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. Nolo Contendere pleas are rarely used for any DUI cases any more, so this limitation is not really important.
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.
The under 21 driver is punished the same as an over 21 DUI offender except that any community service must be ordered to be completed within sixty days of sentencing.
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 timeexcept for 24 hours can be suspended or probated)
Mandatory fine .................................................. $300-1000
Community Service ......................................... 40 hrs minimumCompletion of an approved DUI Risk Reduction Course
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 minimumCompletion of an approved DUI Risk Reduction CourseSubmission to a Drug and Alcohol Clinical Evaluationand, if directed, TreatmentSeizure of license plates of any vehicles registered in the person's namePublication of picture of person in legal notices ofcounty of residence newspaper showing DUI conviction
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 minimumCompletion of an approved DUI Risk Reduction CourseSubmission to a Drug and Alcohol Clinical Evaluationand, if directed, TreatmentSeizure of license plates of any vehicles registered in the person's namePublication of picture of person in legal notices ofcounty 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.
