemical test. If your driving is not erratic, you pass the field sobriety test with flying colors, or your speech is normal, you can still have per se charges filed against you.

For a first offense the maximum punishments include one year in jail, a $1000 fine, a substance abuse screening, 96 hours of community services, 86 hours of alcohol abuse therapy, and substance abuse education. The usual first offense sanctions are up to two years of unsupervised probation, 48 hours of community service hours, substance abuse screening, alcohol abuse education, fines, and court costs (averaging $500). You also must abstain from drinking alcohol for a period of one year.

Second offenses have higher penalties as well as a mandatory jail sentence.

Once arrested in California for a DUI offense you have a period of ten days from the time of your arrest to request a hearing from the Department of Motor Vehicles to retain your license. Failure to have a hearing scheduled within the ten day window will result in an automatic suspension of their license on the 30th day after their arrest.

In the state of California you can be charged under one of two laws; an impairment law or a per se law. The impairment law uses the driver’s ability to operate their vehicle with the same caution as when sober to determine if the person should be charged. This is California’s legal standard for being under the influence of alcohol. To be charged with the per se law you’re blood alcohol content needs to meet or exceed 0.08%. When charged with a per se offense you only need to meet the chemical requirements. Even if you were able to drive perfectly without swerving, or being erratic, you can still be convicted of a DUI under the per se law.

For a first offense you will have your license suspended for a minimum period of four months (if you do not win your hearing with the DMV). If you refuse a chemical test you will face a one year suspension without the possibility of a restricted license. A first offense carries a jail term of up to six months, a $1500+ fine, DUI classes, and a possible six month license revocation. You also may be eligible for probation, which on average lasts for three years.

Your license will be suspended for a one year period on a second offense. Refusal of testing on a second offense will result in a two year suspension. Multiple offense DUI cases carry a mandatory jail sentence, completion of an eighteen-month alcohol education program, and you will also be required to have an ignition locking system installed on your vehicle. You may also face jail time, fines, DUI classes, ignition lock installation, or probation for a second offense.

If convicted of a third DUI offense you will face a two year suspension of your license. Refusing a chemical test on a third offense will cause you to receive a three year suspension of your driving privileges. You may also face jail time, fines, DUI classes, ignition lock installation, or probation for a third offense.

After a fourth arrest, anyone with three prior DUI offenses within the previous ten years, will face felony charges. If you injure another person while driving under the influence you also may be charged with a felony offense. Also, if you are charged with a felony DUI within ten years of a previous felony DUI you will face felony charges on the new offense.

In Arkansas police do not have to prove any specific blood alcohol content to prove common-law DUI as alcohol can impair people differently with different BAC levels. Prosecutors need only prove that you were either physically or mentally impaired at the time that they pulled you over.

Police can also prove a violation of DUI laws by proving a BAC of above 0.08%. Whether you were impaired or not is of no importance. Charges filed in this manner are known as per se and require a chemical test such as urine, breath, or blood to be proven.

The arresting officer is able to determine which type of chemical test should be taken to determine your BAC; although you can decline a blood test if you submit to either a breath or urine exam.

You have seven days after your arrest to petition the Department of Finance and Administration Office of Motor Vehicles to retain your license. Failure to contact them within seven days will result in an automatic suspension of your driving privileges.

Police will attempt to prove that you were violating DUI laws by using your driving patterns, your physical appearance, field sobriety tests, as well as chemical test results. Failure to submit to testing will result in a six month license revocation and you will not be eligible for a work permit.

A first DUI offense in the state of Arkansas carries a jail term between one day and one year in jail with a fine ranging from $150 to $1,000 (plus a $300 court fee). You can also be ordered community service rather than jail time. Your license will be suspended for 120 days if your BAC is under 0.18. You may qualify to get a restricted work permit to allow you to drive to and from your job. A DUI for drugs rather than alcohol carries a six month suspension.

A second DUI offense has a mandatory minimum jail term of seven days, a maximum of one year, and no less than 30 days of community service can replace the jail term at the court’s discretion. The fine is to be no less than $400 and shall not exceed $3,000. A court fee of $300 will be added to any fine ordered. Your license will be revoked for two years if your second offense is within a five year period from your first. One year into your suspension you can have an ignition lock installed and obtain a restricted license. Test refusal on a second offense will result in a two year revocation with no restricted license option.

