What is the most time you get for a DUI?

Question

My boyfriend was arrestted for a DUI last night and he was also charged for having an open container but I don't get why he was charged with that since his friend was the one in the car drinking it and didn't get charged with anything! But what is the most time someone gets for these crimes and can he plead not guilty for the open container since it wasn't his?

Answer 1

it depends how many does he have ... what was he doing when he got the DUI... how good of a lawyer do you have that is key.... i have a friend that has four on his record never been to jail just a good lawyer... but every case is different its all up to the judge how much time he gets if any the judge has the power to give time in jail or just probation or take away his right to drive...if its first time it might be a slap on the wrist.. unless you get a judge that has had some1 in his family killed by a drunk driver then you need help.. get a good lawyer a good lawyer can even get it taken off his record

Answer 2

what state do you live i live in texas

After the arrest, the suspect is then required to submit to breath or blood testing, usually at the police station — and, again, without any right to speak with an attorney. Contrary to popular belief, the breathalyzers used by the police are inaccurate and highly unreliable and many officers administering them are unfamiliar with proper procedures. If the suspect refuses, or if the police feel he is not cooperating to their satisfaction, blood can be forceably drawn; whether blood is drawn or not, a refusal will trigger a mandatory jail sentence and a one-year license suspension. If the breath test is over .08%, or if there is a blood sample withdrawn or a refusal reported, the police will confiscate the suspect's license and issue him a notice of suspension and 30-day temporary license.

The individual now faces two battles. First, he must deal with a criminal prosecution in the court where he will be charged with driving under the influence of alcohol (or, possibly, driving under the combined influence of alcohol and drugs). If the breath or blood test was .08% or higher, he will also be charged with the so-called "per se" offense: driving with .08% blood-alcohol. Amazingly, he can be convicted of both offenses, although he can be punished for only one (the punishments are, however, identical). Properly defended, the criminal charges will involve several court hearings; if represented by counsel, however, the individual should not have to appear at most of these.

Second, the accused must deal with the administrative license suspension. If the breath test was over .08%, or if there was a blood sample withdrawn or a refusal reported, the police will confiscate the suspect's license and issue him a notice of suspension and 30-day temporary license. A first offense DUI involves a four-month suspension; a refusal or a second offense within ten years triggers a one-year suspension. These suspensions can be successfully contested by an experienced DUI attorney, but it is critical that the individual or, preferably, his attorney, CONTACT THE DMV WITHIN 10 DAYS OF THE ARREST. The importance of this cannot be overstated; absent a timely request, there will be no hearing and the suspension will automatically take effect 30 days after the arrest.

Answer 3

In Tennessee, a first DUI is 48 hours incarcerated and a year revocation of driver license as well as court costs.

An open container violation carries no more than a fine.

I seriously doubt any state has 3-5 years incarcerated for first DUI.

Answer 4

It doesnt matter that it wasnt his open container, he was operating the vehicle and to stupid to tell his buddy to not drink. Thats how the courts see it and thats how it should be. Why should his friend get anything, he was the one smart enough not to get behind the wheel while drinking.

he SHOULD have his license revoked and be put in jail for endangering everyones life like that, but thats usually not the case. if this was his first time, probably just a fine and maybe a 30 day suspension, maybe community service depending on your state.


And no, he cant plead not guilty, because he WAS operating a car with an open container in it, it doesnt matter whose hand it was in at the time.

He should get his legs cut off for being that stupid.

Answer 5

The law says no open container, it doesn't specify who has the container. The driver is responsible. Usually a first DUI will cost about $12,000 including lawyers and court costs and usually only 3-5 years in prison. I doubt they would add too much more for the open container.

Answer 6

Depending in what state you live. In Arizona a first offense is 90 days. The open container came into the mix because your boyfriend was the drive and is in control of the car and it's contents.

Answer 7

particular. i know that. the only try you're obliged to take is any chemical try the police ask for. Refusing container sobriety will in many circumstances bring about arrest for suspicion of DWI and a chemical try. a astonishing reason to no longer do container sobriety is that in case you come out under the according to se shrink of 0.08 on the chemical try, they might nevertheless make a case which you're impaired with the end results of the sobriety tests. Many in this thread do no longer look to appreciate this certainty. The chemical try is a could do. the sphere sobriety tests at the instant are not. you're below no criminal criminal duty to boost one foot interior the air, stroll a line, say the alphabet, or persist with the flashlight.

Answer 8

I don't know but it might be interesting for you to follow the news and see what St. Louis Cardinals manager Tony LaRusa gets. He received a DUI earlier this year and the judgment against him was postponed till later this year. He's a sort of high profile guy--see if he gets less than you do.

Answer 9

The most time is for about 10 hours.

Answer 10

My neighbor got 20 years just a few months ago.