This is simply a summary of the range of punishment available to the judge in setting the sentence for a DUI offense. These penalties apply only to drivers under the age of 21 years.
A person under the age of 21 years cannot enter a plea of nolo contendere to a DUI offense. A nolo contendere plea would ordinarily offer some advantages with regard to answering whether you have ever been plead or found guilty of a crime.
IMPORTANT: The license of a person convicted of or pleading to DUI under the age of 21 will not merely be suspended, it will be REVOKED.
This is simply a summary of the range of punishment available to the judge in setting the sentence for a DUI offense. These penalties apply only to drivers over the age of 21 years.
1st DUI in Ten Years
Jail Time................................................... 10 days - 12 months
On a first offense all jail time usually can be suspended or probated except that if the person took a breath test and had a reading of 0.08 or greater, then 24 hours of jail time is required.
Mandatory fine ............................................... $300-1000 plus surcharges
Community Service ......................................... 40 hours minimum
2nd DUI in Ten Years
Jail Time ........................................................90 days-12 months
On a second offense all jail time except for 72 hours can be suspended or probated.
Mandatory fine ............................................... $600-1000 plus surcharges
Community Service ......................................... 30 days minimum
Seizure of vehicle license plates
Publication of your picture in your hometown newspaper
3rd DUI in Ten Years
Jail Time ....................................................... 120 days-12 months
On a third offense all jail time except for 15 days can be suspended or probated.
Mandatory fine ............................................... $1000-5000 plus surcharges
Community Service ......................................... 30 days minimum
Seizure of vehicle license plates<
Publication of your picture in your hometown newspaper
4th DUI in Ten Years - Felony Charge - Special Rules May Apply
Jail Time ....................................................... one to five years
On a fourth offense all jail time except for 90 days can be suspended or probated.
Mandatory fine ............................................... $1000-5000 plus surcharges
Community Service ......................................... 60 days minimum (can be suspended if sentenced to serve three or more years of incarceration)
Seizure of vehicle license plates<
Publication of your picture in your hometown newspaper
Following a third DUI in five years you will be declared to be a habitual violator. Your license will be suspended for five years. It will be a felony for you to drive during that period unless you obtain a probationary license which can only be obtained after two years of no offenses.
These sentencing ranges do not include the amounts that you will have to pay to have your license restored administratively which includes Drug and Alcohol Risk Reduction course, drug and alcohol counseling, and reinstatement fees. It certainly doesn't include the amounts that your insurance will go up if you plead or are convicted.
