Walk It Through: The First DUI in Court
Arraignment and the license, the first offense range, the interlock license, and a drive to work before it arrives.
At arraignment for a first DUI, the driver took the breath test and has no prior offense.
Two things a person in this spot might do. Picking one shows what the law says about it.
A first offense with a breath test taken and no crash. A refusal, a second offense, a drug DUI and the hardship license are on other pages and walkthroughs.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Aggravating circumstanceOne of the listed facts in a DUI case that raises the minimum jail term, to four days for a first offense and 14 days for a second.
- Class D felonyThe lowest class of felony, punishable by one to five years.
- Driving under the influenceDriving or being in physical control of a motor vehicle with an alcohol concentration of 0.08 or more, under the influence of alcohol or another substance that impairs driving, or with a listed controlled substance in the blood.
- ViolationAn offense punishable by a fine only, with no jail.
- Implied consentA person who drives or is in physical control of a vehicle has consented to tests of blood, breath or urine when an officer has reasonable grounds to believe a DUI violation occurred.
- Physical injurySubstantial physical pain or any impairment of physical condition.
- Class A misdemeanorThe higher class of misdemeanor, punishable by up to 12 months in jail and a fine of up to $500.
- Hardship licenseLimited driving privileges a sentencing court may grant for work, school, medical care or treatment during a suspension for a DUI under a substance other than alcohol.
- Ignition interlock licenseThe license a person may apply for at any time after a DUI suspension, including after a refusal, to drive a vehicle fitted with an ignition interlock.