Q: What are the penalties expected for a first offender of code 42-4-1301(1)(b) if blood alcohol content was 0.06
22 yr old male. 6'2''. First offense. Breath tested three times at which BAC did not climb over 0.06
If you are convicted of or plead guilty to DWAI first, the possible penalties are 2 -180 days in jail, completion of an alcohol evaluation and any recommended treatment, a fine of $200 - $500, 24 hours of community service, and up to two years of supervised probation.
However, you should ask for a deferred judgment or some other type of plea because if you plead guilty to DWAI with a .06, it still counts as a "first offense" if you were to get a second one.
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