To be charged with DUI, you only need to make the mistake once of believing you can drive when you can’t. One bad decision can change your life. That’s why there are DUI deferment or diversion programs available in most states. These programs give qualified first-time offenders a chance to reduce their sentence after completing a contracted program successfully. Not every first-time offender will be eligible, and they are awarded at the discretion of the prosecuting attorney, but if you are eligible, once completed your charge will be reduced.

If you are a first time Florida DUI offender, you may be eligible for the Florida DUI diversion program. This program is very limited in Florida and not offered in many jurisdictions. The requirements to be admitted into this program also vary between jurisdictions but can include the following:

• No criminal history; dismissed cases may even disqualify you
• No moving violations in the last year
• No more than 5 moving violations in the last 10 years
• No multi-vehicle accidents or damage to the property of others
• No children present in the vehicle at the time of the DUI offense
• No controlled substances in the vehicle or on the defendant
• No bad behavior during arrest
• No blood alcohol levels above .20

The terms and conditions of the Florida DUI diversion program include completing 50 hours of community service, surrendering your license for 14 days if it is not already suspended, a $500 donation to a specified charity, DUI school, alcohol evaluation, possible alcohol treatment, and the cost of prosecution.  You will likely be ordered to install and maintain an ignition interlock, as well. All of these items must be completed for you to meet your contractual obligation and receive a reduced sentence. There will not be any probation or probation supervisor during this period and the successful completion of the 18-month deferment results in you being allowed to plea to the lesser offense of Reckless Driving.

A California DUI can carry some serious consequences. That is why most people try their hardest to figure out the best way to get around those consequences. We do not always realize that a few drinks can lead to being over the blood alcohol concentration (BAC) legal limit, but when we cross that line in a moment of bad judgment, we do have a few options to make amends for our California DUI decision.

California offers a few DUI diversion programs and a way to get your license back after a first-time drunk driving conviction:

• SB-1176 Program – first-time offenders are ordered to complete an online, 12-hour “Wet Reckless” DUI program.
• AB-541 Program – first-time offenders are ordered to complete an in-person, 32-hour/three-month DUI program.
• AB-1353 Program – first-time offenders (usually with a BAC of .20 or higher) are ordered to complete an in-person, 9-month DUI program.
• PC-1000 Deferred Entry of Judgement Program – first-time offenders are ordered to complete an addiction and recovery online program.

Currently, only four counties in California mandate ignition interlock devices for a drunk driving conviction. However, in 2019, the entire state will require interlocks for all California DUI convictions, including a minimum of one year with the device for a DUI with a BAC under .15 percent. In many cases, an ignition interlock device may be part of a plea bargain down to a wet reckless charge, or part of probation for any type if impaired driving conviction.

DUI diversion programs are beneficial to those who are ready to be serious about safe driving, but there is an easier way to steer clear of a California DUI: plan for a safe ride home. All it takes is a few minutes to put that plan into place, and with the touch of a smartphone screen or a call to a friend, you can be on a road that avoids drunk driving entirely.

Wisconsin OWI laws are poised for some changes this year, or at least some proposed changes. The state has a few new bills circulating through the legislative halls, one of which focuses on repeat OWI offenders. The other is a bill that has not quite made it to the end of those hallways just yet, despite previous efforts. Once again, Wisconsin is looking to put ignition interlock devices on the vehicles of all Wisconsin OWI offenders.

Wisconsin OWI law currently only mandates interlocks for certain convictions.

• If you are convicted of a first-time OWI with a blood alcohol concentration of .15 or higher, you have a mandatory ignition interlock requirement.
• For a second or subsequent OWI, you have a mandatory ignition interlock requirement.

Both of those laws and penalties are still relatively common in many states across the U.S., however, Wisconsin is the only state that does not criminally penalize a first offense OWI when the BAC of the offender is below .15 percent. In fact, at that BAC level, the incident is more like a traffic violation with high fines. Unfortunately, consequences like that make it seem like drunk driving is no big deal when drunk driving is one of the biggest and most preventable deals there is.

