|
OFFENSE |
MINIMUM AND MAXIMUM SENTENCES WHEN PROBATION IS GRANTED (3 TO 5 YEARS PROBATION TERM) |
MINIMUM AND MAXIMUM SENTENCES WITHOUT PROBATION |
|
FIRST Offense within 10 years |
Two options, both requiring attendance at a 3 month or 6 month alcohol/drug program, a fine of $390 to $1000, plus either: (A) 48 hours to 6 months in jail; or (B) for arrests prior to September 20, 2005, a 90-day license restriction. Under option (A), the Court may also suspend your license for 6 months. Under either option, your license shall be suspended for 6 months if the offense occurred in a vehicle which requires a class 1, 2, A, or B license. As a result of the court conviction, the DMV will suspend your license for 6 months, but a restricted license may be available. |
96 hours to 6 months in jail, $390 to $1000 fine, and a 6 month license suspension. |
|
SECOND Offense within 10 years |
Two options, both carrying a fine of $390 to $1000, plus either: (A) 10 days to 1 year in jail and a 2 year license suspension; or (B) 96 hours to 1 year in jail, an 18-month or 30-month alcohol/drug program, and for arrests prior to September 20, 2005, a license restriction allowing driving only for work and alcohol/drug program for the duration of the program. However, your license shall be suspended for 2 years if the offense occured in a vehicle which requires a class 1, 2, A, or B license. Installation of interlocking device for up to 3 years. As a result of the court conviction, the DMV will suspend your license for 2 years, but a restricted license may be available after the first year of suspension. |
90 days to 1 year in jail, $390 to $1000 fine, and a 2 year license suspension. |
|
THIRD Offense within 10 years |
120 days to 1 year in jail, $390 to $1000 fine, a 3-year license revocation, and an 18-month or 30 month alcohol/drug program if you have not completed one before. |
120 days to 1 year in jail, $390 to $1000 fine, and a 3-year license revocation. |
|
FOURTH or Subsequent Offense within 10 years |
180 days to 1 year in jail, $390 to $1000 fine, a 4 year license revocation, and an 18-month or 30 month alcohol/drug program if you have not completed one before. |
16 months, or 2 or 3 years in state prison, or 180 days to 1 year in county jail; $390 to $1000 fine, and a 4-year license revocation. |
DMV PENALTIES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS
|
|
FIRST Offense |
.08 or greater |
4 month suspension |
|
Refusal |
1 year suspension |
|
SECOND Offense Within 10 years |
.08 or greater |
1 year suspension |
|
Refusal |
2 year revocation |
|
THIRD Offense Within 10 years |
.08 or greater |
3 year revocation |
|
Refusal |
3 year revocation |
|
FOURTH Offense Within 10 years |
.08 or greater |
4 year revocation |
|
Refusal |
4 year revocation |