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
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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 HOMICIDE - (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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