A first offense operating under the influence (OUI) is a class D misdemeanor crime. The prosecution can prove you are operating under the influence using 2 different theories: a blood or breath alcohol content .08 or more or that your mental and/or physical faculties were impaired to the slightest degree by the substance you introduced into your body. The mandatory minimums for a first offense include a 90 day loss of license, a $500 fine if you took a test to determine your blood alcohol content and a $600 fine if you refused to take a test to determine your blood alcohol content, 48 hours in jail if your blood alcohol content is .15 or higher, you exceed the posted speed limit by 30 or more miles per hour, you eluded or attempted to elude a law enforcement officer, or you have a passenger under the age of 21, 96 hours in jail if you refuse to submit to a test to determine your breath alcohol content. There are additional cost unrelated to the court process which included increased insurance, a 275 day suspension for refusing to submit to a test to determine your blood alcohol content, the stigma of a conviction, loss of job, etc. Think before you drink and drive.
Criminal Defense Attorney