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
A: 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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