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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