When looking at penalties, I always tell people each case is different. The basic fundamentals of what is going to happen are based upon the following DUI factors:
1. If alcohol was involved, was what your blood/breath alcohol level?
2. If drugs, illegal or prescription, what types were involved (pot, prescribed medication, herion)?
3. What is your past criminal history, if any?
4. Have you ever been arrested for a DUI before? (example, on a 3rd offense non-injury DUI, there is a legal minimum of 120 days jail and locally the number is higher, so call an attorney to see if they can help you find a alternative to jail).
5. Does this case involve an accident? If so, was anyone hurt?
6. What are the facts relating to either your pull over or why the police became involved?
7. Finally, all the other facts of your case and situation, including whether you refused any test and where your case is. (Example, if you are in front of a certain local judge and it’s a 2nd offense or greater the fine is almost doubled and it’s normally almost $2,000 on a first offense – I regularly move cases away from this judge to avoid the additional fines.
The above is why whenever someone calls me and they want to know immediately what is going to happen I usually have to ask questions first. No matter what your situation, good luck with your case.