DUI DEFENSE


The Law Offices of W. Andrew Phipps handles criminal cases such as DUI/DWI (Driving under the Influence of alcohol or drugs).

Criminal Penalties include:

.
OFFENSE: PENALTY:

DUI - 1st conviction within 7 years:

BAC <.15

Jail: 1-365 days (or 15 days EHM)
Fines: $892 to $5,000 ($350 plus costs and assessments)
Ignition Interlock required for a minimum of 1 year
90 day license suspension
SR 22 insurance required for three years

BAC >.15 or refusal

Jail: 2-365 days (or 30 days EHM)
Fines: $1,042-$5,000 ($500 plus costs and assessments)
Ignition Interlock required for a minimum of 1 year
1 year license revocation for BAC over .15
2 year license revocation for refusal
SR 22 insurance required for three years

DUI - 2nd conviction within 7 years:

BAC <.15

Jail: 30-365 days inclusive AND 60 days EHM
Fines: $1,042 to $5000 ($500 plus costs and assessments)
Ignition Interlock required for a minimum of 1 year
2 year license revocation
SR 22 insurance required for three years

BAC >.15 or refusal

Jail: 45-365 days inclusive AND 90 days EHM
Fines: $1,292 to $5,000 ($750 plus costs and assessments)
Ignition Interlock required for a minimum of 1 year
2 year license revocation
3 year license revocation for refusal
SR 22 insurance required for three years

DUI - 3rd conviction within 7 years:

BAC <.15

Jail: 90-365 days inclusive AND 120 days EHM
Fines: $1,542 to $5,000 ($1,000 plus costs and assessments)
Ignition Interlock required for a minimum of 1 year
3 year license revocation
SR 22 insurance required for three years

BAC >.15 or refusal

Jail: 120-365 days inclusive AND 150 days EHM
Fines: $2,042-$5,000 ($1,500 plus costs and assessments)
Ignition Interlock required for a minimum of 1 year
3 year license revocation
4 year license revocation for refusal
SR 22 insurance required for three years

Minor DUI:
Jail: 0-90 days inclusive AND 120 days EHM
Fines: $0 to $1,000

***Note: Above-mentioned BAC readings and refusals trigger potential loss of license by administrative action from the Department of Licensing independent of any criminal prosecution.

Deferred Prosecutions: Requirements: Must suffer from alcoholism and may only do once.
Jail: 0 days
Fine: Court costs not to exceed $150
Court may impose BAC fee of $125
Ignition Interlock requirement depending on court
5 year probationary license
Probation costs to be determined by court, usually $20-$60 per Month
***Must successfully complete a 2 year treatment program and have no criminal law violations or alcohol related infractions for 5 years after entry of deferred prosecution.

Reckless Driving:
Jail: 0-365 days
Fine: $0 to $5,000
30 day license suspension administrated by D.O.L., generally begins 45 days after conviction
SR 22 insurance required for three years

Negligent Driving 1st degree:
Jail: Jail: 0-90 days
Fine: $0 to $1,000
No license suspension
No SR 22 requirement


Note: EHM means “Electronic Home Monitoring”.

Disclaimer: This information is for educational purposes only. Please consult an experienced DUI attorney for more details.