Traffic Tickets, Warrants, DUI’s, Domestic Batteries, Misdemeanors and Felonies.  We do it all.  Dan Potucek is an experienced Criminal Law Attorney who can help you in all of your Criminal Law matters.  If avoiding jail and getting the lowest fine possible is what you want, call or email Dan Potucek today to move on with your life

Frequently Asked Questions about DUI’s

How can I get a DUI?  
Driving with a blood alcohol level of .080

What happens if my blood alcohol level is much more than .080? 
There are greater penalties

What if my blood alcohol level is less than .080? 
You can still be prosecuted for reckless driving.  The penalties are less

How does a Police Officer know what my blood alcohol level is? 
Two tests may be administered by a Police Officer:  Blood or Breath.  You can choose which test you want.  However picking one of the tests is mandatory.  Otherwise the Police Officer will choose for you

What are the penalties for a DUI?

First Offense:  The first offense is a misdemeanor

• Jail Time:  2 to 6 months
• Minimum Penalties:  2 days in jail or 48-96 hours of community service
• Fines:  Minimum $400 fine
• Fees and Classes:  $60 chemical fee, DUI School and Victim Impact Panel Class
• Exceptions:  If your blood alcohol level is .180 or more if you are 21 years old, you must have to pay to have an Alcohol Evaluation done
• Big Exception:  You killed someone or they suffered substantial bodily harm.  Felony (Also See Third Offense for Penalties)

Second Offense:  Still a misdemeanor.  If incurred within 7 years of the first offense, considered a “Second Offense”.  If incurred in over 7 years, considered a “First Offense”

• Jail Time:  10 days to 180 days
• Fines:  $750 to $1,000
• Additional Fees and Classes:  Must pay $100 to have an Alcohol Evaluation done

Third Offense:  Felony

• Jail Time:  1 to 6 years in prison.  Probation available in some circumstances
• Fine:  $2,000 to $5,000
• Also applies if you killed someone or they suffered substantial bodily harm. 
  Probation not available.  Must serve 2 to 20 years in prison for each injury or death

What if I have a DUI in another state?  It is still counted as a prior offense

Will I lose my license?  Yes

• First Offense or if blood alcohol level is .080:  90 days
• Second Offense:  1 year
• Third Offense or where death or substantial bodily harm is present:  3 years
• Exceptions:  Once you have served half the revocation time, you can apply for a license to go to work

What happens if I drive with a revoked license due to a DUI?

• Jail Time:  30 days or 60 days in house
• Fines:  $500 to $1,000
• Drivers license revoked
• Reinstatement fee and must take test required to get license back
• Maintain a SR-22 (additional insurance) for 3 years