DUI of Drugs

While most people think of driving under the influence as drinking too much alcohol and getting behind the wheel of a vehicle, it also applies to driving after consuming drugs, whether legal or illegal. In other words, you can be convicted of DUI if you consumed prescribed drugs if they hinder your ability to safely operate a motor vehicle.

The penalties for DUI involving drugs are the same as a DUI involving alcohol. The penalty for a first offense DUI involving drugs where the driver refused to provide a breath and/or blood or urine sample or did provide a sample which was positive for drugs is forty-eight (48) hours to thirty (30) days in jail and/or a $400 fine and court costs. The driver’s license will also be suspended until they enroll in an Alcohol and Drug Safety Action Program (ADSAP) and they will need to obtain SR-22 insurance.

A second offense within a ten (10) year period carries a mandatory five (5) days to one (1) year in jail and a fine of $2,100 to $5,100 and court costs. The driver will also be required to have an ignition interlock installed in their vehicle for two (2) years. For a third offense within a ten (10) year period, the penalty is a mandatory sixty (60) days to three (3) years in jail and a fine of $3,800 to $6,300 and court costs. The driver will also be required to have an ignition interlock installed in their vehicle for at least three (3) years. Lastly, a fourth offense or subsequent offense within a ten (10) year period carries a penalty of a mandatory one (1) year to five (5) years in jail. The driver will also be required to have an ignition interlock installed in their vehicle for life. Convictions for a second, third, fourth, and subsequent offenses all require the driver to enroll and complete ADSAP and to obtain SR-22 insurance.

It is important to know that a DUI conviction cannot be expunged from your record. Additionally, PTI (pretrial intervention) is not an option. If your license is suspended for an Implied Consent violation, it is important to consult with an experienced DUI lawyer within 30 days of being charged. Additionally, if you have been charged with a DUI 2nd offense or subsequent, it is important to consult with an experienced DUI lawyer within 10 days of your arrest. You may lose important rights by waiting too long to hire a lawyer. Give us a call at your earliest convenience (864) 271-3535.