
It’s called “drunk driving,” but you don’t have to be drunk to go to jail or lose your license. A blood test reading of .08% is enough to get convicted. For someone under 21, it’s only .02%.
First-time convicted, except for those under .10%, go to jail for 2 or 3 days minimum – mandatory. Second-time convicted of .10% and up go to jail starting at 30 days minimum to 90 days minimum – mandatory. Third-time convicted over .10% go to jail starting at 90 days minimum. If you’re .16% or over, it’s 1 year in jail, minimum – mandatory. These 1 year sentences can go to state prisons.
All first-time convicted over .10%, or second-time or above convicted will lose their license for at least a year – mandatory. If you’re convicted driving under this suspension, there is a minimum 60 day prison sentence – mandatory; a $500 fine – mandatory; and another year lose of license – mandatory.
Fines, evaluations and alcohol safety school are mandatory for all convictions.
To avoid these penalties I will look to see whether the police had a right to stop you, whether they followed proper arrest procedures, and whether the machinery used to test you was accurate.
Even if it doesn’t look good, there are programs to avoid jail, extensive license loss and a criminal record. Jail sentences can be served on house arrest, work release or week ends.
"Drunk driving" is no joke. The law takes it seriously. So should you.
If you have been arrested or charged with a criminal offense, you need a good lawyer. At the Law Offices of Andrew F. Schneider, all matters involving your freedom and good name are taken very seriously. We provide experienced, effective criminal defense.