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A DUI conviction from the McDowell Mountain Justice Court will carry a harsh penalty. How harsh that penalty is largely depends on the Blood Alcohol Concentration, or BAC, in your case.
Regardless of BAC, all DUIs have some things in common:
The rest of the punishment is determined by BAC and prior DUI convictions
If the BAC in your case is 0.08 to 0.1499 then it is considered a Regular DUI. The same penalties apply to “impaired to the slightest degree” by drugs or alcohol DUI’s, where the BAC is irrelevant. A first offense Regular DUI has mandatory minimum penalties of 10 – 180 days in jail, a $250 fine plus surcharges, approximately $1,000 in assessments, and alcohol screening and treatment classes.
The minimum penalty increases to 90 – 180 days in jail, a $500 fine plus surcharges, around $2,500 in assessments, alcohol screening and treatment classes, and at least 30 hours of community service if you have a prior DUI conviction in the last 84 months.
The MVD will require you to install an ignition interlock device for 1 year.
If the BAC in your case is 0.15 to0.199 then it is an Extreme DUI. The mandatory minimum penalty is30-180 days in jail, a $250 fine plus surcharges, approximately $2,000 in assessments, $250 to be paid to the DUI fund, and alcohol screening and treatment classes.
The mandatory minimum sentence is increased if you have a prior DUI conviction in the last 84 months, rising to 120-180 days in jail, a $500 fine plus surcharges, $2,500 or so in assessments, $250 to the DUI abatement fund, alcohol assessment and treatment classes, and at least 30 hours of community service.
You will be required to install an ignition interlock device for 1 year.
If the BAC is 0.20 or higher than it is a Super Extreme DUI. The mandatory minimum sentence is 45-180 days in jail, a $500 fine plus surcharges, $250 to the DUI abatement fund, $2,000 or so in assessments and fees, and alcohol screening and treatment classes. The MVD will require an ignition interlock device for 18 months.
That mandatory minimum sentence increases to 180 days in jail, a $1,000 fine plus surcharges, $250 to the DUI abatement fund, $2,500 or so in assessments and fees, mandatory alcohol screening and treatment classes, and 30 hours of community service if you have a prior DUI conviction in the last 84 months. The MVD will require an ignition interlock device for 24 months.
All DUI’s in the McDowell Mountain Justice Court are misdemeanors. However, if your DUI arrest is your third in 84 months; your license was suspended, cancelled, or revoked; you drove the wrong way; you had a minor under 15 in the car; or you were required to have an ignition interlock installed in your car then it can be charged as an Aggravated DUI, which is a felony and is substantially more serious.
Don’t face the harsh penalties of a McDowell Mountain Justice Court DUI alone. Call the Rosenstein Law Group at 480-248-7666 or contact us online today for a free consultation so that we can help you get the best possible result in your case.