What criminal penalties am I facing & how long will I lose my license?


Lawrence Taylor describes some of the factors that go into determining the potential penalties and criminal charges an arrestee could face, after being charged with a DUI. If an arrestee has prior convictions within the past ten years, then that person is facing increased penalties, both criminally and a longer suspension of the arrestee’s license. The other factors that can increase penalties for a DUI charge are called enhancements. These factors would include such things as a very high blood alcohol level or having a child under the age of fourteen in the automobile when the arrestee is pulled over. Having a child in the car under the age of fourteen can increase the penalties substantially. Furthermore, enhancements can occur if a person refuses to take the blood or breath test.

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That depends on two things: First of all, on your criminal record, if any, and secondly upon the circumstances, the facts of the case. If, for example, you have a prior conviction within the past ten years, then youre facing increased penalties, both criminally in terms of jail and fines and so on, but also in terms of license suspension, a much longer suspension than would be for one who this is a first time offense. There are other factors that can also influence it; there may be what are called enhancements. This would be, for example, if the individual had an unusually high blood alcohol, let’s say a 0.15 or 0.20 percent or higher, that can trigger increased penalties. The individual can have a child in the car, under the age of fourteen; this can increase the penalties substantially and can also trigger additional criminal charges of child enhancement. Another enhancement would be refusal and that is if you refuse to take a blood or breath test, then, again, your penalty is increased and your license suspension is increased.

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