Tuesday, June 30, 2015

What Determines How High the Fine Will Be in a DUI Case?

If you are worried that you might be convicted of a DUI after having been arrested curbside, you are probably concerned with your freedoms, first and foremost. You could lose days or months behind bars and you might not be able to operate your vehicle at all for quite some time. Something that many people facing DUI convictions overlook is how it will impact their pocketbook.

The financial penalties of a DUI is going to change from case to case, and it is nearly a guarantee that you will be fined an amount greater than the state’s minimum, with additional assessments for court costs and administrative fees. There are maximum amounts in place, though, that are supposed to ensure that you are not fined excessively or unreasonably. With that said, fines can be considered punitive – meant to punish you for breaking the law. They are, therefore, flexible and might even exceed the “maximum.”

Four factors that are considered when determining your DUI fines are:
  • Prior driving infractions on your record
  • BAC level at the time of the arrest
  • Minors in or near your vehicle
  • Accidents or injuries caused

It becomes readily clear that fines will traditionally increase as other punishments for your DUI increase. If you are sentenced with longer jail time or a complete license revocation, the court will probably not bat an eye at taking another thousand dollars or so from you as well.

Hidden Costs and Damaging Fees

To believe that you will only be paying punitive fines for your DUI is folly. Anything that requires payment and has originated due to your DUI arrest is going to be paid for out of your pocket. The obvious costs are those related to the court and attorney fees. But have you considered the money you will have to spend if you need to reinstate your license? The DMV can take hundreds just for that.

More expensive still are Ignition Interlock Devices (IID) that are sometimes mandatory after a DUI conviction. Not only will you have to pay to have it installed and eventually removed, you will be taxed monthly just for having the device in your car. Think of it as a safety deposit without any chance of reimbursement.

If you are facing DUI fines that you believe do not reflect the severity of your alleged crime, you need to contact me, Attorney Jonathan Blecher, and my firm today. Together, we can begin to build a defensive case that keeps your best interests – and your wallet – in mind.

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