Third DUI offense carry a minimum of 90 days in jail with a maximum of one year. 90 days of community services can be ordered in lieu of the jail time. The fine will be from $900 to $5,000. You will face a suspension of 30 months with no restricted license privileges for the first year of the suspension. Refusal of the chemical test on a third offense will result in a three yeah suspension with no restricted permit being available.

Fourth offense are classified as felonies. You will face from one year to six years in prison on a fourth DUI offense. You can be given no less than on year of community service in place of the prison term. The fine again ranges from $900 to $5,000. On a fourth DUI offense you will face a four year revocation. If you refuse testing on a fourth offense you lose your driving privileges for life.

If you are arrested for DUI in the state of Arizona what will you face? Will you be eligible for probation or will you be required to serve a term in jail? How long will your license be suspended for? Will you be required to have an ignition lock installed? Here are Arizona’s laws regarding DUI offenses:

DUI is classified as a Class 1 Misdemeanor while an aggravated DUI is considered a felony. An aggravated DUI offense in Arizona is one in which the driver operated the vehicle while on a suspended/revoked/cancelled license, was their third DUI offense committed within the last 5 years, or while a person under the age of 15 was present in the vehicle.

The average jail term for a first DUI offense is 24 hours to 10 days. For an extreme DUI you face 10 to 30 days. For an aggravated DUI you face a prison term which varies based on the offense and which aggravating circumstances apply.

For a second DUI offense you will most likely serve 30 to 90 days in jail. If it’s an extreme DUI expect 60 to 120 days. There’s a two year maximum prison term for a second aggravated DUI offense.

You will face a minimum fine of $250 plus an additional $1000 (half to a prison construction fund and the other half to the general state fund). For an extreme DUI the fines are higher; $250 minimum plus $250 for a DUI assessment, $1000 for the prison fund and $1000 for the general fund. For an aggravated DUI the penalties are yet higher at $750 minimum fine with $250 DUI assessment, and $1500 for both state funds.

Fines for a second offense are higher than for a first offense. $500 base fine plus $1250 for each state fund applies to a second regular DUI. The same rates apply to a second extreme DUI as well.

Offenders will be charged an 80% surcharge on top of the total fine amounts for each DUI offense as well as face a 90 day suspension of their license (for a first offense). An 80% surcharge is applied for second offenses as well. For an extreme DUI you will face a 1 year suspension; 3 years for an an aggravated offense. A second offense will mean having your license revoked for a period of 1 year for DUI and extreme DUI and 3 years for aggravated DUI.

As a first time offender in most cases you will be eligible for 5 years or less of probation (often unsupervised). For an aggravated DUI you may be eligible for 10 years or less of probation. You may also face court ordered community service hours as a condition of your probation. For second offenses you will also be eligible for probation most likely. The length of probation for a second offense is up to 5 years; 10 years for aggravated offenses.

Your vehicle may be impounded for either an extreme or aggravated DUI offense. You may also be required to undergo alcohol abuse screening and education. For an aggravated DUI this education and screening is mandatory; it’s also mandatory on a second offense.

Upon your arrest you have seven days to petition the Division of Motor Vehicles to setup a hearing to keep your license. You will face a suspension of your license when arrested for any DUI offense but in some cases can retain it or get a restricted license for getting to and from work.

For a first offense it will be classified as a Class A misdemeanor. You will be facing a maximum jail term of one year with a fine of $1,500. There is also a 90 day license suspension.

A second conviction is also a Class A misdemeanor offense and carries a jail term of up to one year. There’s a minimum sentence of 20 days in jail and a fine of $3,000. You may also be able to serve the jail term on house arrest or in a community center if the court deems it appropriate. Your license will be suspended for a minimum of one year.

A third conviction within ten years of a prior offense is a Class C felony and carries a maximum prison term of 5 years, with a mandatory minimum of 120 days. You will also have $10,000 fine and your license will be permanently suspended. Your vehicle may also be seized under a forfeiture statute. You can apply to get your license back in ten years if you can prove you had no other criminal convictions and were financially responsible.

If your third conviction is not within ten years of a prior offense the penalties are lesser. It will be classified as a Class A misdemeanor, carry a 60 day mandatory minimum jail sentence, and a $4,000 fine. You will also have your license revoked for three years.