The proposed ignition interlock legislation would remedy that problem, along with ensuring an offender is unable to drive their vehicle without an interlock installed. Ignition interlock devices have a 67 percent success rate in preventing further drunk driving incidents. Revoking an offender’s driver’s license may be inconvenient for the person, but it does not prevent them from driving, and it does not prevent them from driving if they have been drinking. Only an ignition interlock device can do that.

Hopefully, this will be the year for Wisconsin OWI laws to include a mandatory ignition interlock requirement for all offenses. Do your part and contact your Wisconsin legislators to voice your support for stricter OWI laws and ignition interlock requirements.

Driving under the influence in any state in this country is not a wise choice. A DUI/OWI conviction will impact you for the rest of your life. It can prevent you from exercising certain privileges and rights, prevent you from future employment, and even impact your educational opportunities.

In the state of Wisconsin, the penalties for an OWI are generally strict. However, they’re nothing when compared to the penalties for a Wisconsin Aggravated OWI. An aggravated OWI is one in which one or more of the following aggravating circumstances are present:

• Extremely High BAC – over .15%
• Minors in the Vehicle
• Multiple DUI Convictions

The increased penalties for a Wisconsin Aggravated OWI depend on which of the above aggravating circumstances are present. For example, if you’re pulled over for an OWI with a minor under the age of 16 present in your vehicle for a first time OWI offense, you will receive double or more the usual penalties for a first offense. The penalties for a first-time offense OWI usually include a fine of $150-$300 and a 6-9 month license suspension. However, if you’re convicted of a Wisconsin Aggravated DUI with a child passenger your penalties will include jail time of at least 5 days and up to 6 months, fines of at least $350 up to $1,100, and license revocation period for a minimum of 12 months and up to 18 months.

With a standard OWI conviction, an ignition interlock device is not required on a first offense in Wisconsin, however, it can be used to cancel out your revocation period and is required if your BAC was .15% or over at the time of your OWI charge but also cancels out your revocation. For subsequent offenses, it is required and you will also be required to serve a portion of your revocation period before you can have the ignition interlock installed and regain some or all of your driving privileges.

When planning for a night out on the town, don’t forget to plan for a safe ride home. Putting yourself and others in danger is never the right choice.

The state of Nebraska has changed its DUI laws several times in recent years, updating the penalties to more effectively discourage potential offenders. This is never clearer than if you are convicted of Nebraska aggravated DUI. An aggravated DUI is one in which there are aggravating circumstances present beyond just driving under the influence. Examples in the state of Nebraska are a blood alcohol concentration (BAC) over .15 percent or refusal to submit to a BAC test.

If your BAC is over .15 percent, you will automatically be charged with a Nebraska aggravated DUI and will receive an Administrative License Revocation (ALR) immediately at the scene of the DUI. A police officer will remand your license and issue you a temporary 15-day restricted license, giving you 10 days to either challenge the aggravated DUI charge and request a hearing or apply for an Ignition Interlock Permit (IIP), which allows you to be eligible to regain driving privileges with the use of an ignition interlock device. If you challenge the DUI, you are no longer eligible for the IIP, so make sure you can win that challenge.

The Nebraska aggravated DUI also carries severe criminal penalties if convicted. On a first offense it is still considered a misdemeanor, but the penalties are much more strict than a non-aggravated DUI. Your license can be suspended up to a year, you can serve up to 60 days in prison, and you’ll pay a fine of $500. If the judge grants you probation over jail time, then you will still lose your license for a year and pay a $500 fine, but you will only have to serve 2 days in jail or complete 120 hours of community service.

These penalties also may or may not be required depending on your sentencing:

• You will have to pay for an alcohol assessment, and depending on the results, may be sentenced to an alcohol treatment program.
• You may be required to obtain an IIP for the duration of your license revocation.
• You will have to pay for the installation of the ignition interlock device as well as the fee for the license, and you will be required to display current certification on your vehicle.

Other issues that arise from being convicted of a Nebraska aggravated DUI include a blemish on your record for 15 years, difficulty obtaining insurance and then expensive premiums when you do, and employment difficulties. Be wise, don’t drink and drive and avoid the consequences that come with a DUI conviction.