Punishment for a First Conviction of DUI:

Administrative Per Se driver’s license suspension at time of arrest;
Not less than $500 or more than $1,000 fine;
Not less than $1,000 or more than $2,000 fine if violator had a .15 or higher BAC or if at the time of the violation there were any individuals under the age of 18 in the vehicle;
Incarceration for not more than 6 months;
Incarceration for not more than 9 months if there was a .15 or higher BAC or a minor(s) was in the vehicle at the time of the violation;
Revocation of the violators driving privilege for 180 days to 1 year from the conviction date;
One year of probation;
Ten days of vehicle impoundment;
Driver may apply for a hardship driver’s license;
Alcohol/drug evaluation;
Mandatory DUI School;
Mandatory fifty hours of community service, or an additional fine of $10 for each hour of required community service;
Installation of a vehicle interlock device

For a first conviction, a court may order the installation of an ignition interlock device.

If the violator had a 0.15 BAC or greater or was operating the vehicle with a minor in the vehicle at the time of the violation, the installation of an ignition interlock device will be required for at least 6 continuous months.

Administrative Per Se driver’s license suspension at time of arrest;
$1,000 to $2,000 fine;
$2,000 to $4,000 fine if there is a 0.15 or higher BAC or minors in the vehicle at the time of the violation;
Incarceration of not more than 9 months (up to 9 months if a second conviction within 5 years of the first); up to 12 months if the BAC was 0.15 or more or there were minor(s) in the vehicle at the time of the violation;
Revocation of the violators driving privilege for a minimum 180 days; a second conviction within 5 years of the first results in a 5-year revocation;
One year probation;
Vehicle impoundment for 30 days, if the second conviction is within 3 years of the first conviction;
Community service, as determined by the court;
Installation of a vehicle ignition interlock device installed at owners expense and placed on all vehicles used by the violator for a period of at least 1 continuous year;
Alcohol and drug evaluation;
Mandatory DUI school;
A second DUI past 5 years will be punished as if it were a first-time DUI conviction.

If a 2nd conviction for DUI is within 5 years of any prior conviction, there is a mandatory imprisonment of at least 10 days. At least 48 hours of the confinement must be consecutive.

Punishment for a Second Conviction of DUI:

Administrative Penalties

Driver's license suspension/revocation

Not within 5 years: 180 days to 1 year
Within 5 years: 5 years

DUI Program (if required) and fee: $15
Administrative fee: $130.
Driver's license reinstatement fee:

Suspension: $45
Revocation: $75.

Maintain FR-44 for 3 years
Ignition Interlock Device: $12 if granted a restricted driver's license.

Criminal Penalties

Fines of $1,000 to $2,000. For BAL of .0.15% or higher, or a minor in the car, minimum $2,000 to $4,000.
Jail time of not more than 9 months. A BAL of .0.15% or higher, or driving with a minor in the car, will require up to 12 months*.
Vehicle impoundment for 30 days.*

Punishment for a Third Conviction of DUI:

Administrative Per Se driver’s license suspension at time of arrest;
Not less than $2,000 or more than $5,000 fine;
Not less than a $4,000 fine if there is a 0.15 or higher BAC or minors in the vehicle at time of the violation;
Incarceration for up to 12 months;
Revocation of the violators driving privilege for a minimum 180 days; a third conviction within 10 years after the first conviction results in a 10-year revocation;
1 year probation
Vehicle impoundment for 90 days, if third conviction is within 5 years of the second conviction;
Installation of a vehicle ignition interlock device installed at owners expense and placed on all vehicles used by the violator for a period of at least 2 continuous years;
Alcohol and drug evaluation;
Mandatory DUI school;
A third DUI conviction is considered a felony of the third degree, a third DUI past 10 years will be punished as if it were a first-time DUI conviction.

If a 3rd conviction is within 10 years of any prior DUI conviction, there is a mandatory imprisonment of 30 days. At least 48 hours of the confinement must be consecutive.

A 3rd degree felony is punishable by 5 year’s incarceration and a $5,000 fine or both.

