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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 YearsJail 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 YearsJail 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 YearsJail 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. |
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