8 Worst States for Getting Charged with DUI - Criminal Law Legal Blogs Posted by Arkady Bukh - Lawyers.com

8 Worst States for Getting Charged with DUI

What state is the worst one in which to get a DUI? The answer depends on if you have more time or money. While getting a DUI, and the penalties it brings, are never a walk in the park, these 8 states will easily make you wish you had never ordered that last drink before you drove away.

Arizona

Convicted of DUI in Arizona with a blood alcohol content of .08% or higher? Then be prepared to shell out some big dollars, even on your first offense. You’ll be required to get an ignition interlock device on your vehicle and you’ll have to pay the rental fee for the divorce as well as the monthly maintenance fee.

Get a DUI with a BAC of .20 percent or greater and the state will label you as “super extreme” and you’ll have free room and board in the jail for 45 days — and it’s a penalty that cannot be suspended by the judge.

Arizona laws surrounding DUI get tougher every year, so if you plan on getting one now is the time before the New Year — and the new laws — come in.

California

That DUI that you thought was so bad in Arizona will turn your life on its head in California. Getting a DUI in California and you’ll be looking at two separate cases with which to deal.

DMV – You have ten days from the date of your DUI arrest to request a hearing with the DMV. Failure to do that will result in the automatic suspension of your license.

Court – As if the DMV situation wasn’t bad enough, the court will charge you with violation of two statutes

  1. California Vehicle Code Section 23152(a) & (b) will determine if you were under the influence of alcohol or drugs.
  2. The second count will review your BAC. It doesn’t matter if you passed step one and weren’t driving eradically. If your body chemistry says you were over the limit, you’re toast.

Any penalties you receive from the court will be separate from what DMV can do. The court can lock you up and fine you and DMV can suspend the license for up to three years.

Florida

Party to hard in the Sunshine State and you could be looking at as much as a 3rd degree felony.  On top of the jail time and hefty fines, your license could be suspended for up to a year — for the first offense. Then there’s DUI school, which you have to pay for, and see your vehicle impounded for 10 days.

Illinois

Illinois is one of the more aggressive anti-DUI states and get arrested in Lincoln’s home state you’ll join over 50,000 people that get arrested each year.

If a police officer pulls you over for a moving violation and then finds out your BAC is over .08 percent, the officer is empowered to immediately suspend your license for six months. Don’t worry, you’ll be given a receipt that will allow you to stay behind the wheel so you can drive home from jail, post bond and make the arraignment, but on the 46th day after your arrest, the suspension goes into effect.

If you want to refuse to be tested after a DUI stop, then the penalties get worse. Flatly refuse the test and your license is suspended for one year. If you’re asked a second time and still refuse, your license is gone for three years. And that’s even before you’ve gone to court.

Illinois estimates that the cost of a first DUI is north of $14,000. The money – which you pay – goes to bail, bonds, attorney fees and fines as well as treatment programs and court-mandated assessments. Manage to stick around Illinois long enough and take home your fourth conviction, you’ll lose your driver’s license forever, spend up to three years in prison and fork over up to $25,000 in fines.

Don’t be sneaky. If you cross over the state line to drink, Illinois has reciprocal agreements with other states. Get arrested in another state with an Illinois license and the results will be the same as if you were pulled over the the Land of Lincoln.

New Jersey

Get that DUI in New Jersey, you’ll have a take-out menu of penalties facing you from which the judge can choose.

Depending on your BAC level, age, driving history and a few other factors, you may be looking at a one year stay in jail up to 20 years and a lifetime revocation.

New Jersey’s DUI laws are so convoluted, layered and couched in “legalese” that your first call when getting out of jail should be to an attorney experienced with DUI law in The Garden State.

Oregon

Oregon may be one of two states in the US where recreational marijuana is ok, but it’s still one of the top 8 states with rough DUI laws in place.

Your fine for your first DUI in Oregon is a minimum of $1,000. Add a $40 assessment fee, $130 for a drunk-driving program, $95 for something called a unitary assessment fee, a county assessment fee of $59 and $90 for a diagnostic fee, you’ll be broke for a while just from the fines and fees.

And, that’s for the first offense.

Georgia

Get a DUI in Georgia and it will be “…on your mind…” for years to come. That first DUI conviction in Georgia will earn you:

  • Fines up to $1,000
  • A minimum 40 hours for Community Service
  • Mandated DUI Risk Reduction Program
  • A clinical evaluation and completion of any recommended treatment
  • 12 months of probation
  • And then think of the jail time.

The second offense will be worse.

New York

When faced with a New York DUI arrest, you have some questions to answer. Will you get jail time? Ho long? How much will you owe in fines and assessments? How long will your license be suspended? Is DUI school in your future? How much time will you do in community service?

New York, like New Jersey, has layers of penalties of which jail time and hefty fines are just two. New York DUI laws prove the statement, “Anyone who represents himself in court, has a fool for a lawyer.”

The twists, turns and double-backs of New York DUI laws will grab you by the collar and shake you until you realize the wisdom of hiring an experience New York lawyer who can guide you through the minefield which make up the DUI laws in the Empire State.

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Arkady Bukh

Licensed since 2003

Member at firm Bukh & Associates, PLLC

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Arkady Bukh

Licensed since 2003

Member at firm Bukh & Associates, PLLC

AWARDS

Champion Badge Silver

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