The CRIME:

Driving under the influence of alcohol so that it makes a person less safe to drive.

Having an alcohol concentration of 0.o8 % any time within 3 hours after having operated a motor vehicle.

The STATUTORY PUNISHMENT:  (This does not include license suspension issues)

1st conviction in 10 years is a misdemeanor.

  • Fine of not less than 300 or more than 1000 dollars, which cannot be suspended, stayed, or probated unless the defendant can qualify for a hardship exception.
  • Incarceration of no less than 10 days or more than 12 months, where the judge may suspend, stay or probate the incarceration at that judge’s discretion, but the offender must serve at least 24 hours of incarceration.
  • Community service of at least 40 hours.
  • Completion of a DUI Alcohol Program.
  • At the court’s discretion, completion of a substance abuse clinical evaluation, that may then recommend a substance abuse treatment program.
  • Probation for 12 months.

2nd conviction in 10 years is a misdemeanor.

  • Fine of not less than 600 or more than 1000 dollars, which cannot be suspended, stayed, or probated unless the defendant can qualify for a hardship exception.
  • Incarceration of no fewer than 90 days or more than 12 months, where the judge may suspend, stay or probate the incarceration at the judge’s discretion, but the offender must spend no fewer than 72 hours of actual incarceration.
  • No fewer than 30 days of community service.
  • Completion of the DUI Alcohol Program
  • Clinical evaluation for substance abuse, and completion of a substance abuse treatment program if the evaluation so recommends.
  • Probation for 12 months.

3rd conviction in 10 years is a high and aggravated misdemeanor.

  • Fine of not less than 1000 or more than 5000 dollars, which cannot be suspended, stayed, or probated unless the defendant can qualify for a hardship exception.
  • Incarceration of no fewer than 120 days or more than 12 months, where the judge may suspend, stay or probate the incarceration at the judge’s discretion, but the offender must spend no fewer than 15 days of actual incarceration.
  • No fewer than 30 days of community service.
  • Completion of DUI Alcohol Program
  • Clinical evaluation for substance abuse, and completion of a substance abuse treatment program if the evaluation so recommends.
  • Probation for 12 months.

4th conviction in 10 years is a felony.

  • Fine of not less than 1000 or more than 5000 dollars, which cannot be suspended, stayed, or probated unless the defendant can qualify for a hardship exception.
  • Incarceration of no less than 1 year or more than 5 years where the judge may suspend, stay or probate the incarceration at the judge’s discretion, but the offender must spend no less than 90 days of actual incarceration.
  • No fewer than 60 days of community service.
  • Completion of DUI Alcohol Program
  • Clinical evaluation for substance abuse, and completion of a substance abuse treatment program if the evaluation so recommends.
  • Probation for 5 years.

The PROBLEM:

There are so many ways that an arrest for driving under the influence can be challenged, and there are so many misconceptions built into urban legend as to what a DUI actually is.  For example, having your car keys in your hand when you are sitting in your car does not make you guilty of DUI if you are in fact, under the influence of a controlled substance.

The SOLUTION:

You need to have an experienced and fearless lawyer who will defend your rights and ensure that you are not convicted of a crime that you did not commit.  You also need to have a lawyer that will not buy into the false overcharging of individuals in order to give the appearance of a “good deal” when a lesser charge is offered.

You need to hire ROY YUNKER LAW.