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DUI Punishment

First Conviction Within Ten Year Period:

  • Crime Level - Misdemeanor offense
  • Fine - Not less than $300.00 and not more than $1,000.00
  • Jail Time - A period of imprisonment of not fewer than ten days nor more than 12 months. At the sole discretion of the judge, the Court may suspend, stay, or probate all but 24 hours of any term of imprisonment
  • Community Service - Not fewer than 40 hours of community service
  • Completion of a DUI Alcohol or Drug Use Risk Reduction Program
  • A substance abuse or dependence clinical evaluation

Second Conviction Within Ten Year Period:

  • Crime Level - Misdemeanor offense
  • Fine - Not less than $600.00 and not more than $1,000.00
  • Jail Time - A period of imprisonment of not fewer than 90 days and not more than 12 months. At the sole discretion of the judge, the Court may suspend, stay, or probate all but 72 hours of actual incarceration
  • Community Service - Not fewer than 30 days of community service
  • Completion of a DUI Alcohol or Drug Use Risk Reduction Program
  • A substance abuse or dependence clinical evaluation
  • A period of probation of 12 months less any days during which the person is actually incarcerated.

Third Conviction Within Ten Year Period:

  • Crime Level - High and aggravated misdemeanor offense
  • Fine - Not less than $1,000.00 and not more than $5,000.00
  • Jail Time - A mandatory period of imprisonment of not fewer than 120 days and not more than 12 months. At the sole discretion of the judge, the Court may suspend, stay, or probate all but 15 days of actual incarceration
  • Community Service - Not fewer than 30 days of community service
  • Completion of a DUI Alcohol or Drug Use Risk Reduction Program
  • A substance abuse or dependence clinical evaluation
  • A period of probation of 12 months less any days during which the person is actually incarcerated.

Fourth or Subsequent DUI Within Ten Year Period:

  • Crime Level - Felony offense
  • Fine - Not less than $1,000.00 and not more than $5,000.00
  • Jail Time - A period of imprisonment of not less than one year and not more than five years; provided, however, that the judge may suspend, stay, or probate all but 90 days of any term of imprisonment imposed under this paragraph
  • Community Service - Not fewer than 60 days of community service; provided, however, that if a defendant is sentenced to serve three years of actual imprisonment, the judge may suspend the community service
  • Completion of a DUI Alcohol or Drug Use Risk Reduction Program
  • A substance abuse or dependence clinical evaluation
  • A period of probation of five years less any days during which the person is actually imprisoned; provided, however, that if the ten-year period of time as measured in this paragraph commenced prior to July 1, 2008, then such fourth or subsequent conviction shall be a misdemeanor of a high and aggravated nature and punished as provided in paragraph (3).

Categories: DUI Penalties