DUI
This newsletter is intended to answer some basic questions regarding DUI cases. For more information and a more complete explanation of your rights, please call George Kililis & Associates, P.C., for a free telephone or office consultation.
1. CRIMINAL CHARGE:
DUI is usually charged as a Class A misdemeanor, which carries a penalty of up to 364 days in the county jail and/or a fine up to $2,500. However, DUI can also be charged as a felony.*
You do not have to prove your innocence. The state must prove you guilty beyond a reasonable doubt. You are entitled to a trial by jury or a “bench trial” where the judge decides.
2. SUMMARY SUSPENSION:
Your driver’s license will be suspended if you are arrested for DUI and either:
- you submit to a chemical test which reveals an alcohol concentration of 0.08 or
- you refuse to submit to a chemical test.
This suspension is separate from your criminal case and usually begins on the 46th day after your arrest.*
Length of Suspension:
- First Offense: If you are considered a first time offender your license will be suspended for:
- Three Months: If you submitted to chemical testing showing an alcohol concentration of 0.08 or more.
- Six Months: If you refuse chemical testing.
- Second Offense: If you are not considered a first time offender your license will be suspended for:
- One Year: If you submitted to chemical testing showing an alcohol concentration of 0.08 or more.
- Three Years: If you refused chemical testing.
*Important restrictions and conditions apply. Please call for complete details. |
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