DUI Penalties
DUI Penalties
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Possible Penalties of the DUI Arrest Are Listed Below
First Conviction:
If BAC is less than .20, imprisonment in the County jail of not less than 5 days and not more than 1 year. A fine of not less than $600 and not more than $1,000. You must perform not less than 48 hours and not more than 96 hours of useful public service as a penalty.
The minimum imprisonment is mandatory unless you complete the alcohol and drug program as ordered by the Court and abstain from the use of alcohol for 1 year from the date of sentencing. If you fail to comply with the conditions and alcohol and any drug program, the court shall re-impose the suspended sentence. Two years of discretionary probation may be imposed.
If the Defendant's BAC is .20 or more, imprisonment shall not be less than 10 days which may be served in an alternative sentencing program. A fine of $1,000 to 1,500 and 60-120 useful public service hours may be imposed.
Second Conviction:
If the prior conviction is within 5 years, imprisonment in the County jail not less than 10 days no more than 1 year. Days served as part of the sentence must be served consecutive, no earned time, good time, or trustee prisoner status is provided. Sentencing alternatives are not allowed for the mandatory minimum but allowed for additional time. Work release may be applied for the minimum mandatory sentence only if the county has such program available and:
1) The Defendant can prove at the time of sentencing that the defendant has employment, OR
2) Is a full-time student at the time of sentencing and is continuing attendance at an educational institution at which the person was enrolled at the same time of sentencing, and is participating in Level II treatment.
A fine of not less than $600 and not more than $1,000 may be imposed for any second DUI conviction. You must perform not less than 48 hours, and not more than 120 hours of useful public service. The Defendant will serve a mandatory sentence of 2 years probation with 1 year of jail suspended as a condition of probation, abstain from alcohol, and participate in Level II.
If the Defendant's prior conviction is older by 5 years from the time of the new violation, the Defendant shall be sentenced to imprisonment in the County jail not less than 10 days and not more than 1 year, but an alternative sentencing program may be allowed for the entire sentence.
Third Conviction:
Imprisonment in the County jail for not less than 60 days, and not more than 1 year. A fine of not less than $600 and not more than $1,000. You must perform not less than 48 hours and not more than 120 hours of useful public service. Mandatory two years probation, an additional one year jail suspended as a condition of probation, abstain from alcohol, and participation in Level II treatment.
Mandatory minimum jail sentence must be served on consecutive days, no earned time, no good time, and trustee prisoner status. An alternative sentencing program does not apply to the mandatory minimum sentence of 60 days, but may be applied to any sentence period remaining after the minimum mandatory sentence of 60 days has been served as a penalty.
Work release may be applied for the minimum mandatory sentence only if the county has such program available and:
(1) The Defendant can prove at the time of sentencing that the defendant has employment, OR.
(2) Is a full-time student at the time of sentencing and is continuing attendance at an education, institution at which the person was enrolled at the time of sentencing, and is participating in Level II treatment.
Any DUI conviction will result in 12 points being assessed against your driver's license, which will result in the revocation of your license.
Prior convictions include DUI, DUI per se, DWAI, Habitual User, Vehicular Homicide (based on under the influence), Vehicular Assault (based on under the influence, HTO (felony based on DUI or DWAI), or DUR alcohol or drug. Call
Randy L. Brown PC Attorney At Law to learn more about DUI penalties.
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