Penalties for a Second Offense Within Ten Years

A second DUI conviction within 10 years of another alcohol related driving offense that resulted in a conviction could result at least 90 days in jail, and as long as one year. Also, the Court will impose a fine of between $390 and $1,000.

License Suspension

Upon a finding of guilt, your license will be immediately suspended and you will be required to surrender your driver’s license to the court. The length of suspension for a second offense is two years. In order to have your driver’s license reinstated, you will have to complete either an 18 month or 30 month state approved driving-under-the-influence program and provide proof of financial responsibility.

Conditions of Probation for Second Offense within 10 years

If the Court grants you probation for you second offense within 10 years, the court has two options when it comes to jail time and fines:

  1. At least 10 days in jail and up to a year, and a fine of between $390 and $1,000
  2. 96 hours (4 days) to one year in jail, and a fine of between $390 and $1,000. If the court imposes 96 hours, the sentence must be served in 48 hour increments, and the increments may be served nonconsecutively

License Suspension (Probation)

If the Court grants you probation, your license will be immediately suspended and you will be required to surrender your driver’s license to the court. The length of suspension for a second offense is two years. In order to have your driver’s license reinstated, you will have to complete either an 18 month or 30 month state approved driving-under-the-influence program and provide proof of financial responsibility.

Issuance of a Restricted License

After your second DUI offense within 10 years, you are eligible for a restricted license after 12 months of the suspension period, or after 90 days of the suspension period if the underlying conviction did not involve drugs. The issuance of a restricted license is contingent upon compliance with the following conditions:

  • Depending on your county of residence or work
  • Proof of enrollment in an 18-month state approved driving-under-the-influence-program
  • Proof of enrollment in a 30-month state approved driving-under-the-influence program
  • Agreement to continue in the program
  • Installation and maintenance of and ignition interlock device
  • Proof of financial responsibility
  • Payment of all reissue or restriction fees
  • Payment of Administrative fees
  • The restriction will remain in effect for the length of the original suspension and until all conditions of reissuance are met