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DUI Offenses

DUI Offenses Outline

Implied Consent - Refusal to Submit to Blood Alcohol (BAC) [55-10-406]

  • Revocation of Drivers License for 1 year - 1st offense
  • Revocation of Drivers License for 2 years - 2nd offense
  • Revocation of Drivers License for 2 years if crash resulted in bodily injury (Most Aggravated Drunk Driving Law)
  • Revocation of Drivers License for 5 years if crash resulted in a death (Most Aggravated Drunk Driving Law)

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1st Time DUI Offender - .08 (BAC) [55-10-401] [55-10-403]

  • 48 hours to 11 months, 29 days of jail for offenders under the age of 21
  • 24 hours to 11 months, 29 days of jail for offenders 21 and over
  • .20 BAC or greater minimum jail time 7 consecutive days
  • License revocation for 1 year
  • You will be ordered to participate in a DUI school
  • Pay restitution to any person suffering physical injury or personal loss
  • $350-$1,500 fine
  • With towing, bail, attorney, high risk insurance, court costs, school, and reinstatement fees, your first offense average costs could add up to $4,900
  • Judge can order you to install a vehicle Ignition Interlock Device at your expense. Minimum 1st year cost $810 [55-10-412d]
  • If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense
  • Drug and Alcohol Treatment may be required at the judge's discretion

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2nd Time DUI Offender

  • 45 days to 11 months, 29 days of jail
  • $600-$3,500 mandatory fine
  • License revocation for 2 years/Restricted License available after first year
  • Subject to .08 BAC
  • Subject to vehicle seizure/forfeiture
  • You will be ordered to attend a DUI school
  • The judge can order you to install a vehicle Ignition Interlock Device at your expense
  • If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense
  • Pay restitution to ay person suffering personal injury or loss

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3rd Time DUI Offender

  • 120 days to 11 months, 29 days in jail
  • $1,100 to $10,000 mandatory fines
  • License revocation for 3-10 years/NO restricted license available
  • Subject to .08 BAC
  • Subject to vehicle seizure/forfeit
  • DUI school
  • Judge could order an Ignition Interlock Device installed at your expense
  • If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense

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4th and Subsequent DUI Offender

  • Class E Felony
  • 1 Year (365) days of jail time with a minimum of 150 consecutive days served
  • $3,000 to $15,000 mandatory fine
  • License revocation for 5 years/NO restricted license available
  • Subject to vehicle seizure/forfeit
  • DUI school
  • Judge could order an Ignition Interlock Device installed at your expense
  • If two (2) convictions of DUI in 5 years, Ignition Interlock Device required for 6 months after reinstatement at your expense

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Vehicular Assault - Serious injury to another person by a DUI driver

  • Class D Felony [39-13-106]
  • License revocation from 1 to 5 years according to prior offenses
  • Jail time 2 to 12 years according to range [40-35-112]
  • Plus fines and court costs

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Child Endangerment - DUI with passenger under 13 years old

  • Class D felony if child suffers serious injury [55-10-414] [40-35-112]
  • 2 to 4 years jail time
  • Class C Felony if child death involved
  • 3 to 6 years jail time
  • License revocation

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Vehicular Homicide

  • Class B Felony [39-13-213] [40-35-112]
  • Fatal crash caused by DUI with .08 BAC or more
  • License revocation for 3-10 years/NO restricted license available

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Aggravated Vehicular Assault While Driving Intoxicated

  • Class A Felony [39-13-218] [40-35-112]
  • If any of the following conditions are present: Two or more prior (a) DUI conviction, (b) Vehicular assault convictions or, (c) any combination
  • One prior Vehicular Homicide
  • A BAC of .20 or greater at the time of the vehicular homicide has (1) one prior DUI or Vehicular Assault offense

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