OFFENSE

MINIMUM AND MAXIMUM SENTENCES WHEN PROBATION IS GRANTED (3 TO 5 YEARS PROBATION TERM)

MINIMUM AND MAXIMUM SENTENCES WITHOUT PROBATION

1^st 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.

2^nd 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.

3^rd 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.

4^th 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