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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
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.
96 hours to 6 months in jail, plus a fine of $390 to $1,000, and a 6-month license suspension.
SECOND OFFENSE
within 7 years
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. 90 days to 1 year in jail, $390 to $1,000 fine, and an 18-month license suspension.
THIRD OFFENSE
within 7 years
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. 120 days to 1 year in jail, $390 to $1,000 fine, and a 3-year license revocation.
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. 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.



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
4 year revocation
4 year revocation
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