Punishment for a Fourth or Subsequent Conviction of DUI:

Not less than a $2,000 fine;
Incarceration for not more than 5 years;
Up to 5 years’ probation as an Habitual/Violent offender, with possible incarceration;
Mandatory permanent revocation of the violator’s driver’s license.

A person whose driving privilege has been permanently revoked because he or she has been convicted four or more times of violating FSS 316.193, Driving Under the Influence, may upon the expiration of 5 years after the date of the last conviction or the expiration of 5 years after the termination of any incarceration for a conviction of DUI, whichever is later, may petition the department for reinstatement of his or her driving privilege.

Within 30 days after receipt of a petition, the department shall provide for a hearing, at which the petitioner must demonstrate that he or she:

Has not been arrested for a drug-related offense for at least 5 years prior to filing the petition;
Has not driven a motor vehicle without a license for at least 5 years prior to the hearing;
Has been drug-free for at least 5 years prior to the hearing; and
Has completed a DUI program licensed by the department

At the hearing, the department shall determine the petitioner's qualification, fitness, and need to drive, and may, after such determination, reinstate the petitioner's driver's license. The reinstatement shall be subject to the following qualifications:

The petitioner's driver's license must be restricted for employment purposes for not less than 1 year; and
The petitioner must be supervised by a DUI program licensed by the department and must report to the program for supervision and education at least four times a year or more, as required by the program, for the remainder of the revocation period. The supervision shall include evaluation, education, referral into treatment, and other activities required by the department.
The petitioner must assume the reasonable costs of supervision. If the petitioner does not comply with the required supervision, the program shall report the failure to the department, and the department shall cancel such person's driving privilege.

If, after reinstatement, the petitioner is convicted of an offense for which mandatory license revocation is required, the department shall revoke his or her driving privilege.

A person may not be issued a commercial driver's license during a period in which such person is disqualified from operating commercial motor vehicles or in which the driving privilege of such person is suspended, revoked, or canceled.

Conditions for release from incarceration after a DUI arrest:

The violator is no longer under the influence;
The violator’s normal faculties are no longer impaired;
The violator’s blood alcohol level is lower the 0.05;
A minimum of 8 hours has elapsed from the time the arrest

Misdemeanor DUI Conviction:

A violator who is found guilty of driving while under the influence and has been involved in a collision causing property damage or personal injury is guilty of a first-degree misdemeanor. A first-degree misdemeanor is punishable by a fine of $1,000 and imprisonment of up to 1 year or both.

Felony DUI Conviction:

An individual is guilty of a third-degree felony, punishable by fines of up to $5,000 and/or 5 year’s incarceration, if they: are found guilty of a fourth or subsequent DUI or caused any serious bodily injury while driving under the influence or have classified by the court as a habitual/violent offender at the time of their conviction for DUI.

Manslaughter:

An individual involved in a collision while under the influence and who causes the death of another may be charged with manslaughter. Manslaughter is a second-degree felony punishable by a fine of up to $10,000 and 15 years in jail or both. An individual who is under the influence and is involved in a collision and then leaves the scene is guilty of a first-degree felony, punishable by a fine of up to $10,000 and 30 year’s incarceration or both.

Vehicular Homicide:

An individual involved in a collision which results in death to another as a result of the operation of a motor vehicle in a reckless manner which is likely to cause death or great bodily harm may be charged and convicted of vehicular homicide. Vehicular homicide is a second-degree felony punishable by a fine of up to $10,000 and imprisonment for up to 15 years or both. An individual convicted of vehicular homicide who also left the scene of a collision is guilty of a first-degree felony punishable by a fine of not more than $10,000 and 30 year’s incarceration or both.

 

 

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The contents of this website should not be considered or relied upon as legal advice in any manner whatsoever ; may be considered advertising under some states’ Bar Rules ; and do not establish an attorney/client relationship with this law firm. Unless otherwise stated, no article or text on this Internet site is, has been, or will be updated or revised for accuracy as statutory or case law changes following the date of first publication. Always consult with your lawyer, and/or your other professional advisors, before acting. 


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