EVEN IF you decide not to petition for Deferred Prosecution, and if you are subsequently found guilty of the offense charged, some of the fine or jail sentence may be suspended on condition that you seek and obtain treatment for your alcohol, drug or mental problem. Also, you may always seek treatment from public or private agencies at any time without regard to whether or not you are found guilty. In addition, you are advised that if you are found guilty, the Court or Director of Licenses may still require you to enter and complete a treatment program even if you do not petition for Deferred Prosecution.
If you wish to investigate the advisability of petitioning for Deferred Prosecution, tell the Judge when you are arraigned, and you will be referred to a state approved alcohol (or drug or mental health) evaluation agency, and your case will be continued (postponed) to allow time for an evaluation to be made. After the evaluation is completed, you can decide whether or not you wish to enter the Deferred Prosecution program, or proceed to trial on the charge.
THE MAXIMUM PENALTIES FOR CONVICTION OF DUI (driving or being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or drugs) ARE $5,000.00 FINE AND ONE YEAR IN JAIL. ALSO, THE DIRECTOR OF LICENSES WILL SUSPEND YOUR DRIVING PRIVILEGE (LICENSE) FOR UP TO “FOUR” YEARS, DEPENDING ON YOR PRIOR DRIVING RECORD. THERE ARE CERTAIN PENALTIES, AS FOLLOWS:
If at the time you were arrested for this offense you had within the preceding seven-year period:
not been arrested for a DUI which resulted in a conviction or deferred prosecution (“first offense”):
and your alcohol concentration was under .15°: 1 day jail, $823 fine, license suspension for 90 days.
and your alcohol concentration was .15 or above, or you refused a test: 2 days jail, $1,078 fine, license revocation for 1 year, ignition interlock requirement for 1 year.
been arrested once for a DUI which resulted in a conviction or deferred prosecution (“second offense”):
and your alcohol concentration was under .15° : 30 day jail and 60 days Electronic Home Monitoring (EHM), $1,078 fine, license revocation for 2 years, ignition interlock requirement for 1 year.
And your alcohol concentration was .15 or above, or you refused a test: 45 days jail and 90 days EHM, $1,503 fine, license revocation for 900 days, ignition interlock requirement for 1 year.