Kelly Law Offices

Attorneys at Law - Specializing in Drunk Driving Defense

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What if
I fail the
chemical test?


You will be held for a minimum of eight (8) hours in jail before you are eligible for bond, or arraignment before the District Judge. At the arraignment, you can plead “guilty,” “not guilty” or “stand mute.” If you elect to stand mute, the Court will enter a plea of not guilty on your behalf. You will be advised that you are being charged with Operating While Intoxicated (OWI) and/or Operating a Motor Vehicle with a Body Alcohol Content of .08 or more (UBAC), or Operating Under the Influence of a Controlled Substance (OUID). If convicted of any of these offenses, you could receive the following:

  • Up to 93 days in jail.
  • Fines up to $500, plus court costs.
  • 360 hours community service.
  • Possible immobilization of your vehicle up to 180 days.
  • Suspension of your driver’s license for 180 days, with a restricted license issued after 30 days.
  • Assessment of six (6) points against your driving record.
  • A requirement to pay a Driver’s Responsibility Fee of $1,000 a year for two (2) years, payable to the Secretary of State.

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