| 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 under the
age of 21 years.
A person under the age of 21 years cannot enter a plea of nolo
contendere to a DUI offense.
IMPORTANT: The license of a person convicted of or pleading
to DUI under the age of 21 will not merely be suspended, it will
be REVOKED.
1st DUI in Five Years
Jail Time ................................................. 10
days - 12 months
On a first offense all jail time can be suspended or probated. Any
jail time not suspended or
probated can only be served in a county jail and then segregated
from all persons who are not
also charged with DUI under 21.
Mandatory fine ..................................................
$300-1000
Community Service ......................................... 40 hrs
minimum (must be completed within 60 days)
(If the BAC was 0.08 or less, this can be reduced to 20 hours minimum)
NO LIMITED PERMIT FOR UNDER 21 OFFENDERS. DUI Risk Reduction program
required for reinstatement of license.
2nd DUI in Five Years
Jail Time ............................................................
90 days-12 mths
On a second offense all jail time except for 48 hours can be suspended
or probated. Any jail time not suspended or probated can only be
served in a county jail and then segregated from all persons who
are not also charged with DUI under 21.
Mandatory fine ..................................................
$600-1000
Community Service .......................................... 30
days (must be completed within 60 days)
NO LIMITED PERMIT FOR UNDER 21 OFFENDERS. DUI Risk Reduction program
and Drug and Alcohol Clinical Evaluation/Treatment required for
reinstatement of license.
3rd DUI in Five Years
Jail Time .....................................................
120 days-12 months
On a third offense all jail time except for 10 days can be suspended
or probated. Any jail time not suspended or probated can only be
served in a county jail and then segregated from all person who
are not also charged with DUI under 21.
Mandatory fine .................................................
$1000-5000
Community Service ......................................... 30 days
NO LIMITED PERMIT FOR UNDER 21 OFFENDERS. DUI Risk Reduction program
and Drug and Alcohol Clinical Evaluation/Treatment required for
reinstatement of license.
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.
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 certainly doesn't include the amounts that your insurance
will go up if you plead or are convicted.
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