On a fourth conviction within ten years you will be facing a Class C felony, with a mandatory minimum sentence of 240 days in jail with a $10,000 fine. The maximum jail term that you could serve is five years. You license will be permanently suspended and your car may be seized. You also might be able to get your license back in ten years if you can prove that you were not convicted of any other criminal offenses or were financially irresponsible during that ten year period.

If your fourth conviction is not within ten years of a prior offense the penalties are lesser. It will be classified as a Class A misdemeanor, carry a 120 day mandatory minimum jail sentence, and a $5,000 fine. You will also have your license revoked for five years.

In Alaska you may also be able to get house arrest with an electronic monitoring device instead of jail time. This is usually for first and second time offenders.

Alabama has two types of DUI cases you can be prosecuted for; driving while under the influence of alcohol and/or drugs, and driving while you’re physical or mental capacity is impaired by a substance.

A DUI arrest in the state of Alabama will cause two cases to be initiated against the offender.  The first case is a criminal case and the second is a civil case through the Department of Public safety wherein your license will be revoked.  You must act quickly after an arrest as you have a mere 10 days from the time of your arrest to petition DPS to arrange a hearing to keep your license.

In Alabama you also do not have to be the driver to be prosecuted for a DUI offense.  Simply being present in the vehicle is enough for an arrest in some cases.  The way the law is written simply being in the car while over 0.08% BAC, or being asleep in the car is sufficient for an arrest.

State law proscribes additional punishments to be added to a sentence for individuals who refuse to submit to testing by either blood, urine, or a breath test.  Refusing a test is grounds for an automatic 90-day suspension of you license with no option for getting a restricted license during that period.  According to state law test refusing shows a consciousness of guilt that you committed the offense.

A first DUI offense in the state of Alabama is a misdemeanor.  The maximum jail term for a first time offense is one year including a fine of up to $2100; no less than $600.  There is also a mandatory license suspension for a period of 90-days.  Defendants also will be required to enroll in and complete a court-approved substance abuse program.

Your second offense within a five year period from the first is also a misdemeanor, carrying a jail term of no less than five days and no more than one year.  You may be allowed to do 30 hours of community services in place of the five day jail term.  Second offense fines rise as well to $1,100 minimum up to $5,100 maximum.  There’s a mandatory one year license revocation on a second DUI offense and as with a first offense you will be required to complete substance abuse classes.

A third offense within your lifetime is also considered a misdemeanor.  There is a mandatory minimum jail term of 60 days up to a maximum of one year.  The license suspension is for three years and the fines increase again as well; $2,100 to $10,100.  Again there is a mandatory substance abuse treatment required.

Only after a fourth offense does the DUI become a felony.  Fourth offenses and beyond are Class C felonies with a minimum jail term of 366 days; maximum sentence is ten years.  The fines rise once again to between $4,100 and $10,100.  You will face a five year license revocation as well as be required to attend substance abuse treatment.

Alabama also can require you to have an ignition locking system installed to require a breath test before being permitted to operate your vehicle.

Usually, BAC limits for drunk driving are arrived at when the alcohol in our blood stream reaches .08. This happens after about 2 drinks for a woman and about 4 drinks for a man. At that level, drunk driving incidents are probably 11 times more dangerous and more likely to have occurred. However, the million dollar question here is not whether you can drive after breaching the legally defined BAC limit. The question you need to ask yourself is whether you are fit to drive even before you are legally caught for drunk driving!

You might be shocked to know that your faculties start becoming woozy after even one drink. You might be a drink veteran and die-hard drinker who thinks you can you’re your drinks, however, after one drink you lose a bit of judgment. You also notice a decline in sight faculties because then you cannot accurately track a moving object and you also cannot multi-task.

Half way there, at 0.05 levels, you will lose control over your small muscles, lose the ability to handle the steering wheel accurately, your alertness levels are lower and inhibitions are somewhat lost.

At the brink of the legal cut-off for drunk driving, the alcohol levels in your blood stream should be about 0.08. Now, you have poor muscle control which means you have little or no control over your speech, your behavior, and your eye sight. Your reactions are sluggish and hearing is impaired. Which means you are an ideal case for a drunk driving accident since you obviously cannot control a vehicle properly.

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