My son was arrested for Dui. He's 18. He did not blow, but did do the field test. His first offense . What could he possibly be facing?
Up to 12 months supervised probation, An adjudication of guilt (which means he has a permanent criminal record, DUI School level 1, Alcohol evaluation and any recommended treatment, Victim's Awareness Program, $500 - $1,000 fine, 10 day vehicle impound or immobilization, 50 hours of community service, 6 month - 12 month Driver's license suspension, court costs. These are the mandatory penalties if convicted. Non-mandatory but optional penalties include up to 180 days in jail, and the installation of an ignition interlock device on his vehicle. He will also have an administrative suspension of his driver's license from the DMV. An experience local DUI defense attorney can help him in both the criminal and administrative cases. You should call and speak with several local attorneys and pick one you feel confident will fight for your son. Good Luck.
DUI's carry mandatory sanctions if your son is convicted or pleas to a DUI. By statute, the minimum the Court would : Adjudicate him guilty (which will give him a criminal record for the rest of his life without the possibility of expunging it), 12 months of supervised probation, $500.00 fine plus court cost, DUI Counter Attack School, Victim Awareness Program, 50 hours of community service, 10 day vehicle impound and 6 months driver license suspension. This is the bare minimum the Court can do. You son could also be sentenced up to 6 months in county jail, but usually on a first time DUI as long as there is nothing egregious about it, there is no jail time.
Also your son could lose his drivers license for 12 months through the Department of Highway Safety and Motor Vehicles. Your son needs to consult with a DUI attorney, as he is facing lifelong consequences if convicted. Furthermore a DUI attorney can fight to try and keep DHSMV from suspending his license. Please keep in mind for DHSMV purposes your son only has 10 days from the date of arrest to request a formal review hearing to contest his license being suspended for one year. If he does not request it within those ten days, DHSMV will automatically suspend his driver license for one year.
First, there is only a very small likelihood he will go to jail, so long as no one was hurt. He could get up to 6 months in jail, 1 year probation, $1000 fine, DUI school, 50 hrs community service, and 6 months loss of DL, plus the car could be impounded for 10 days. Except for the jail and fine, these are minimums. The minimum fine is $500.
Having said that, you need to seek out very competent legal counsel and get some counseling for your son. Your son may have many defenses and may be able to avoid a conviction. As to the counseling, he is young and has, hopefully, a long life ahead of him. If he continues to drink or engage in other inappropriate behavior, it will not be a happy life, as he could spend a lot of it in government apartments with bars on the windows and doors. Good luck.
As four fine Florida lawyers have told you, he is facing relatively severe penalties, if he is convicted. It will depend on all the facts.
He needs a good DUI / OWI / DWI / drunk driving defense lawyer, now.
If any answer on AVVO helps you, mine or someone else’s, please mark it as "helpful" or "best answer" to help AVVO know which answers to show others.
--- Experienced DUI/DWI/OWI/Drunk Driving Lawyer in Madison, Wisconsin
--- Facebook Page Madison (Dane County) Wisconsin Drunk Driving / OWI / DWI / DUI Lawyer
--- Field sobriety "tests" – Madison (Dane County) Wisconsin DUI / DWI / OWI / Drunk Driving lawyer
--- Drugged Driving/DUI/DWI/Drunk Driving with Prescription Drugs – Madison (Dane County) Wisconsin
--- Which Offenses Count as Priors in Wisconsin? - Madison Dane County Wisconsin DUI OWI Drunk Driving Lawyer answers
--- Ten Days to Save Your License - Administrative Suspension and Refusals in Madison (Dane County) Wisconsin
Confidential information should not be disclosed in this Internet forum.
I am an experienced Wisconsin drunk driving (DUI/OWI/DWI) defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you.
If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.
To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.
This AVVO Answer is provided for general educational purposes only.
See “more” link below for more important information about this answer and AVVO.
Get free answers from experienced attorneys.
24,185 answers this week
2,447 attorneys answering
Don't speak legalese? We define thousands of terms in plain English.Browse our legal dictionary