Penalties for a First DUI Conviction
A person convicted of their first offense for DUI is subject to a jail sentence of at least 96 hours (4 days) of which 48 hours (two days) must be continuous. The jail sentence could be as long as six months. The Court also will impose a fine of between $390 and $1,000.
A first time offender will have their license suspended for 6 months. In order to have their license reinstated, the offender must complete a state approved driving-under-the-influence program and give proof that he or she carries high-risk insurance.
Conditions of Probation for First Offense
If the Court chooses to grant probation to a first time offender, the Court will impose a fine of at least $390 and up to $1,000. Also, the Court may at its discretion impose a jail sentence of 48 hours to a year. If the offender’s BAC was less than .20, the court will order at least three months of 30 hours of alcohol counseling classes. If the BAC was higher than .20% or the offender refused to take a chemical test the court will order at least 9 months of participation of a program of at least 60 hours of alcohol counseling activities. If an offender does not enroll in a driving-under-the-influence program, the court will revoke the probation and enter a conviction.
License Suspension (Probation)
A first time offender granted probation will have their license suspended for 6 months. In order to have their license reinstated, the offender must complete a state approved driving-under-the-influence program and give proof that he or she carries high-risk insurance. Based on the circumstances of the incident, if the Court deems the offender a traffic safety or public safety risk, the court can disallow the issuance of a restricted driver’s license.
Issuance of a Restricted License
If the Court does not deem an offender a risk to the public safety, a first time offender is eligible for a restricted license limited to the hours necessary for the individual to drive to and from work, and within the course of employment, if necessary. The issuance of a restricted license is based upon the following conditions:
- Successful completion of the state-approved driving-under-the-influence program
- Proof of financial responsibility
- Paying all applicable reinstatement or reissuance fees and any restriction fee required
- The restriction will remain in effect until the final day of the original suspension