Treadaway & Treadaway
Avoiding a DUI on New Year’s Eve
New Year’s Eve is a time for celebration and many people have more than the one glass of champagne to celebrate. The police know that many are out celebrating, so they patrol the streets more, especially streets located near bars and pubs, and common routes from one end of town to the other. The best way to avoid a DUI is to just stay home, but that is not always as fun as going out.
The next best way to avoid a DUI is to have a designated driver or to take a cab home. A designated driver is someone who goes with you to the party but does not drink. The designated driver should not even have the champagne at midnight. Even though it is only one glass, alcohol affects people differently – your designated driver may not tolerate even a little bit.
A cab is also a safe way to get home. Be sure you have the cab fare put aside or have a friend hold the fare for you if you think that you might spend it or might party so much that you ‘forget’ to take a cab. It’s also a good idea to have someone hold the keys to your vehicle so you won’t be tempted to drive home.
You can get a DUI even if you don’t feel inebriated. If you blow over the legal limit, you will be charged with DUI. A first and second offense are misdemeanors. A third offense is a high and aggravated misdemeanor. A fourth offense is a felony. Offenses are counted for 10 years. A first conviction could result in a fine of at least $300 but no more than $1,000 or prison for up to 12 months or community service. You must also complete the DUI Alcohol or Drug Use Risk Reduction Program.
The second conviction may result in a fine that is at least $600 and not more than $1,000, prison for at least 90 days, probation, community service and/or the DUI class. The third conviction within 10 years could result in a fine of at least $1,000 and up to $5,000, mandatory prison time of at least 120 days and up to 12 months, at least 30 days of community service, the DUI class and/or probation.
The fourth conviction within 10 years could result in a fine of at least $1,000 and not more than $5,000, at least a year and up to five years in prison, at least 60 days of community service, the DUI class, and/or probation of up to five years.
If you have been arrested and/or convicted of a DUI, contact our DUI lawyers at Treadaway & Treadaway as soon as possible.