Under 21 DUI

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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 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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modified: June 08, 2004