This is simply a summary of the range of punishment available to the judge in setting the sentence for a DUI offense. These penalties apply
only to drivers over the age of 21 years who are not operating
1st DUI in Five Years
Jail Time ................................................ 10 days
- 12 months
(On a first offense all jail time may be suspended unless the BAC
is over 0.08 when all jail time
except for 24 hours can be suspended or probated)
Mandatory fine ..................................................
$300-1000
Community Service ......................................... 40 hrs
minimum
Completion of an approved DUI Risk Reduction Course
A Limited Permit is available for four months. Your driver's license
will be suspended for 12 months but you can regain it after four
months by attending DUI School.
2nd DUI in Five Years
Jail Time ............................................................
90 days-12 months
(On a second offense all jail time except for 72 hours can be suspended
or probated.)
Mandatory fine ..................................................
$600-1000
Community Service .......................................... 30
days minimum
Completion of an approved DUI Risk Reduction Course
Submission to a Drug and Alcohol Clinical Evaluation
and, if directed, Treatment
Seizure of license plates of any vehicles registered in the person's
name
Publication of picture of person in legal notices of
county of residence newspaper showing DUI conviction
No permit is available. Your license will be suspended for three
years. An ignition interlock permit may be obtained after twelve
months and you can obtain your regular license after six months
of ignition interlock.
3rd DUI in Five Years
Jail Time .....................................................
120 days-12 months
(All jail time except for 15 days can be suspended or probated.)
Mandatory fine .................................................
$1000-5000
Community Service ......................................... 30 days
minimum
Completion of an approved DUI Risk Reduction Course
Submission to a Drug and Alcohol Clinical Evaluation
and, if directed, Treatment
Seizure of license plates of any vehicles registered in the person's
name
Publication of picture of person in legal notices of
county of residence newspaper showing DUI conviction
Following a third DUI in five years you will be declared to be a
habitual violator. Your license will be suspended for five years.
It will be a felony for you to drive during that period unless you
obtain a probationary license which can only be obtained after two
years of no offenses. A DUI while under a probationary license can
be prosecuted as a felony.
These sentencing ranges do not include the amounts that you will
have to pay to have your license restored administratively which
includes DUI Driving Courses, drug and alcohol counseling, and reinstatement
fees. It also does not include the amounts of state surcharges which
can increase the fine amounts in excess of twenty-five percent.
It certainly doesn't include the amounts that your insurance will
go up if you plead guilty or nolo contendere or are convicted.