Maneuvering Through The Uncertainties Of A DUI…

Always seek the advice of a professional. The following is general information and is not specific to your situation.


Frequently Asked Questions

There are two different systems that will will be involved with a DUI arrest: 1. Criminal System – where a county court will determine if you will be required to pay a fine, do any jail time and if your B.A.C. along with any priors will qualify you for a Level I or Level II and any Track Therapy Group. 2. DMV System – which will decide whether you will loose your driving privileges and if so, for how long. These two systems are independent of each other. The verdict of one will not be considered in the verdict of the other.
Several things can determine whether you will receive a Level I or Level II DUI.
1. Your B.A.C.
a. Level I is for a minor (under the age of 21) with a B.A.C. of .02 or more. If the drug and alcohol counselor feels more assistance is needed, a minor may receive a Level II determination.
b. Level II is for an adult and begins with a B.A.C. of .08 or above.
2. Any prior DUI’s will effect what Track Therapy you are given.
3. If you are convicted of 2 DUI’s in 5 year period.
4. If you have had 3 or more DUI’s in a lifetime.
5. If your driving privileges are/were revoked for a B.A.C. of .15 or more.
6. If your driving privileges were revoked for more than one B.A.C. result of .08 or more.
7. If you refuse to take a B.A.C. breathalyzer or blood test.
Once you are enrolled with a State licensed agency for Level II Education and Track Therapy, you are eligible to receive an “Affidavit of Enrollment” form. You can take this to the DMV for consideration of getting a restricted license or your full license back. If you do not complete the designated Education and Track Therapy classes/groups, the agency is required to notify the DMV and your license will be suspended again.
The DMV will decide that. The program that the court orders may not be the same as what the DMV wants in order to give you back your license. You will need to ask them what they are going to require of you to get it reinstated.
It is highly recommended that you seek the advice of a professional. There is a multitude of things to know about negotiations, pleas, what’s to be expected, law sections and much, much more. The average person who doesn’t have that level of experience and knowledge could easily find themselves in a predicament.