What Happens After You Get a DUI (First Offense)? (2024)

Factors That Affect Sentencing

Every state prohibits intoxicated driving, whether they call it a DUI, DWI, or OWI offense. However, the punishments for a conviction will vary widely based on many of the following factors:

Age of the Offender

Minors cannot legally drink alcohol. As a result, many states have a zero-tolerance law that prohibits them from driving after consuming any amount of alcohol. However, the sentences are often more lenient, aimed at prevention rather than punishment.

States that have these statutes are usually more lenient on underage first-time offenders. First, judges are often reluctant to send teenagers to jail with adult offenders. Second, young offenders might be more open to treatment.

For example, in Ohio, a judge must sentence first-time adult offenders to either three days in jail or a two to three-day driver intervention program (DIP). Underage offenders have no mandatory minimum sentence, allowing a judge to impose a sentence with neither jail time nor DIP upon a conviction.

Number of Prior Convictions

In most states, the sentencing chart requires a judge to look at prior convictions for DUI to determine the possible punishment for an offense. States vary in what counts as a prior conviction. Some differences may include:

• The time since the prior offense

• Whether out-of-state offenses count

• Which offenses count as prior convictions

For example, some states differentiate between a DUI and a less serious DWI or influenced driving charge. In these states, DWI might count as a prior offense for DUI sentencing even though they are different charges.

Many states only look back ten years for prior convictions. If you have an 11-year-old DUI conviction, these states will sentence you as a first-time offender, even though you are a repeat offender, due to the age of the prior offense.

Crash Outcome

States that impose lighter sentences for a first offense usually do not extend this reduction to drivers who cause car accident injuries or death. Instead, all offenders who injure or kill pedestrians, cyclists, or motorists will typically face much more serious vehicular assault or homicide charges, whether they have a prior conviction for DUI or not.

Blood Alcohol Concentration

Most states have enhanced sentences for high blood alcohol concentration (BAC). The legal limit in most states is 0.08% BAC. A state that reduces sentences for first-time convictions might still impose a stiff sentence on first-time offenders with a high BAC.

For example, a judge in Florida can sentence a first-time offender to up to six months in jail for DUI. They can increase the sentence to up to nine months in jail for a high-BAC DUI.

Aggravating Circumstances

Judges can also increase the sentence for first-time offenders based on aggravating circumstances. Many states increase the potential sentence if the driver had a child in the car when the offense occurred. Utah increases sentences for drunk drivers driving the wrong way on a road or highway.

What Are the Penalties for First-Offense DUI?

What happens when you get a DUI for the first time? States can impose many kinds of sanctions against drivers convicted of a DUI. Some common punishments for first-time offenders include:

Driver’s License Suspension

Most states require the court or the state driver’s license agency to suspend your driver’s license for everyone convicted of a DUI. First-time offenders can expect a suspension ranging from 30 days to a year or longer.

In some states, offenders can request that the court or agency restore limited or unlimited driving privileges. Limited driving privileges usually allow the driver to commute to work or school. If the driver gets caught outside those routes, they have violated their privileges.

Unlimited driving privileges allow the driver to go anywhere. However, most states only restore unlimited driving privileges if the driver agrees to install an ignition interlock device for the suspension period. This device requires the driver to pass a breathalyzer test to start their vehicle.

Jail

Many defendants wonder, “How likely is jail time for first DUI convictions?” The answer depends on your state. Some states have a mandatory minimum sentence for all offenders, including first-time offenders.

Nebraska, for example, requires all offenders to either serve probation or seven days in jail. If the court does not consider you a good candidate for probation, you must go to jail for a first offense.

Other states have no mandatory minimum for a first conviction for DUI. Alabama allows a judge to impose a fine, jail time, or both but only requires one.

Court-Ordered Treatment

Under the sentencing guidelines for some states, for your first DUI conviction, you will have to attend a substance abuse evaluation. This evaluation determines whether you require court-ordered treatment. Utah evaluates all offenders, including first-time offenders, for substance use disorder.

How to Get Out of a DUI (First Offense)

There is no one-size-fits-all defense for a DUI charge. You should contact a criminal defense lawyer to discuss your options for defending yourself from your charges. Some possible defenses, depending on your state, include the following:

• Inaccurate testing

• Medical causes for erratic driving

• Involuntary intoxication due to someone drugging you without your knowledge

If you caused a car accident, you may also face a lawsuit for any injuries or damage you caused.

Contact ComsumerShield to Learn More About DUI Sentences

DUI sentencing is different for every state and situation. Confusing sentencing rules can often make it difficult for defendants to know what to expect or whether they have received a fair plea offer. ConsumerShield helps DUI defendants understand the law and find a lawyer for representation. Contact us for a free case review.