About DUI First Offender Programs

Driving Under the Influence, or DUI, is a very serious offense. A person found guilty of DUI could receive jail time even if it is that person's first offense. Fortunately, an individual arrested for DUI can avoid criminal prosecution by entering a first offender program. This program gives the person arrested for DUI a second chance and keeps the individual out of jail.

Types

DUI first offender programs are a type of "rehabilitation program" intended to ensure that a person arrested for DUI does not repeat her mistake in the future. These programs consist of classes that educate DUI first offenders on the dangers of drinking and driving, and include evaluations to determine if the person has a drinking problem. If it is determined that the individual may be an alcoholic or a "problem drinker," she may be entered into an inpatient DUI first offender program. Here, the person will take part in the same educational courses and will also receive therapy for her drinking problem.

Features

DUI first offender programs begin with a standard court appearance, where a judge will determine if the individual should be entered into the program or if he should be prosecuted. Unless he injured another person or had a ridiculously high BAC (above 0.2) when arrested, he should be allowed to enter the program. At that time, the judge will place him on probation, which can last anywhere between 7 and 12 months, depending on the details of his arrest (BAC, if property was damaged, etc.).

Anytime between 1 and 4 weeks after the court date, the individual must schedule his DUI classes and alcohol evaluation. These will be two separate events; both must be done to complete the DUI first offender program. The alcohol evaluation is basically a list of questions asked by a specialist to determine whether or not the individual has a drinking problem, such as "How often do you drink alcohol?" and "Does alcoholism run in your family?"

DUI classes educate first offenders on the dangers of driving impaired. During these classes, the individual will learn about yearly DUI fatalities in his state and how alcohol impairs one's ability to drive. He will also learn steps to avoid being arrested for DUI again.

Time Frame

The most important thing a person in a DUI first offender program needs to remember is that the program MUST be finished BEFORE her probationary period is up. Otherwise, the individual will be prosecuted for DUI to the fullest extent of the law. The reason for this is that completing the first offender program takes so little time. The alcohol evaluation lasts anywhere between 30 minutes and 1 hour, depending on the person giving the evaluation and the answers. DUI classes will take between 10 and 30 hours, depending on the particular case. These classes are completed during nights and weekends and can be scheduled anytime during the probationary period, so long as the classes are completed before the probationary period expires.

Benefits

It is much better for a person to complete a DUI first offender program than take the case to court. A first offender program will save thousands of dollars in court fees, attorney fees and fines. As stated earlier, a person who completes the DUI first offender program also avoids any jail sentence. Last but not least, an individual who finishes the program has his record expunged. Nobody wants a DUI to come up on a background check and these first offender programs take the arrest off of a person's record.

Expert Insight

Every DUI first offender case is different based upon the details of the case and the probation officer assigned after your court appearance. Some probation officers will require first offenders to check in once a month and do so in person. Others will not allow the person in the first offender program to consume or purchase alcohol while in the program. If the first offender is caught doing either, she will be kicked out of the program and then prosecuted for DUI. An individual should speak to her probation officer to learn more about her specific DUI first offender program.