You’ve been hit with a repeat DUI offense. The first thing you want to know after “What will my bail be?” is “What am I facing?”
Repeat DUI and DUAC offenses mean harsher sentences—and more time on administrative license suspension and ignition interlock. Let’s look at what you’re facing in sentencing, if you can’t win the case with the help of a trained DUI/DUAC defense lawyer.
Here’s What “Repeat Offense” Means
- How repeat offenses are measured. If you are convicted of DUI or DUAC, you are subject to a potential repeat offense for DUI/DUAC charges occurring within 10 years of the date you got arrested for that offense. For example, say you got arrested for DUI first offense on June 1, 2012. You get convicted in 2013. After your conviction, if you get arrested for another DUI/DUAC on or before June 1, 2022, it will be a second offense.
- No DUI or DUAC distinction. For repeat offenses, the law treats DUI and DUAC the same. If you get convicted of DUI, a DUAC charge within the 10-year limit will be a second offense.
Here Are the Criminal Penalties for Repeat DUI/DUAC Offenses
Remember, these are only the criminal penalties. You’ve got a lot more to worry about besides just this, including—but not limited to—expensive SR22 auto insurance and ignition interlock.
The key element is your blood alcohol concentration (BAC) when you were arrested. You will recall that you’re considered to be an impaired driver if your BAC measures .08 or more. Your BAC—or your refusal to submit to testing—will determine the possible penalties you face, as follows:
DUI/DUAC Second Offense Criminal Sentences
- Refusal or BAC .09 or less: A fine of $2,100 to $5,100 (when court costs and assessments are added, the total will be around $4,200 to $10,200) and mandatory minimum of five days in jail, up to a year.
- BAC .10 to .15: $2,500 to $5,500 fine, meaning around $5,000 to $11,000 after court costs and assessments, and mandatory minimum of 30 days in jail, up to two years.
- BAC .16 and up: $3,500 to $6,500 fine, meaning around $7,000 to $13,000, and mandatory minimum of 90 days in jail, up to three years.
DUI/DUAC Third Offense Criminal Sentences
- Refusal or BAC .09 or less: $3,800 to $6,300 fine, which after court costs and assessments becomes about $7,600 to $12,600, and mandatory minimum of 60 days in jail, up to three years.
- BAC .10 to .15: $5,000 to $7,500 fine, meaning around $10,000 to $15,000, and mandatory minimum of 90 days in jail, up to four years.
- BAC .16 and up: $7,500 to $10,000 fine, meaning around $15,000 to $20,000 total, and mandatory minimum of six months in jail, up to five years. There is no community service option.
DUI/DUAC Fourth Offense (and Beyond) Criminal Sentences
- Refusal or BAC .09 or less: Prison, a mandatory minimum of one year, up to five years.
- BAC .10 to .15: Prison, a mandatory minimum of two years, up to six years.
- BAC .16 and up: Prison, a mandatory minimum of three years, up to seven years.
Repeat offenses are handled in General Sessions court, the highest state trial court where the most serious offenses are handled.
Are You Frightened Yet? You Should Be
This is not the time to go it alone. You need an experienced lawyer who regularly handles the defense of DUI and DUAC cases to give you the best possible shot at winning the case—and if you can’t win, get the most lenient sentence possible.
If you have other questions related to your DUI case, check out our free report or call us at (888) 230-1841 or (864) 582-0416 right where you are so we can schedule a free meeting to start building your defense.