PENALTIES
A DUI conviction can result in serious penalties. A driver can fact probation or
incarceration for up to 50 years depending on their offense. The driver can also expect to lose
their license for up to 15 years. Due to these consequences, a person faced with this charge
needs to consult with an attorney to reduce or minimize the consequences, especially in the case
of officer or machine error.
Below is a chart of the possible penalties.
DUI PENALTY CHART
FIRST OFFENSE
| Offense |
Blood / Breath Alcohol Level |
Criminal Offense |
License Revocation Period |
Penality If Given Probation or Suspended Sentence |
Test Refusal |
| First |
>.08 |
Class W Misdemeanor 7-60 days & $500.00 Fine |
6 Months 30 days ->5 Months with IID |
60 Day License Revocation & $400.00 Fine |
X |
| First High BAC |
>.15 |
Class W Misdemeanor 7-60 days & $500.00 Fine |
6 Months 60 days ->5 Months with IID |
1 Year License Revocation 45 Days -> Balance with IID $500.00 Fine & 2 Days in Jail or 120 Hours Of Community Services |
|
SECOND OFFENSE
| Offense |
Blood / Breath Alcohol Level |
Criminal Offense |
License Revocation Period |
Penality If Given Probation or Suspended Sentence |
Test Refusal |
| Second |
>.08 |
Class W Misdemeanor 30-180 days & $500.00 Fine |
1 Year 60 days ->11 Months with IID |
1 Year License Revocation 45 -> balance with IID $500.00 fine & 10 days in kjail or 240 hours of community service. |
X |
| Second High BAC |
>.15 |
Class W Misdemeanor 90 days & up to $1,000.00 Fine |
1-15 Years |
1-15 year license Revocation 45 days -> balance with IID $1,000 fine & 30 days in jail. |
|
THIRD OFFENSE
| Offense |
Blood / Breath Alcohol Level |
Criminal Offense |
License Revocation Period |
Penality If Given Probation or Suspended Sentence |
Test Refusal |
| Third |
>.08 |
Class W Misdemeanor 90 to 1 year & $500.00 Fine |
15 Years |
2 - 15 year license reocatin, 45 days-> balance with IID $600.00 fine & 30 days in jail. |
X |
| Third High BAC |
>.15 |
Class IIA Felony 180 days - 5 years & up to $10,000.00 Fine |
15 Years |
5-15 year license revocation 45 -> balance with IID $,1000 fine & 60 days in jail. |
|
FOURTH OFFENSE
| Offense |
Blood / Breath Alcohol Level |
Criminal Offense |
License Revocation Period |
Penality If Given Probation or Suspended Sentence |
Test Refusal |
| Fourth |
>.08 |
Class IIA Felony 180 days - 5 years & up to $10,000.00 Fine |
15 Years |
15 year license revocation 45 days -> balance with IID $1,000.00 fine & 90 days in jail. |
X |
| Fourth High BAC |
>.15 |
Class IIA Felony 1- 20 years & up to $25,000.00 Fine |
15 Years |
15 year license revocation 45 days -> balance with IID $1,000.00 fine & 120 days in jail. |
|
FIFTH OFFENSE
| Offense |
Blood / Breath Alcohol Level |
Criminal Offense |
License Revocation Period |
Penality If Given Probation or Suspended Sentence |
Test Refusal |
| Fifth |
>.08 |
Class III Felony 1 - 20 years & up to $25.000.00 Fine |
15 Years |
15 year license revocation 45 days -> balance with IID $1,000.00 fine & 180 days in jail. |
X |
| Fifth High BAC |
>.15 |
Class III Felony 1 - 50 years |
15 Years |
15 year license revocation 45 days -> balance with IID $1,000.00 fine & 180 days in jail. |
|
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