MINIMUM AND MAXIMUM SENTENCES
FIRST OFFENSE IN 10 YEARS

IF SENTENCE INCLUDES ANY PROBATION (3-5 years)
(1) Attend an alcohol/drug treatment program;
(2) Pay fine of $390.00 to $1000.00; and either:
A. Jail 48 hours minimum - 6 months maximum plus license suspension up to 6 months; or
B. 90 days restricted license

If offense occurred in a vehicle requiring a class A or B license - 6 months license suspension

IF SENTENCE DOES NOT INCLUDE PROBATION
(1) 96 Hours - 6 months jail and
(2) Pay fine $390.00 - $1000.00 and
(3) 6 month license suspension

SECOND OFFENSE IN 10 YEARS

(1) Fine $390.00 - $1000.00, plus either:
(2) 10 days to1 year jail and 18 month license suspension; or
(3) 96 hours to 1 year in jail; an 18 month to 30 month alcohol/drug program with license suspension or resticted to and from work and program for duration of program.

If offense occurred in a vehicle requiring a class A or B license - 18 months license suspension and installation of ignition interlocking device

(1) 90 Days - 1 year in jail and
(2) Pay fine $390.00 - $1000.00 and
(3) 18 month license suspension

THIRD OFFENSE IN 10 YEARS

(1) Fine $390.00 - $1000.00 and
(2) 120 days - 1 year jail, and
(3) 3 year license revocation, and
(4) 18-30 months alcohol/drug program.

(1) 120 Days - 1 year in jail and
(2) Pay fine $390.00 - $1000.00 and
(3) 3 year license revocation


FOURTH OFFENSE IN 10 YEARS;

THIS IS A FELONY.


(1) Fine $390.00 - $1000.00 and
(2) 180 days - 1 year jail, and
(3) 4 year license revocation, and
(4) 18 month alcohol/drug program if not done previously.


(1) 16 months - 2 or 3 years prison or
(2) 180 days - 1 year jail, and
(3) Pay fine $390.00 - $1000.00 and
(4) 4 year license revocation

 

 

DMV PENALTIES FOR DRIVING UNDER THE INFLUENCE

 

OFFENSE

%ALCOHOL/REFUSAL

DMV PENALTY

 

 

 

 

 

FIRST OFFENSE
FIRST OFFENSE

.08 or greater
Refusal

4 month suspension
1 year suspension

 

 

 

 

 

SECOND OFFENSE
SECOND OFFENSE

.08 or greater
Refusal

1 year suspension
2 year revocation

 

 

 

 

 

THIRD OFFENSE
THIRD OFFENSE

.08 or greater
Refusal

3 year revocation
3 year revocation

 

 

 

 

 

FOURTH OFFENSE
FOURTH OFFENSE

.08 or greater
Refusal

4 year revocation
4 year revocation

 

 

 

 

 

Second and subsequent offense refers to 10 year period between offenses