DUI is one of the most misunderstood areas of criminal law. Every client has a different experience because every case is different and each jurisdiction has their own rules and standards, but there are a few things that you can expect to be consistent on a first time DUI arrest.
Much of the Penalty is Financial
A first offense DUI can take a lot of forms, all of which carry differing penalties and conditions. For example a DUI based on drug usage and a DUI based on alcohol consumption will be treated differently by the courts. Also the costs to the driver will be increased if any ‘aggravating’ factors are present, such as a high BAC reading or a refusal to submit to the BAC, a collision, or a child in the vehicle at the time of the incident. And of course a second or subsequent arrest is an entirely separate type of case carrying its own more extensive penalties.
Even with no aggravating factors, a person convicted of a first offense DUI can be faced with between $1,000 and $2,000 in court costs, fines, and police response restitution (yes, a judge can order a driver to compensate the police agency for the time they spent arresting the driver). If the BAC is higher, the costs will increase.
A DUI case almost always requires the driver to obtain a substance use evaluation and potentially follow up treatment, as well as to attend a DUI Victim’s Panel, all of which cost money. A driver may have to have an ignition interlock device (IID) installed in their car, as well as carry high risk insurance. These can easily add up in the thousands of dollars.
What to Expect at the Beginning
From the first time an accused DUI driver steps into court, the judge can impose costly restrictions. At that first court appearance a judge may require a driver to post bail, wear a GPS or alcohol monitoring device, or install an IID in any vehicle they drive. The law gives the court broad discretion to set conditions on release pending trial, and these conditions are all at the driver’s expense.
Regardless of court action, the Department of Licensing will almost certainly begin an action to suspend or revoke the driver’s license. An arrested driver only has 7 days from the day of the arrest to file a challenge to that process. The DOL charges $375 just to hear the case, and according to WA DOL data the driver then loses the challenge over 80% of the time. If the driver loses (or doesn’t request) the hearing, the only option left for most drivers requires the installation of an IID and application for a restricted license, which carries another $100 fee.
The Costs You Can't Put a Number On
A DUI conviction of course carries consequences beyond the financial. In Kitsap County, most law enforcement agencies’ policies require police to take the driver to jail and set monetary bail. The driver then stays in jail until either they pay the money to post that bail, or until they see a judge on the next court date. That means that just for being accused, many drivers start incurring hefty costs before they even see a judge; but it also means that they may miss work, or not be available the next morning for their other daily obligations. This can mean missed appointments, interviews, or child care obligations.
Even without a conviction a DUI arrest can have other unexpected impact. Opportunities for employment or for promotions may suffer. For people whose livelihood depends on a security clearance, the mere allegation of DUI can cause job insecurity and anxiety. DUI arrests can compromise rental housing applications and even come up in other court cases, like dissolutions of marriage or child custody proceedings.
There Are Options Available!
It is important to remember that being arrested for DUI does not mean you are going to be convicted. An experienced DUI attorney knows a number of different legal challenges to the case against you, and how to exploit those to minimize your damages. Even when the case against you is very strong, a skilled attorney will have strategies to help reduce the penalties you face. That might mean a reduction in the charge or an outright dismissal. A good DUI lawyer can often save their client more than the cost of their fee. If you are facing a DUI charge in Kitsap County, call us today at 360-519-3500 for a free, confidential case evaluation. There's no obligation — just honest answers about where you stand and what we can do to help.