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Stories
| OFFENSE |
MINIMUM AND MAXIMUM SENTENCES WHEN PROBATION IS GRANTED (3 TO 5 YEARS PROBATION TERM) |
MINIMUM AND MAXIMUM SENTENCES WITHOUT PROBATION |
FIRST OFFENSE
within 7 years
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Two options, both requiring attendance at an alcohol/drug program, plus a fine of $390 to $1,000, plus either: (A) 48 hours to 6 months in jail; or (B) 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.
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96 hours to 6 months in jail, plus a fine of $390 to $1,000, and a 6-month license suspension.
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SECOND OFFENSE
within 7 years
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Two options, both carrying a fine of $390 to $1,000, plus either: (A) 96 hours (4 days) to 1 year in jail and an 18-month license suspension; or (B) a 30-month alcohol/drug program, and 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 18 months if the offense occurred in a vehicle which requires a class 1, 2, A, or B license. Installation of interlocking device for 18 months.
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90 days to 1 year in jail, $390 to $1,000 fine, and an 18-month license suspension.
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THIRD OFFENSE
within 7 years
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120 days to 1 year in jail, $390 to $1,000 fine, a 3-year license revocation, and an 18-month alcohol/drug program if you have not completed one before.
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120 days to 1 year in jail, $390 to $1,000 fine, and a 3-year license revocation.
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FOURTH OR SUBSEQUENT OFFENSE
within 7 years |
120 days to 1 year in jail, $390 to $1,000 fine, a 4-year license revocation, and an 18-month alcohol/drug program if you have not completed one before.
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16 months, or 2 or 3 years in state prison, or 180 days to 1 year in county jail; $390 to $1,000 fine, and a 4-year license revocation.
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DMV PENALTIES FOR DRIVING UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS
| OFFENSE |
BOH/REFUSAL |
SENTENCE |
| FIRST OFFENSE |
.08 or greater Refusal |
4month suspension 1 year suspension |
SECOND OFFENSE within 7 years |
.08 or greater Refusal |
1 year suspension 2 year revocation |
THIRD OFFENSE within 7 years |
.08 or greater Refusal |
3 year revocation 3 year revocation |
FOURTH OFFENSE within 7 years |
.08 or greater Refusal
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4 year revocation 4 year revocation |
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