Forest Acres DUI Lawyer

It is against the law to operate a motor vehicle while under the influence of drugs or alcohol in Forest Acres. The potential penalty for a conviction for driving under the influence (DUI) depends on whether a particular defendant has had similar conviction in the past as well as the particular blood alcohol concentration (BAC) level of the defendant at the time of the arrest. It could also depend on their ability to complete community service.

If you find yourself facing a charge for driving under the influence, a Forest Acres DUI attorney is your best resource. A determined criminal defense attorney may help you receive the most favorable outcome in your case, which could possibly mean that you serve no jail time at all. To learn about how to protect your rights, speak to a skilled attorney as soon as possible.

First Offense

Upon a person’s first conviction, the standard penalty is a mandatory minimum of 48 hours to 30 days in jail and a fine. This jail term could be replaced by 48 of public service at the discretion of the court. The court may not compel a defendant to complete the public service instead of the jail time, meaning that if a defendant preferred to complete their sentence by spending 48 confined in the county jail, they have the right to do so.

This punishment scheme applies to a person whose BAC is above 0.08% but less than 0.10%. If a person’s BAC is between 0.10% and 0.16%, the punishment will be automatically increased to 72 hours of mandatory minimum imprisonment or public service and a $500 fine if convicted.

A defendant whose BAC was greater than 0.16% at the time of arrest will, if convicted, spend a mandatory minimum of 30 days in jail and up to 90 days in jail. Again, this could be replaced by up to 30 days of public service.

Second Offense

If convicted for a second DUI, a person will face a mandatory fine of $2,000 and a mandatory minimum of five days in jail. The maximum period of confinement that can follow a second DUI conviction, assuming a BAC of less than 0.10%, is one full year. This fine can be suspended by the court in the amount of $1000.

If a person’s second DUI conviction involves their BAC being between 0.10% and 0.16% at the time of arrest, the mandatory minimum fine is increased to $5,000, and the maximum imprisonment sentence is increased to up to two years.

A second DUI conviction with a BAC over 0.16 triggers a mandatory $3,500 fine and a minimum of 90 days in jail. The maximum penalties in such a case are three years in prison and a fine of $6,500.

Third Offense

A third DUI conviction carries a minimum sentence of 60 days in jail and a fine of $3,800. The maximum penalty for a third conviction of a standard DUI is three years in prison and a $6,300 fine.

A BAC of 0.10% to 0.15% at the time of arrest will increase the minimum sentence to $5,000 in fines and ninety days in jail. The maximum under such conditions is four years in prison.

In the instance of a third DUI conviction involving a BAC of over 0.16%, the minimum sentence will be six months and a fine of $7,000. The maximum, in this case, is five years imprisonment and a $10,000 fine.

Fourth or Subsequent Offense

A fourth or subsequent DUI conviction will result in one year of imprisonment and up to five years in a state prison. If the defendant’s BAC was 0.10% to 0.16%, the minimum jail term is raised to two years, and the maximum is raised to six years. For a BAC above 0.16%, the minimum jail term is three years.

Following any charges of DUI, individuals should speak to a knowledgeable Forest Acres DUI lawyer to learn about how they may be able to avoid jail time and how to possibly reduce the charges.

Call A Forest Acres DUI Attorney

A conviction for DUI can lead to severe consequences in Forest Acres. In some cases, a prison sentence can even result from a DUI charge. Do not let this happen to you. Understand your rights. Understand your options. Call a Forest Acres DUI attorney if you have been are charged to begin working on your defense.