What alcohol concentration levels are legal?

Alcohol concentration is measured in grams of alcohol per 210 litres of breath or 100 millilitres of blood. The appropriate legal limits are:

Under 21: 0.02

Over 21: 0.08

Driving a Commercial Vehicle: 0.04

Can I be charged with a DUI if my blood, breath, or urine alcohol level is below the limit?

Yes, you may be charged with driving while under the influence of alcohol even if your alcohol concentration is below the legal limit or you did not take a blood, breath, or urine test. The prosecutor would need only to prove the motorist was under the influence of alcohol. It is presumed a person with an alcohol concentration less than 0.05 is not under the influence, however, this presumption maybe rebutted by the prosecution.

Why is there a legal limit if I can be charged even when my alcohol content level is below the limit?

The alcohol concentration levels exist because if your alcohol concentration is above the legal limit you can be charged with driving with a prohibited alcohol concentration. The prosecutor would need only to prove you were “operating a vehicle”and had an unlawful alcohol concentration level. The prosecutor would not need to prove any instances of unsafe driving nor provide any other evidence of the motorist being under the influence.

Can I be charged with a DUI if I refuse to take a blood, breath or urine test?

Yes, you may be charged in the same manner as someone whose alcohol content is below the legal limit. The prosecutor would need only to prove the motorist was under the influence of alcohol by using other evidence such as divided-attention exercises, smell of alcohol on the motorist, etc. Also the refusal to take a chemical test for alcohol is always admissible in court.

What typically happens if I am convicted of DUI?

It depends on how many times you have been arrested for a DUI offense in the 5 years prior to the date of the current arrest. Aggravating factors can also increase the minimum jail times.

If the current arrest is your only DUI offense in the 5 year period the Judge will impose a fine of $200-$500 and/or jail time of 48 hours to 30 days. There will also be substance abuse treatment of 90 days and a license suspension of 30-120 days.

If there are two DUI offenses in the 5 year period then you can expect $350-$500 fine AND 7 days to 6 months jail time. As well as 1 year of substance abuse treatment, license suspended for 12-18 months.

A third offense would result in $500-$1000 fine AND 30 days-12 months in jail, substance abuse program of 1 year,and license suspension of 24-36months.

A fourth offense is a class D felony, which would include 120 days mandatory minimum jail time and a $1,000-$10,000 fine, substance abuse treatment for one year and suspension of license for 60 months.

*For 2 or more offenses an install ignition interlock device or surrender of license plates are mandatory as well.

What if I am convicted of a DUI and am under 21?

The penalty would typically be fine of $100-$500 or 20 hours of community labor, no jail time, some substance abuse education, and suspension of license for 30 days – 6 months.

What are the aggravating factors and how can they affect the penalty?

The six potential aggravating factors are:

1. driving 30 mph over the speed limit

2. driving in the wrong direction on limited access highway

3. causing an accident resulting in death or serious physical injury

4. 0.18 alcohol level within 2 hours of driving

5. refusing to submit to a blood, breath, or urine test if not the first offense

6. having a passenger under 12 years of age

If aggravating factors are present then the minimum mandatory sentence for the offense is doubled.

What happens if I refuse to take a blood, breath, urine, or other chemical alcohol test?

A refusal to take a blood, breath, urine, or other chemical alcohol test will result in a mandatory license suspension. The length of the suspension depends on the number of DUI offenses you have had in the 5 year period prior to the current arrest. A single offense is 30-120 days and the suspension increases up to a mandatory 60 months for a fourth offense. Also refusal to take a chemical test is always admissible in court.

Should I ever refuse to take a blood, breath, urine, or other chemical test for alcohol?

The best advice is to contact a lawyer if you are unsure. You have a right to try to call a lawyer for 10-15 minutes before you take a blood, breath, or urine test.

When can my license be suspended before trial?

The court may suspend your license prior to trial if you have refused to take a chemical test, it is your 2^nd or greater offense, the accident resulted in death or serious physical injury, or your license has been suspended in the prior 5 years.

What is a hardship license (HDL)?

A hardship license may be available to those who would be unduly burdened by their license suspension. You can only be eligible for a hardship license after the statutory minimum license suspension.